INSTRUMENTS AND TOOLS OF LAND USE CONTROL UPA Package 2, Module 4 INSTRUMENTS AND TOOLS OF LAND USE CONTROL

Categorization of Instruments of Land Use Control ‘National policy and perspectives’ instruments ‘Strategic’ instruments ‘Framework’ instruments ‘Regulation’ instruments

Common Tools of Land Use Control Planning tools Zoning/Zoning ordinance Site plan control (or subdivision regulation) Building regulation Development control (or development permit) Supplementary control

Planning Tools Comprehensive plan Master/General plan Strategic plan Structure plan

Planning Tools A Case of Land Use Planning On the Strategic Level Oregon's Land Use Planning Program The adoption of the state-wide planning program in 1973 was a significant achievement for the State of Oregon. It emphasizes both Conservation and Development The program is “top down” and “bottom up” -- prescribing planning and zoning requirements, while cities and counties carry them out with local needs in mind. Local planning commissions, city councils and county commissions are the recommending and adopting bodies.

Planning Tools Oregon Revised Statutes (ORS) Statewide Planning Goals Oregon Admin. Rules (OARs) Comprehensive Plans Local Ordinances Local Land Use Decisions Oregon's Land Use Planning Program

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).

Comprehensive Land Use Plans Planning Tools Comprehensive Land Use Plans Goals/Rules/Laws Local comprehensive land use plans are judged against 19 planning goals and related administrative rules and judicial decisions. ----19 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

Planning Tools Goal 1: Citizen involvement Goal 2: Land use planning Goal 3: Agricultural lands Goal 4: Forest lands Goal 5: Open spaces, scenic and historic areas, and natural resources Goal 6: Air, water and land resources quality Goal 7: Areas subject to natural disasters and hazards Goal 8: Recreational needs Goal 9: Economic development Goal 10: Housing Goal 11: Public facilities and services Goal 12: Transportation Goal 13: Energy conservation Goal 14: Urbanization (urban growth boundaries) Goal 15: Willamette River greenway Goal 16: Protection of Estuarine resources Goal 17: Protection of Coastal shorelands Goal 18: Protection of Beaches and dunes Goal 19: Protection of Ocean resources

Planning Tools Implementation Implementation of the 19 goals occurs through: Discussions, negotiations and dispute resolution Technical assistance and training grants Commission enforcement actions Appeals to local planning actions to LCDC, the Land Use Board of Appeals Appeals to the courts

Planning Tools Two Key Goals Urban Growth Boundaries Sustainable Transport Urban Growth Boundaries (UGBs)

Overview of Zoning Ordinances Planning Tools Overview of Zoning Ordinances Uses of Zoning Popularity Effectiveness in shaping land use Limitation (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”

Trends in Zoning Tools/Applications Planning Tools Trends in Zoning Tools/Applications Increasing efforts are done in different counties to make local land use control more flexible and negotiable

Flexibility : Rezoning Planning Tools Flexibility : Rezoning Rezoning impacts: (business to residential) neighbors have to agree e.g. Shorefront property -- rezoned

Flexibility : Variances Planning Tools Flexibility : Variances Variances Gives landowner an exception to break some zoning rules in a zone. Use variances Variance from standards Ostensibly for “hardship” exemption Exceptional circumstances Use may not interfere with public welfare or injure adjoining property Won't affect master plan adversely Profit motive not considered

Variances and Planning Planning Tools Variances and Planning Variances are often used as a development tool, to get around established policies Variances circumvent government decision making process and vests quasi-judicial powers in planning body because it is construed as administrative and not policy Insidious way of shielding policy decision from public input and debate; it is really a disguised zoning change without the legislative approval

Flexibility: Non-conforming Zones Planning Tools Flexibility: Non-conforming Zones Non-conforming zones -- cabinet shop, apartments, day care No alterations allowed (increase size, change in use, etc.) Billboards -- amortization of properties to recover financial investment -- mixed feelings by courts

Flexibility: Exclusionary Zoning Planning Tools Flexibility: Exclusionary Zoning Exclusionary 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

Flexibility: Exclusionary Zoning Planning Tools Flexibility: Exclusionary Zoning Exclusionary zoning Large lot requirements Minimum house size requirements No multiple dwellings No mobile homes High in-lieu exactions of subdivisions

Flexibility: Inclusionary Zoning Planning Tools Flexibility: Inclusionary Zoning Inclusionary 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.

Flexibility: Inclusionary Zoning Planning Tools Flexibility: Inclusionary Zoning Inclusionary zoning Benefit ----the potential to be a significant generator of affordable housing units ----win-win situation for developers, community members and the government Downsides ----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

Flexibility: Incentive Zoning (Bonus Zoning) Planning Tools Flexibility: 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

Planning Tools Other Flexible Zoning Tools Contract zoning -- conditional use permits Cities concerned about requiring things courts will ultimately throw out Planned unit development (PUD) allows precise plan with all phases of zoning interchanged if deemed desirable. Usually used in large developments Open space tradeoffs Overall density remains the same, but open space is traded for higher specific density Mandatory Dedication Impact Fees Innovative Land-use Control Methods Planned unit development Performance zoning Incentive zoning Transfer of development rights Other Flexible Zoning Tools

Site plan control/Subdivision regulations Planning Tools Site plan control/Subdivision regulations Site 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.

Subdividions/Parcele Maps Planning Tools Subdividions/Parcele Maps Must be consistent w/ General Plan and Zoning Density & Lot Type Street widths, driveway cuts & circulation patterns (connections) Conditions of Approval (Nexus) Parcel Map is 4 or fewer lots

Infrastructure Finance Planning Tools Infrastructure Finance Pre-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 Fees Dedications of land or fee in-lieu

Subdivisions: Environmental Issues Planning Tools Subdivisions: Environmental Issues Natural Hazards & Environmentally sensitive areas (flood, hillsides, wetlands, plant / animal habitat) Stormwater quality management (NPDES-SWPPP) - use of detention basins / swales Noise Caused by project (industrial) External Noise Affects Project

Subdivisions - Street Layout Planning Tools Subdivisions - Street Layout Streets comprise 10-30% of land area Streets contain public utilities Arterials: high volumes at high speeds, but offer limited access - results in back-on lots, pedestrian-hostile Local Streets intersections (conflict points) < 500 - 1000 ‘ to tame traffic Cul-de-sacs < 500’ in length; 45’ radius

Subdivisions - Lot Dimensions Planning Tools Subdivisions - Lot Dimensions Single Family min 52’ x 100’ + 10’ corner Wide lots require > frontage improvements Narrow lots more efficient for transit Pie-shaped lots (on cul-de-sacs) have premium value, but use land less efficiently Flag lots have minimal street presence

Subdivisions - Commercial Planning Tools Subdivisions - Commercial Divisibility for financing purposes Requires reciprocal access, drainage, and utility easements Usually requires reciprocal parking Often requires “no build easements” to satisfy Uniform Building Code (fire rating) Common landscaping parcels

Planning Tools Subdivisions - Types Master Tentative Map (merchant lots) Parcel Tentative Map (< 5 lots) Subdivision Tentative Map Final Map (Acceptance of improvements or performance bond to construct later) Boundary Line Adjustment (Minimal discretion)

Planning Tools Building Regulations Objective: secure socially accepted minimum standards Disadvantage : effective enforcement can be a complex and expensive process, often resulting in the regulations being administered only in relatively wealthy urban settings.

Development Plan Control/Review Planning Tools Development Plan Control/Review Similar to a conditional use permit except that type of land use is not at issue Conditions may include Intensity (# Church seats, # square feet) Landscaping & Parking & Circulation Building Design / Positioning on site Hours of operation

Planning Tools Supplementary Tools Wetland protection Water resource protection Erosion and sedimentation control Environmental controls/review Junk Yard Regulations Control of Mining Moratoria …… Official Map Sign Control Historic preservation Architectural design control Scenic resource protection Open space preservation Protection of agricultural land Floodplain management