Presentation on theme: "INSTRUMENTS AND TOOLS OF LAND USE CONTROL"— Presentation transcript:
1 INSTRUMENTS AND TOOLS OF LAND USE CONTROL UPA Package 2, Module 4INSTRUMENTS AND TOOLS OF LAND USE CONTROL
2 Categorization of Instruments of Land Use Control ‘National policy and perspectives’ instruments‘Strategic’ instruments‘Framework’ instruments‘Regulation’ instruments
3 Common Tools of Land Use Control Planning toolsZoning/Zoning ordinanceSite plan control (or subdivision regulation)Building regulationDevelopment control (or development permit)Supplementary control
4 Planning Tools Comprehensive plan Master/General plan Strategic plan Structure plan
5 Planning Tools A Case of Land Use Planning On the Strategic Level Oregon's Land Use Planning ProgramThe adoption of the state-wide planning program in 1973 was a significant achievement for the State of Oregon.It emphasizes both Conservation and DevelopmentThe program is “top down” and “bottom up” --prescribing planning and zoning requirements, whilecities and counties carry them out with local needs inmind.Local planning commissions, city councils and county commissions are the recommending and adopting bodies.
6 Planning Tools Oregon Revised Statutes (ORS) Statewide Planning Goals Oregon Admin. Rules (OARs)Comprehensive PlansLocal OrdinancesLocal Land Use DecisionsOregon's Land Use Planning Program
7 Planning Tools Comprehensive Land Use Plans State law requires cities and counties to plan their communities comprehensively.Comprehensive land use plans and plan amendments for cities, counties and regional government are periodically reviewed by the Department of Land Conservation and Development (DLCD).
8 Comprehensive Land Use Plans Planning ToolsComprehensive Land Use PlansGoals/Rules/LawsLocal comprehensive land use plans are judged against 19 planning goals and related administrative rules and judicial decisions.goals adopted as state rules, express fundamental state policies on land use and related topics----Goals apply both statewide and regionally----Local comprehensive plans and ordinances must be consistent with applicable goals
9 Planning Tools Goal 1: Citizen involvement Goal 2: Land use planning Goal 3: Agricultural landsGoal 4: Forest landsGoal 5: Open spaces, scenic and historic areas, and natural resourcesGoal 6: Air, water and land resources qualityGoal 7: Areas subject to natural disasters and hazardsGoal 8: Recreational needsGoal 9: Economic developmentGoal 10: HousingGoal 11: Public facilities and servicesGoal 12: TransportationGoal 13: Energy conservationGoal 14: Urbanization (urban growth boundaries)Goal 15: Willamette River greenwayGoal 16: Protection of Estuarine resourcesGoal 17: Protection of Coastal shorelandsGoal 18: Protection of Beaches and dunesGoal 19: Protection of Ocean resources
10 Planning Tools Implementation Implementation of the 19 goals occurs through:Discussions, negotiations and dispute resolutionTechnical assistance and training grantsCommission enforcement actionsAppeals to local planning actions to LCDC, the Land Use Board of AppealsAppeals to the courts
12 Overview of Zoning Ordinances Planning ToolsOverview of Zoning OrdinancesUses of ZoningPopularityEffectiveness in shaping land useLimitation(1) Can guide growth, but not necessarily encourage investment(2) Must be sensitive to changing economic and social conditions(3) Potential issues of discrimination and inequity concerning “exclusionary zoning” and “fiscal zoning”
13 Trends in Zoning Tools/Applications Planning ToolsTrends in Zoning Tools/ApplicationsIncreasing efforts are done in different counties to make local land use control more flexible and negotiable
14 Flexibility : Rezoning Planning ToolsFlexibility : RezoningRezoning impacts: (business to residential) neighbors have to agreee.g. Shorefront property -- rezoned
15 Flexibility : Variances Planning ToolsFlexibility : VariancesVariancesGives landowner an exception to break some zoning rules in a zone.Use variancesVariance from standardsOstensibly for “hardship” exemptionExceptional circumstancesUse may not interfere with public welfare or injure adjoining propertyWon't affect master plan adverselyProfit motive not considered
16 Variances and Planning Planning ToolsVariances and PlanningVariances are often used as a development tool, to get around established policiesVariances circumvent government decision making process and vests quasi-judicial powers in planning body because it is construed as administrative and not policyInsidious way of shielding policy decision from public input and debate; it is really a disguised zoning change without the legislative approval
17 Flexibility: Non-conforming Zones Planning ToolsFlexibility: Non-conforming ZonesNon-conforming zones -- cabinet shop, apartments, day careNo alterations allowed (increase size, change in use, etc.)Billboards -- amortization of properties to recover financial investment -- mixed feelings by courts
18 Flexibility: Exclusionary Zoning Planning ToolsFlexibility: Exclusionary ZoningExclusionary zoning----a way of eliminating unwanted uses, such as industrial mills, chemical refineries----used as a validation to keep unwanted commercial and industrial uses from affluent individuals and neighborhoods----racial and economic prejudices are major reasons
19 Flexibility: Exclusionary Zoning Planning ToolsFlexibility: Exclusionary ZoningExclusionary zoningLarge lot requirementsMinimum house size requirementsNo multiple dwellingsNo mobile homesHigh in-lieu exactions of subdivisions
20 Flexibility: Inclusionary Zoning Planning ToolsFlexibility: Inclusionary ZoningInclusionary zoning (e.g. density bonuses)low----a mechanism to generate affordable housing----either require or offer incentives to housing developers to set aside a portion of the units they build as affordable.
21 Flexibility: Inclusionary Zoning Planning ToolsFlexibility: Inclusionary ZoningInclusionary zoningBenefit----the potential to be a significant generator of affordable housing units----win-win situation for developers, community members and the governmentDownsides----should not be constrained by rent and income limits and instead should generate the profits allowed by the open market----lead to the creation of bulky, ugly buildings that do not fit into the existing neighborhood fabric----simply not effective
22 Flexibility: Incentive Zoning (Bonus Zoning) Planning ToolsFlexibility: Incentive Zoning (Bonus Zoning)Incentive zoning----be very effective in encouraging desired types of development in targeted locations---- providing economic incentives for development that otherwise may not occur---- a method for a municipality to obtain needed public benefits or amenities in certain zoning districts
23 Planning Tools Other Flexible Zoning Tools Contract zoning -- conditional use permitsCities concerned about requiring things courts will ultimately throw outPlanned unit development (PUD)allows precise plan with all phases of zoning interchanged if deemed desirable.Usually used in large developmentsOpen space tradeoffsOverall density remains the same, but open space is traded for higher specific densityMandatory DedicationImpact FeesInnovative Land-use Control MethodsPlanned unit developmentPerformance zoningIncentive zoningTransfer of development rightsOther Flexible Zoning Tools
24 Site plan control/Subdivision regulations Planning ToolsSite plan control/Subdivision regulationsSite plan controls / subdivision regulations, provides rules for determining the way that land is to be subdivided and how it is to be prepared.Site plan or subdivision control has both a substantive and a procedural component.
25 Subdividions/Parcele Maps Planning ToolsSubdividions/Parcele MapsMust be consistent w/ General Plan and ZoningDensity & Lot TypeStreet widths, driveway cuts & circulation patterns (connections)Conditions of Approval (Nexus)Parcel Map is 4 or fewer lots
26 Infrastructure Finance Planning ToolsInfrastructure FinancePre-Proposition 13: General Obligation Bonds used for financing roads, sewer, water treatment, etc.Adequate Public Facilities (Schools/Roads)Today (Nexus-based proportionate share):User fees (portion of utility bill);Development Impact FeesDedications of land or fee in-lieu
27 Subdivisions: Environmental Issues Planning ToolsSubdivisions: Environmental IssuesNatural Hazards & Environmentally sensitive areas (flood, hillsides, wetlands, plant / animal habitat)Stormwater quality management (NPDES-SWPPP) - use of detention basins / swalesNoise Caused by project (industrial)External Noise Affects Project
28 Subdivisions - Street Layout Planning ToolsSubdivisions - Street LayoutStreets comprise 10-30% of land areaStreets contain public utilitiesArterials: high volumes at high speeds, but offer limited access - results in back-on lots, pedestrian-hostileLocal Streets intersections (conflict points) < ‘ to tame trafficCul-de-sacs < 500’ in length; 45’ radius
29 Subdivisions - Lot Dimensions Planning ToolsSubdivisions - Lot DimensionsSingle Family min 52’ x 100’ + 10’ cornerWide lots require > frontage improvementsNarrow lots more efficient for transitPie-shaped lots (on cul-de-sacs) have premium value, but use land less efficientlyFlag lots have minimal street presence
30 Subdivisions - Commercial Planning ToolsSubdivisions - CommercialDivisibility for financing purposesRequires reciprocal access, drainage, and utility easementsUsually requires reciprocal parkingOften requires “no build easements” to satisfy Uniform Building Code (fire rating)Common landscaping parcels
31 Planning Tools Subdivisions - Types Master Tentative Map (merchant lots)Parcel Tentative Map (< 5 lots)Subdivision Tentative MapFinal Map (Acceptance of improvements or performance bond to construct later)Boundary Line Adjustment (Minimal discretion)
32 Planning Tools Building Regulations Objective: secure socially accepted minimum standardsDisadvantage :effective enforcement can be a complex and expensive process, often resulting in the regulations being administered only in relatively wealthy urban settings.
33 Development Plan Control/Review Planning ToolsDevelopment Plan Control/ReviewSimilar to a conditional use permit except that type of land use is not at issueConditions may includeIntensity (# Church seats, # square feet)Landscaping & Parking & CirculationBuilding Design / Positioning on siteHours of operation
34 Planning Tools Supplementary Tools Wetland protection Water resource protectionErosion and sedimentation controlEnvironmental controls/reviewJunk Yard RegulationsControl of MiningMoratoria……Official MapSign ControlHistoric preservationArchitectural design controlScenic resource protectionOpen space preservationProtection of agricultural landFloodplain management