MREP UNIT 20 Land-Use Control Flashcards
(35 cards)
Government-owned land
Government-owned land is used for national parks and forests, military bases, federal office buildings, schools, museums, state parks, government buildings, and municipal parks and buildings, as well as streets, highways, and bridges.
The police power of government
The police power of government is the source of its authority to create regula- tions needed to protect the public health, safety, and welfare
enabling acts
Through enabling acts, states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws.
The comprehensive plan
The comprehensive plan, also known as a master plan, is not a regulatory document, but a guide that tries to anticipate changing needs.
The comprehensive plan
The comprehensive plan usually is long term, perhaps 20 years or longer, and often includes (a) a general plan that can be revised and updated more fre- quently, (b) plans for specific areas, and (c) strategic plans
Systematic planning
Systematic planning for orderly growth usually considers the following elements:
■■ Land use—determining how much land may be proposed for residence, industry, business, agriculture, traffic and transit facilities, utilities, com- munity facilities, parks and recreational facilities, floodplains, and areas of special hazards
■■ Housing needs of present and anticipated residents, including rehabilitation of declining neighborhoods, as well as new residential developments
■■ Movement of people and goods, including highways and public transit, park- ing facilities, and pedestrian and bikeway systems
■■ Community facilities and utilities such as schools, libraries, hospitals, rec- reational facilities, fire and police stations, water resources, sewerage, waste treatment and disposal, storm drainage, and flood management
■■ Energy conservation to reduce energy consumption and promote the use of renewable energy sources
city council
The plan typi- cally is drafted by a planning commission and approved by the city council or other governing body following a period for public comment at hearings held for that purpose.
Zoning ordinances
Zoning ordinances implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts, in part by sepa- rating conflicting land uses
setbacks
setbacks (the minimum distance from property boundaries that structures may be built
density
density (the ratio of land area to structure area)
planned unit developmen
A planned unit development (PUD) is a development where land is set aside for mixed-use purposes, such as residential, commercial, and public areas.
buffer zones
buffer zones to ease the transition from one use to another. A buffer zone is typically a strip of land separating land dedicated to one use from land dedicated to another use.
bulk zoning
bulk zoning to control density and avoid overcrowding by imposing restric- tions such as setbacks, building heights, and percentage of open area or by restricting new construction projects;
aesthetic zoning
aesthetic zoning to specify certain types of architecture for new buildings
incentive zoning
incentive zoning to ensure that certain uses are incorporated into develop- ments, such as requiring the street floor of an office building to house retail establishments
Commonly applied tests in deter- mining the validity of ordinances
Commonly applied tests in deter- mining the validity of ordinances require that
■■ power be exercised in a reasonable manner;
■■ provisions be clear and specific;
■■ ordinances be nondiscriminatory;
■■ ordinances promote the public health, safety, and general welfare under the
government’s police power; and
■■ ordinances apply to all property in a similar manner.
zoning permit
Compliance with zoning can be monitored by requiring that a property owner obtain a permit before beginning any development. A permit will not be issued unless the proposed development conforms to the permitted zoning, among other requirements.
A zoning permit
A zoning permit is usually required before a building permit will be issued.
nonconforming use
Frequently, a lot or an improvement does not conform to the zoning use because it existed before the enactment or amendment of the zoning ordinance. Such a nonconforming use may be allowed to continue legally as long as it complies with the regulations governing nonconformities in the local ordinance, until the improvement is destroyed or torn down, or until the current use is abandoned.
nonconforming use
If the nonconforming use is allowed to continue indefinitely, it is considered to be grandfathered into the new zoning
zoning hearing board
Most communities have a zoning hearing board (or zoning board of appeal) to hear testimony about the effects a zoning ordinance may have on specific parcels of property. A petition for an exception to the zoning law may be presented to the appeals board, as described next.
conditional-use permit or a variance
a property owner may want to use the property in a way that differs to some degree from what the zoning would allow. Generally, the property owner in such a situation may request either a conditional-use permit or a variance to allow a use that does not meet current zoning requirements.
A conditional-use permit
A conditional-use permit (also known as a special-use permit) is usually granted to a property owner to allow a special use of property that is defined as an allow- able conditional use within that zone, such as a house of worship or daycare cen- ter in a residential district. For a conditional-use permit to be appropriate, the intended use must meet certain standards set by the municipality.
A variance
A variance will provide relief if a zoning regulation deprives an owner of the reasonable use of the property. To qualify for a variance, the owner must demon- strate the unique circumstances that make the variance necessary. In addition, the owner must prove that the regulation has caused harm or created a burden. A variance might also be sought to provide relief if an existing zoning regulation cre- ates a physical hardship for the development of a specific property.
