Section 3 Unit 1 Flashcards
Goals of land use control
Over time, public and private control of land use has come to focus on certain core purposes. These are:
preservation of property values
promotion of the highest and best use of property
balance between individual property rights and the public good, i.e., its health, safety and welfare
control of growth to remain within infrastructure capabilities
incorporation of community consensus into regulatory and planning activities
The optimum management of real property usage must take into account both the interests of the individual and the interests of the surrounding community.
While maintaining the value of an individual estate is important, the owner of an estate must realize that unregulated use and development can jeopardize the value not only of the owner’s estate but of neighboring properties. Similarly, the community must keep in mind the effect of government actions on individual property values, since local government is largely supported by taxes based on the value of property.
While the Constitution guarantees the right of individual ownership of real estate:
it does not guarantee the uncontrolled sale, use, and development of real estate. As American history demonstrates, unregulated use of real estate has significant potential for eventual damage to property values as well as to the environment. Moreover, with the explosive urban growth in this century, it has become clear that regulation of land use is necessary to preserve the interests, safety, and welfare of the community.
Without a central authority to exert control, land use tends to be chaotic. For example, rapid growth can outpace the support capabilities of basic municipal services such as sewers, power, water, schools, roads and communications. On an aesthetic level, communities need controls to keep certain commercial and industrial land uses away from residential areas to avoid the undermining of property values by pollution, noise, and traffic congestion.
A community achieves its land usage goals through a three-phase process, as the exhibit illustrates:
development of a master plan for the jurisdiction
administration of the plan by a municipal, county, or regional planning commission
implementation of the plan through public control of zoning, building codes, permits, and other measures
Municipal, county, and regional authorities develop comprehensive land use plans for a particular community with the input of property owners. A planning commission manages the master plan and enforces it by exercising its power to establish zones, control building permits, and create building codes.
In addition to public land use planning and control, some private entities, such as subdivision associations, can impose additional standards of land use on owners within the private entity’s legal jurisdiction. Private controls are primarily implemented by deed restrictions.
The master plan
Public land use planning incorporates long-term usage strategies and growth policies in a land use plan, or master plan. In many states, the process of land use planning begins when the state legislature enacts laws requiring all counties and municipalities to adopt a land use plan. The land use plan must not only reflect the needs of the local area, but also conform to state and federal environmental laws and the plans of regional and state planning agencies. The state enforces its planning mandates by giving state agencies the power to approve county and local plans.
The master plan therefore fuses state and regional land use laws with local land use objectives that correspond to the municipality’s social and economic conditions. The completed plan becomes the overall guideline for creating and enforcing zones, building codes, and development requirements.
Planning objectives
The primary objectives of a master plan are generally to control and accommodate social and economic growth.
Amount of growth. A master plan sets specific guidelines on how much growth the jurisdiction will allow. While all communities desire a certain degree of growth, too much growth can overwhelm services and infrastructure.
To formulate a growth strategy, a plan initially forecasts growth trends, then estimates how well the municipality can keep pace with the growth forecast. The outcome is a policy position that limits building permits and development projects to desired growth parameters.
A growth plan considers:
nature, location and extent of permitted uses
availability of sanitation facilities
adequacy of drainage, waste collection, and potable water systems
adequacy of utilities companies
adequacy and patterns of thoroughfares
housing availability
conservation of natural resources
adequacy of recreational facilities
ability and willingness of the community to absorb new taxes, bond issues, and assessments
Growth patterns. In addition to the quantity of growth, a master plan also defines what type of growth will occur, and where. Major considerations are:
the type of enterprises and developments to allow
residential density and commercial intensity
effects of industrial and commercial land uses on residential and public sectors, i.e., where to allow such uses
effect of new developments on traffic patterns and thoroughfares
effects on the environment and environmental quality (air, water, soil, noise, visual aspects)
effect on natural resources that support the community
code specifications for specific construction projects
Accommodating demand. As the master plan sets forth guidelines for how much growth will be allowed, it must also make plans for accommodating expanding or contracting demand for services and infrastructure. The plan must identify:
facilities requirements for local government
new construction requirements for streets, schools, and social services facilities such as libraries, civic centers, etc.
new construction required to provide power, water and sewer services
Plan development
In response to land use objectives, community attitudes, and conclusions drawn from research, the planning personnel formulate their plan. In the course of planning, they analyze
population and demographic trends economic trends existing land use existing support facilities traffic patterns
Planning management
Public land use management takes place within county and municipal planning departments. These departments are responsible for:
long-term implementation of the master plan
creating rules and restrictions that support plans and policies
enforcing and administering land use regulation on an everyday basis
The planning commission.
In most jurisdictions, a planning commission or board comprised of officials appointed by the government’s legislative entity handles the planning function.
The commission oversees the operations of the department’s professional planning staff and support personnel. In addition, the commission makes recommendations to elected officials concerning land use policy and policy administration.
The planning commission is responsible for:
approving site plans and subdivision plans
approving building permits
ruling on zoning issues
At the state level, the legislature enacts laws that control and restrict land use, particularly from the environmental perspective.
At the local level, county and city governments control land use through the authority known as police power. The most common expressions of police power are county and municipal zoning.
Other examples of public land use control are:
subdivision regulations building codes eminent domain environmental restrictions development requirements
Governments also have the right to own real property for public use and welfare. In exercising its ownership rights, a municipality may annex property adjacent to its existing property or purchase other tracts of land through conventional transfers.
Where necessary, it may force property owners to sell their property through the power of eminent domain.
Zoning
Zoning is the primary tool by which cities and counties regulate land use and implement their respective master plans. The Constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through legislation called enabling acts.
The zoning ordinance.
The vehicle for zoning a city or county is the zoning ordinance, a regulation enacted by the local government. The intent of zoning ordinances is to specify land usage for every parcel within the jurisdiction. In some areas, state laws permit zoning ordinances to apply to areas immediately beyond the legal boundaries of the city or county.
Zoning ordinances implement the master plan by regulating density, land use intensity, aesthetics, and highest and best use. Ordinances typically address:
the nature of land use—office, commercial, residential, etc.
size and configuration of a building site, including setbacks, sidewalk requirements, parking requirements, and access
site development procedures
construction and design methods and materials, including height restrictions, building-to-site area ratios, and architectural styles
use of space within the building
signage
Ordinance validity.
Local planners do not have unlimited authority to do whatever they want. Their zoning ordinances must be clear in import, apply to all parties equally, and promote health, safety, and welfare of the community in a reasonable manner.
Building permits.
Local governments enforce zoning ordinances by issuing building permits to those who want to improve, repair, or refurbish a property. To receive a permit, the project must comply with all relevant ordinances and codes. Further zoning enforcement is achieved through periodic inspections.
Types of zones.
One of the primary applications of zoning power is the separation of residential properties from commercial and industrial uses. Proper design of land use in this manner preserves the aesthetics and value of neighborhoods and promotes the success of commercial enterprises through intelligently located zones.
Six common types of zone are
residential commercial industrial agricultural public planned unit development (PUD)
Residential.
Residential zoning restricts land use to private, non-commercial dwellings. Sub-zones in this category further stipulate the types of residences allowed, whether single-family, multi-unit complexes, condominiums, publicly subsidized housing, or other form of housing.
Residential zoning regulates:
density, by limiting the number and size of dwelling units and lots in an area
values and aesthetics, by limiting the type of residences allowed. Some areas adopt buffer zones to separate residential areas from commercial and industrial zones.
Commercial.
Commercial zoning regulates the location of office and retail land usage. Some commercial zones allow combinations of office and retail uses on a single site. Sub-zones in this category may limit the type of retail or office activity permitted, for example, a department store versus a strip center.
Commercial zoning regulates:
intensity of usage, by limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions.
Industrial zoning regulates:
intensity of usage
type of industrial activity
environmental consequences
A municipality may not allow some industrial zones, such as heavy industrial, at all. The industrial park is a relatively recent concept in industrial zoning.
Agricultural.
Agricultural zoning restricts land use to farming, ranching, and other agricultural enterprises.
Public.
Public zoning restricts land use to public services and recreation. Parks, post offices, government buildings, schools, and libraries are examples of uses allowed in a public zone.
Planned Unit Development (PUD).
Planned unit development zoning restricts use to development of whole tracts that are designed to use space efficiently and maximize open space. A PUD zone may be for residential, commercial, or industrial uses, or combinations thereof.
Zoning Board of Adjustment.
A county or local board, usually called the zoning board of adjustment or zoning appeals board, administers zoning ordinances. The board rules on interpretations of zoning ordinances as they apply to specific land use cases presented by property owners in the jurisdiction. In effect, the zoning board is a court of appeals for owners and developers who desire to use land in a manner that is not entirely consistent with existing ordinances.
The board conducts hearings of specific cases and renders official decisions regarding the land use based on evidence presented.
A zoning board generally deals with such issues and appeals as:
nonconforming use variance special exception or conditional use permit zoning amendment
If the board rejects an appeal, the party may appeal the ruling further in a court of law.
Nonconforming use.
A nonconforming use is one that clearly differs from current zoning. Usually, nonconforming uses result when a zoning change leaves existing properties in violation of the new ordinance. This type of nonconforming use is a legal nonconforming use. A board usually treats this kind of situation by allowing it to continue either
indefinitely
until the structures are torn down
only while the same use continues, or
until the property is sold
For instance, a motel is situated in a residential area that no longer allows commercial activity. The zoning board rules that the motel may continue to operate until it is sold, destroyed or used for any other commercial purpose.
An illegal nonconforming use is:
one that conflicts with ordinances that were in place before the use commenced. For instance, if the motel in the previous example is sold, and the new owner continues to operate the property as a motel, the motel is now an illegal, nonconforming use.
Variance.
A zoning variance allows a use that differs from the applicable ordinance for a variety of justifiable reasons, including that:
compliance will cause unreasonable hardship
the use will not change the essential character of the area
the use does not conflict with the general intent of the ordinance
For example, an owner mistakenly violates a setback requirement by two feet. His house is already constructed, and complying with the full setback now would be extremely expensive, if not impossible. The zoning board grants a variance on the grounds that compliance would cause an unreasonable hardship.
A grant of a zoning variance may be unconditional, or it may require conditions to be fulfilled, such as removing the violation after a certain time.
Special exception.
A special exception grant authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone.
A possible example is an old house in a residential zone adjacent to a retail zone. The zoning board might grant a special exception to a local group that proposes to renovate the house and convert it to a local museum, which is a retail use, since the community stands to benefit from the museum.
