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My Flashcards > PLAN IMPLEMENTATION > Flashcards

PLAN IMPLEMENTATION Flashcards

1
Q

What is an ordinance

A

a municipal law

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2
Q

What is the Planning Board of Appeals/Board of Zoning Adjustment

A

a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff’s administration of the zoning ordinance.

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3
Q

Who does the Planning Commission make zoning recommendations to?

A

City Council

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4
Q

What two documents need to be drafted for a city to adopt zoning?

A

Zoning Text and Zoning Map

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5
Q

What zoning color is industrial uses typically

A

purple

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6
Q

what zoning color are institutional uses typically

A

blue

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7
Q

What are the two ways zoning can be changed?

A

Text amendment
Map amendment

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8
Q

What is Euclidean Zoning

A

Named after Euclid Ohio
Places most protective restrictions on Residential land uses, less on commercial, even less on industrial uses.

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9
Q

Cumulative Zoning

A

each successive zone allows the uses from the previous zones

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10
Q

Which type of zoning allows building single family house in ANY zoning district?

A

cumulative zoning

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11
Q

Modified cumulative zoning

A

zoning districts are cumulative BY LAND USE TYPE. I.e. all residential are cumulative, but you cant build a house in Commercial or industrial.

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12
Q

Two ways conditional use permits can run

A

with the land
with the ownership

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13
Q

a nonconforming use

A

a use that existed prior to the adoption of district regulations and is allowed to continue under the GRANDFATHER CLAUSE

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14
Q

What is a Planned Unit Development (PUD)

A

a unique zoning tool typically for LARGE DEVELOPMENTS that include a MIXED USES.

Entire development site plan is reviewed by the governing body

PUDs can allow for more innovative design and some flexibility.

In return for flexibility in design, developers offer increased community amenities and open space.

THE ZONING IS TIED TO THE SITE PLAN, ANY CHANGES TO IT REQUIRE AN AMENDMENT

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15
Q

In a planned unit development (PUD), what is the zoning tied to?

A

the zoning is tied to a site plan, any changes to it require an AMENDMENT.

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16
Q

what type of review is typically required for a property in a historic preservation overlay?

A

architectural review

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17
Q

what is a variance

A

a change in the terms of the zoning regulation DUE TO AN ECONOMIC OR PHYSICAL HARDSHIP

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18
Q

TWO types of variances

A

use variance
area variance

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19
Q

What is an area variance

A

An area variance allows a property to be excluded from the physical site requirements under the zoning ordinance. For example, an area variance would allow a property owner to build his or her house with only a 20-foot front setback instead of the required 25-foot setback.

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20
Q

what are the 4 requirements to issue a variance

A

There is a unique physical or economic hardship;
The variance will not result in a reduction in property values;
The property owner did not cause the need for the variance;
The variance is not contrary to the spirit of the zoning ordinance.

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21
Q

what is big box retail

A

50,000 SF or more

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22
Q

Parachute home

A

a home is dropped almost randomly into an area where it does not fit in with the community

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23
Q

What is a Teardown

A

is a term that refers to the demolition of a home for the purposes of building a larger home on the same lot. This type of development frequently occurs in large cities and in neighborhoods convenient to employment centers.

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24
Q

What is a progressive tax

A

The percentage of income paid in taxes increases as income rises. For example, the federal income tax system taxes those with high incomes a higher tax rate than those with low incomes;

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25
Q

what is a proportional tax

A

The tax rate is the same regardless of income. For example, a property tax rate is the same regardless of the price of your home. A person who owns a $50,000 home pays the same proportion as a person who owns a $250,000 home;

26
Q

What is a regressive tax

A

The percentage of income paid in taxes decreases as income rises. For example, if the amount of the tax is the same no matter your income, the percentage of your income you pay on the tax will go down as your income increases. That’s a regressive tax.

27
Q

if the amount of the tax is the same no matter your income, the percentage of your income you pay on the tax will go down as your income increases. What type of tax is this?

A

Regressive tax

28
Q

What is the CONSISTENCY DOCTRINE

A

The “consistency” doctrine is a legal requirement that your regulations or capital improvements comply
with the comprehensive plan.

29
Q

Which act gave birth to the CONSISTENCY DOCTRINE?

A

Standard State Zoning Enabling Act, 1924

30
Q

Consistency Doctrine - Unitary View

A

No separate written plan is required, the zoning regulations must provide a rational scheme for land use.

31
Q

Consistency Doctrine - Planning Factor

A

Authorizes or requires a separate written plan.

factor in judging the legality of zoning decisions.

DOES NOT REQUIRE CONSISTENCY, NOT REVIEWABLE IN COURTS

32
Q

Conformance-based evaluation

A

Conformance-based evaluation is more literal and sees planning as having the ability to control future development. Plans are viewed as blueprints, and the more outcomes (like land use patterns) conform with plans, the more successful the plan has been. One variation is to evaluate the achievement of goals like “improve access to parks”—access might be improved overall, but not in strict accordance with a land use plan.

33
Q

Plan conformance - Performance Based evaluation

A

Performance-based evaluation views plans as decision-making tools more in line with the incrementalism of Charles E. Lindblom. The achievement of end-state goals are not the main concern. Any result that is deemed desirable could be considered a success.

34
Q

Performance perspective evaluation

A

would consider utilization: did the plan prove useful for subsequent decision making

35
Q

Conformance perspective

A

the extent to which policies or implementation align with the recommendations made by the plan.

36
Q

What is a floating zone

A

in a zoning ordinance but not necessarily on the zoning map.

i.e. PUD

37
Q

performance zoning

A

regulate development by setting desired goals i.e. no negative impact on a watershed

tends NOT to include restricting specific uses on a property, but permits uses that meet a specific set of standards

38
Q

what is spot zoning

A

The process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to THE DETRIMENT OF OTHER OWNERS.

*the major deciding factor in determining spot zoning is if the rezoning is consistent with the comprehensive plan.

39
Q

what is Tax Incidence

A

which individuals bear the burden of a tax after the economy has adjusted to changes caused by the taxes

40
Q

The Laffer Curve

A

As you increase taxes, you reach a point where you collet the most taxes, then reduced demand will reduce tax revenue

41
Q

What is a Property tax also known as

A

Remainder Tax

42
Q

The Mill Rate

A

the tax rate for property taxes, a per 1000 ratio

43
Q

What is a business improvement district good for

A

taxes the district to clean it up, provide safety, etc.

44
Q

what are the three bond rating agencies

A

Moody’s
S&P
Fitch IBCA

45
Q

Community benefit agreement

A

Agreement between city and developer:
Local hiring requirements
job training programs
affordable housing requirements
provision of community facilities

46
Q

Payment in Lieu of Taxes PILOT

A

Voluntary payment made to a local govt. made by a TAX EXEMPT ENTITY. i.e college, church.

may be about 25% of what property taxes would be

47
Q

Fiscal Impact Analysis

A

How a project impacts the city’s pocket book:

city’s property tax rate, revenues etc

average cost of educating each child

average cost per square foot of constructing a public building

would not involve looking at historic trends in assessed valuation

48
Q

What are the two types of Tax increment financing?

A
  1. Credit Enhancement TIF
  2. Infrastructure TIF
49
Q

What is a Credit Enhancement TIF

A

Give developers a tax break to encourage development

50
Q

What is an Infrastructure TIF

A

Borrows bonds against forecasted incremental tax revenues.

51
Q

Capture rate

A

sometimes cities might not capture 100% of future tax increment, only borrow against 50% of future tax increments.

52
Q

What does zip code stand for

A

zone improvement plan code

53
Q

what is an analysis of the relationship between two variables called

A

regression analysis

54
Q

measures the degree to which two variables are related

A

coefficient of correlation

55
Q

What is a shift share analysis

A

technique that divides growth of any industry in a region into THREE COMPONENTS

  1. Growth attributed to overall economy
  2. growth attributed to growth in industry
  3. growth that cannot be explained by economy/industry growth.
56
Q

what is the total acreage of national forest land in U.S.

A

52 Million

57
Q

the industry classification system that replaced the U.S. Standard Industrial Classification System

A

North American Industry Classification System

58
Q

What is a Megalopolis

A

area with multiple cities with a combined population of more than 10 Million inhabitants

59
Q

What is the Indian Reorganization Act of 1934

A

aimed at decreasing federal control of American Indian affairs and increasing Indian self government and responsibility.

60
Q
A

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