PLAN IMPLEMENTATION, PART II

Question 1

Subdivision Regulations (Start of land development process)

Answer 1

Description of land
Easements
Subdivisions
Exactions

Question 2

Describing Property

Answer 2

Originally was Metes and Bounds (use of landmarks) however these move and change.

Question 3

Federal Township Range System (then)

Answer 3

New process developed in 1700s

Section - Unit of land 1 mile x 1 mile, each with unique ID number

Township - Square grouping of 36 sections 6 x 6 miles, not political township.

Question 4

Land Number Conversion

Answer 4

640 acres = square mile
5280 feet = 1 mile
43560 sq ft = 1 acre

Question 5

Township Numbering

Answer 5

Sections number beginning in NE corner ascending to the left then snaking down and to the right

Question 6

Plats (now)

Answer 6

Subdivisions are now plats. Legal description based on plats.

Question 7

Property is a bundle of Rights (not just surficial estate)

Answer 7

Air Rights
Development Rights
Oil & Gas Rights
Mineral Rights
Riparian Rights
Easement Rights
Profit Rights

Question 8

Deed Restrictions

Answer 8

Can control almost anything. Used to control certain aspects.
Must serve a purpose and not violate constitutional right.
Popular in upscale neighborhoods to protect actions of neighbors. To maintain quality control.

Question 9

Restrictive Covenants or Deed Restrictions

Answer 9

it must...
Touch and concern land
Reasonable and capable of fulfillment
Further social policy
Not alienate title
Clearly demonstrate benefit and burden
Capable of amendment

Question 10

Problem with deed restrictions

Answer 10

Government will not enforce private regulations.
City regulations precedence over private
when more restrictive.
Enforcement is civil lawsuits.

Question 11

Easements

Answer 11

Affirmative Easement - Obligation of both parties to maintain a reciprocal relationship. Benefits both parties.

Both parties refrain from taking actions. (conservation easement - maintain natural state)

Question 12

Subdivision Review Process

Answer 12

Make plan
Staff review
Submit preliminary plat
Review plan
Public hearing
Final Plan
Review plat
Public hearing
Approval and recording

Question 13

Recording a Plat

Answer 13

Description of the subdivision by metes and bounds
Locate subdivision with respect to a corner of the survey.
Provide dimensions of subdivisions and of each street, alley, square, park or other part of the tract for public use.
Contain the acknowledgement of owner of tract in manner required for acknowledgement of deeds.

Question 14

Performance Bond

Answer 14

Developer require to post a bond, an agreement with community to ensure that final plat is built as shown on drawings within time period.

If developer fails to meet requirements, government may use bond to cover cost of constructing improvements.

Bond is released once improvements are in place and have passed inspection.

Question 15

Dedication

Answer 15

A gift, together with the land owner’s offer to transmit, of land to be used for a public purpose (ie road, streets, utility lines, parks, trails)

Question 16

Exaction

Answer 16

A demand by the gov’t that the developer either dedicate certain property or monies for public use to hold the project harmless from public obligation. Exaction must be roughly proportionate to the impact of development.

Question 17

Types of Zoning

Answer 17

Euclidean

Cumulative - Most restrictive in one district then becomes less as it expands out

Modified Cumulative - Restricted by use types

Form Base - Layout and design of land uses, focuses on setbacks and building orientations

Question 18

Zoning Districts

Answer 18

At minimum each district will contain:
Permitted uses
Uses by condition or special use
Bulk and dimension of lots and buildings

Additional controls:
Landscaping
Signage
Parking and spatial
Aesthetics

Question 19

Form Based Zoning

Answer 19

Form based districts
Form based codes
Smart code

Question 20

Special Districts

Answer 20

Often called an “overlay.” Special set of regs that are particular to the district. The underlying district is called the parent “base” district (ie R-1).

The parent district regs apply and additional regs are provided by the overlay district.

Overlay examples: Historic preservation, floodplain, university, watershed and lake protection, TOD, compact neighborhood, airport

Question 21

Planned Unit Developments

Answer 21

Encourages innovative approaches to development, both R and C.

Negotiated zoning for a specific location.

Can be in form of floating zoning or conditional use.

Allows negotiation of the site zoning requirements (ie allow more density in return for more open space)

Flexibility is permitted through process which relates approval to specific site plan

Downside: Flexibility upfront but on the back end any changes will be difficult. Will need to sort through entire case.

Question 22

Performance Zoning

Answer 22

Traditional zoning specifies what uses land can be put in a given place. Performance zoning specifies the intensity of land use that is acceptable. Deals not with use of parcel but the performance of a parcel and its surrounding impacts.

Focus on intensity of the land use. Controls outcomes.
First developed in 1973 in Bucks County, PA.

Seen more in industrial areas, deals with particulate matter, glare, etc.

Question 23

Specific Provisions

Answer 23

Non-conforming uses: Previously legally conforming. Use of land or structures that once legally conformed but now does not due to changes in code. Distinguished from illegal uses.

Vested rights: Similar to a non-conforming use right. Indicates the point at which the right to develop cannot be taken. Slow and quick Vesting - valid permit, substantial investment, reliance on officials, good faith.

Home occupations: Are traditional and will increase with telecommunication. American attitude shows increasing displeasure with non-residential activity.

Congregate Facilities: Jargon for groups facilities or group homes. (ie disabilities, elderly, homeless, juveniles, half way, drug rehab, battered, religious)
American w/ Disabilities Act - certain classes of people are protected from regulation

Accessory Dwellings:

Question 24

Amortization

Answer 24

A reasonable time period can be established for each type of use.

The grandfather rights run with use until the amortization expires. Or when use is replaced with a conforming one.

Question 25

Adult Establishments

Answer 25

First method is to have one area of the city for activity to occur (ie specific district) Second method is to have separation requirements, certain distance from sensitive uses.

Question 26

Conditional Uses

Answer 26

Districts typically have lists of permitted and conditional uses. A conditional use is one that would be permitted except for special characteristics of the activity. Additional use permit is required.

Conditional Use Permit: In the normal mode the conditions must be met before the use can be established, or conditions are established at hearing time. An independent hearing is required. Some ordinances are based on CUPs.

Question 27

Variance

Answer 27

Authorization to depart or vary from strict terms of ordinance when specifically authorized to do so by regulators.

Use Variance - From permitted uses.

Area Variance - Physical characteristic of lot development standards.

Requirements:

1. Unique to surrounding property - (ex irregular lot)
2. Hardship - economic hardship where no viable use can be made of the property as zoned and configured. physical hardship resulting from unique configuration of land
3. No reduction in property value
4. Did not cause the need for variance (ex addition into the yard)
5. Not contrary to spirit of ordinance

Question 28

Annexation

Answer 28

Adds land into municipality, and services now provided by municipality. Initiated by property owner or the city.

Question 29

Disannexation

Answer 29

Majority of property owners in area may petition to be removed from city.