1. INSTRUMENTS AND TOOLS OF LAND USE CONTROL
UPA Package 2, Module 4
INSTRUMENTS 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 tools
Zoning/Zoning ordinance
Site plan control (or subdivision regulation)
Building regulation
Development 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 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.

6. 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

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 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.
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 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

10. 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

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

12. 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”

13. 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

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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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.

21. 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

22. 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

23. 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

24. 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.

25. 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

26. 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

27. 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

28. 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) < ‘ to tame traffic
Cul-de-sacs < 500’ in length; 45’ radius

29. 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

30. 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

31. 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)

32. 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.

33. 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

34. 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