PLAN IMPLEMENTATION, PART II Flashcards
Subdivision Regulations (Start of land development process)
Description of land
Easements
Subdivisions
Exactions
Describing Property
Originally was Metes and Bounds (use of landmarks) however these move and change.
Federal Township Range System (then)
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.
Land Number Conversion
640 acres = square mile
5280 feet = 1 mile
43560 sq ft = 1 acre
Township Numbering
Sections number beginning in NE corner ascending to the left then snaking down and to the right
Plats (now)
Subdivisions are now plats. Legal description based on plats.
Property is a bundle of Rights (not just surficial estate)
Air Rights Development Rights Oil & Gas Rights Mineral Rights Riparian Rights Easement Rights Profit Rights
Deed Restrictions
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.
Restrictive Covenants or Deed Restrictions
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
Problem with deed restrictions
Government will not enforce private regulations.
City regulations precedence over private
when more restrictive.
Enforcement is civil lawsuits.
Easements
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)
Subdivision Review Process
Make plan Staff review Submit preliminary plat Review plan Public hearing Final Plan Review plat Public hearing Approval and recording
Recording a Plat
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.
Performance Bond
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.
Dedication
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)
Exaction
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.
Types of Zoning
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
Zoning Districts
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
Form Based Zoning
Form based districts
Form based codes
Smart code
Special Districts
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
Planned Unit Developments
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.
Performance Zoning
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.
Specific Provisions
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:
Amortization
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.
Adult Establishments
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.
Conditional Uses
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.
Variance
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:
- Unique to surrounding property - (ex irregular lot)
- 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
- No reduction in property value
- Did not cause the need for variance (ex addition into the yard)
- Not contrary to spirit of ordinance
Annexation
Adds land into municipality, and services now provided by municipality. Initiated by property owner or the city.
Disannexation
Majority of property owners in area may petition to be removed from city.
