Unit 1 Chapter 13 Flashcards
A community achieves its land usage goals through a three-phase process:
develop plan; create administration; and authorize controls.
Planning objectives
- Control growth rates: how much growth will occur and at what rate
- Control growth patterns: type of growth desired, where it should be located
- Accommodate demand for services and infrastructure
Plan development
involves researching trends and conditions; blending local and state objectives into a master plan.
The planning commission is responsible for:
- approving site plans and subdivision plans
- approving building permits
- ruling on zoning issues
Zoning
refers to a “police power” granted by state-level enabling acts.
Zoning ordinance
creates zones, usage restrictions, regulations, and requirements.
Six common types of zone include
residential, commercial, industrial, agricultural, public, and PUD.
The Zoning Board of Adjustment oversees
rule administration and appeals. The most common issues and appeals address nonconforming use - legal if use prior to zone creation, variance - exception based on hardship,
special exception - based on public interest, and amendment - change of zones.
Private Land Use Control:
• Deed restriction- single-property use restriction as stipulated in a deed; may not be discriminatory.
• Deed condition- usage restriction that can trigger repossession by a previous owner if violated.
• Declaration restriction- usage restriction in multiple-property declarations; enforced by court injunction.
• Restrictive covenants- promises by those who purchase property in the subdivision to limit the use of
their property.
Environmental Controls:
• Areas of concern include air, soil, water quality, ambient health hazards, and natural hazards.
• Major legislation limits damage to environment, as well as standards for air, land, water, and materials
use.
• Responsibilities & liabilities- disclosure and information for practitioners; remediation for owners.