Term
| what is interconnectedness? |
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Definition
| no such thing as a "simple decision" |
|
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Term
|
Definition
| a DECISION is really a "system" - everything is connected to everything else |
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Term
|
Definition
| central bussiness district |
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Term
|
Definition
| a legal deviation from one or more provisions of the zoning code when its strict application would result in a "hardship" for the property owner |
|
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Term
| what is non-conforming use? |
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Definition
| a use that existed before the area was annexed or rezoned is allowed to continue "known as grandfathering". However, if the use is abandoned or is destroyed in some manner, it cannot be rebuilt or resumed and the subsequent use must conform to the zoning now in place |
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Term
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Definition
| additional controls imposed on areas with unique qualities to help further those qualities (historic districts) or protect those qualities (wetlands) that do not apply elsewhere in the zone |
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Term
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Definition
| 4. CONDITIONAL USE PERMIT – A use, not one permitted by “right” in the zone which, because it may “support” the permitted uses in the zone, is allowed, subject to “special conditions” required to protect the permitted uses. |
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Term
|
Definition
5. SPOT ZONING – A change in zoning that results when a property owner exerts pressure, usually behind the scenes, to get her/his property zoned to a use that will make it more attractive/valuable to develop. A form of “special treatment” not granted to other
property owners, and therefore, not legal. |
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Term
|
Definition
| 6. BUILDING CODES – Regulations that set standards to be followed for all structures in terms of materials, dimensions, plumbing, and wiring…so that the building will have “integrity” and will not fall down, kill someone, or “flood” them with sewage. |
|
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Term
| what are covenants conditions and restrictions? |
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Definition
| 7. COVENANTS, CONDTIONS, AND RESTRICTIONS (CC and Rs) – A contract between the purchaser of a residential dwelling and the Homeowner’s Association of the residential subdivision of which the dwelling is a part. CC&Rs are voluntarily signed by the home purchaser and they give the details about such things as permitted housing colors, placement of TV antennas, location of trash containers, chimney heights, garage sizes, parking of vehicles, free-standing structures like basketball hoops, etc. These ARE NOT under the jurisdiction of the municipal government; violations are privately enforced. Example of CC & Rs |
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Term
| public capital investment |
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Definition
| 1. Public Capital Investment – defined as those facilities such as parks, libraries, city hall, fire stations, roads, etc., that occur on publicly-owned land. These influence the centrality and dispersal of private land use decisions…people want to live near to and use these facilities. An important point: In most communities, the LAND is PRIVATELY OWNED and the major share of investment in land development and structures comes from the PRIVATE SECTOR. Thus, where government chooses to put its “capital investments” greatly influences the private landowners’ decisions and hence, the character of the community that results. |
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Term
|
Definition
| Land Use Controls – takes the form of allowing some things and prohibiting others. This is done by local governments in the interests of protecting the “greater good” of all the citizens of the community…protecting their health, safety, and general welfare (invoking the police power). This may sometimes only be achieved by prohibiting a private property owner from doing exactly as he/she wishes to do with respect to the development or use of her/his land. |
|
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Term
| what is public capital investment? |
|
Definition
Public Capital Investment
Remember: “Accessibility” is the key determinant of the development potential of land. This, in turn, affects its VALUE.
Land Values largely determine the intensity of development. |
|
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Term
|
Definition
| Bid-rent Curve…it illustrates the concept of land values as one proceeded from the CBD of a community to the rural fringe of the community…and that as one proceeds from the center to the periphery, the cost of land decreases |
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Term
| financing capital expenditures - generally, communities utilize what two methods |
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Definition
General Operating Funds – those used for the day-to-day operation of the city – i.e., salaries, utilities, maintenance, etc. Not to be used for “big ticket” items.
b. Capital Expenditures – “big ticket” items that are identified in the capital improvements plan (CIP) and paid for out of the capital budget, paid for by the issuance of bonds.
-3-
* What is included in the CIP?
~ Identifies the sequence of needed expenditures – what projects will be in
the future
~ Provides a rough schedule of when and in what amounts of money
will be needed
~ Identifies how much $$$ will be involved in debt service (paying back the bonds)
~ Requires adoption by the City Council (legislative body) |
|
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Term
| what are general obligation bonds (GO)? |
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Definition
| 1. General Obligation (GO) Bonds – Issued under strict rules and limitations. Debt created by the issuance of these bonds may not exceed a certain percentage of the community’s property tax base. These bonds are used to build public facilities that will not generate any revenue (for example, a new city hall building). In some states, this has to be voted on by the community residents (a referendum) since it is the property owners of the community who incur this debt which is paid off from property taxes. |
|
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Term
|
Definition
2. Revenue Bonds – These are issued to build facilities that expected
to generate a dependable stream of money from their use (for example, a community swimming pool). Since these do not depend on property taxes, they do not have to be approved by a referendum. However, they are subject to a “rating” from a bond-rating agency such as Standard and Poor – who estimate the “reliability” of the revenues to pay off the bonds (the debt). |
|
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Term
| what is subdivision regulations & what does it compose of? |
|
Definition
. Subdivision Regulations – Control the manner in which blocks of land
over a certain size may be converted into building lots.
-4-
Contents:
• a plat (map) of the property
• the map must show lot lines, streets, utility easements
• improvements that must be made before the lots can be sold or building permits issued. Such items as:
1. linkages between subdivision streets and already existing streets outside the subdivision
2. standards for width, safety, quality of construction
3. sewer, water, and drainage facilities that meeting the community’s standards
4. land dedications (or payments in lieu of) for community facilities like schools, parks, senior facilities, etc.
5. design must comply with the comprehensive plan, zoning ordinance, etc. |
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Term
| what is a zoning ordinance? |
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Definition
. Zoning Ordinance – a professionally-prepared, LEGAL document
dividing the community into “zones” or areas wherein only certain types of land uses are allowed. The ordinance contains two parts: the text and a map. |
|
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Term
| what are the two types of zoning ordinance? |
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Definition
Contents of a typical Zoning Ordinance:
1. Site layout requirements – minimum lot size, minimum setbacks from the property line, maximum percentage of the site that may be covered by the building, parking requirements, buffering, signage, etc.
2. Requirements for structure characteristics – maximum height, number of floors, maximum floor area of the structure (F.A.R. – ratio of floor area to site area – See discussion and diagram below for how to calculate a F.A.R.)3. Uses to which the structure can be put – uses permitted by RIGHT (dictated by the zone) and uses permitted by a special permit
4. Procedural matters – how to be sure that the structure is in conformance with the zone’s requirements, how appeals can be made to the Zoning Board of Appeals/Board of Adjustment |
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Term
| what is f.a.r. and what is the ratio? |
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Definition
| the floor area ratio can be used in zoning to limit the amount of construction in a certain location. F.A.R. formula is gross floor area of the building/total area of the lot |
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Term
| what does it mean to look at zoning ordinances in detail? |
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Definition
• Districts – Discusses the types of uses
• Map – Shows locations of different zoning districts
• Text – Describes what can or cannot be done in the district |
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Term
| what makes zoning popular? 3 |
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Definition
1. Zoning costs nothing to achieve the community’s goals – no costs involved with regulating
2. Eminent domain requires purchase at fair market value – while generally free from litigation, it costs money
3. Contracts between governments and property owners also require direct payment (easement) or a deferment in property taxes (special tax treatment, such as CUVA). |
|
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Term
| what are the effectiveness of zoning? |
|
Definition
But is this tool effective in shaping land use?
^ Most effective in its application to raw land; but less effective when
an area needs to be redeveloped (existing zoning may no longer work or may even be obstructive).
^ Works best if it can be tied to other types of planning efforts: the
Comprehensive plan and the CIP.
^ One of the founding reasons for the adoption of zoning by so many
communities was in an effort to protect the value of property.
How is property tax determined? It is based on the use of the
property, which has a TAX RATE.
a. Value of the Property – based on land and improvements (buildings).
b. Value determined by the County Assessor – what the property would bring if sold but this is usually “tempered” by some sort of “fractional” method.
c. Let’s calculate a Tax Rate:
$3.00 for every $100 of assessed value: Assessed Value = $250,000
What is the amount of property taxes owed?
Formula: A.V. x $3.00 =
$100 ____?___ Taxes Owed |
|
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Term
| what is the mt. laurel cases? |
|
Definition
| In 1975, in what is perhaps the best-known of the exclusionary zoning cases, Southern Burlington County NAACP vs Township of Mt. Laurel, the New Jersey Supreme Court found that this township’s zoning ordinance acted to exclude whole classes of individuals (including the poor and minorities) by containing large minimum lot sizes and other “price-raising” restrictions. The township was required to prepare a new ordinance that remedied these defects. This spurred a group of cases known as Mt. Laurel II to more closely examine the exclusionary zoning practices of New Jersey communities. |
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Term
| what growth came out of mt. laurel cases |
|
Definition
The outgrowth of these cases:
* Assertion by the Court (and the passage of a law) that communities have
an OBLIGATION to provide housing opportunities for their low- and moderate-income residents.
* Rationale: If a community is part of a metropolitan region, it is also a part of the regional housing market. If it limits the amount of housing that is built within its borders, it tightens housing markets and drives up housing costs within the entire region. Therefore, any community that permits economic growth must create opportunities for affordable housing to meet its workforce’s needs.
* Required that communities “set aside” some of the development project for low- and middle-income housing. However, since the interest is in providing affordable housing within a region, a community could “sell” this obligation to another community.
-12-
* While these cases were heard only in the NJ State Supreme Court, not the US Supreme Court, other communities/states can use these judgments in cases involving similar circumstances (example of precedent). |
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Term
| what does it mean to making zoning more flexible? |
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Definition
Making Zoning More Flexible – In response to criticisms of zoning, a number of techniques have been developed:
1. Bonus or Incentive Zoning – The community allows increased residential densities if developers will include some units earmarked for low- and moderate-income tenants.
2. Transfer of Development Rights (TDR) – a complicated scheme wherein development is encouraged or concentrated in areas where it is wanted and restricted in areas where it is not. Landowners in restricted areas are “compensated” when developments in the growth area are proposed and they then “sell” their rights to those in the growth area. |
|
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Term
| what is inclusionary zoning? |
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Definition
| 3. Inclusionary Zoning – A requirement that states that if developers build more than a specified number of units, they must include a certain percentage of these for low- to moderate-income households or other type of households. This differs from incentive zoning in that it is REQUIRED |
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Term
| what is planned unit development (PUD)? |
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Definition
4. Planned Unit Development (PUD) – Also sometimes called PAD or Planned Area Development (same thing). Refers to a large piece of property (acreage defined by the ordinance) that is entirely planned according to a set of negotiated development standards that usually do not conform to the adopted zoning ordinance. May recognize different densities, different property configurations, and different uses.
(See Chandler Map above) |
|
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Term
|
Definition
| 5. Cluster Zoning – Takes the conventional number of units designated by the type of zoning and allows these to be built on smaller lots, thereby leaving much of the property in open space. Usually found in residential designs. |
|
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Term
| what is performance zoning? |
|
Definition
Performance Zoning – instead of looking at the generalized
use permitted in a zone, performance zoning looks at the “end
product”…will this development achieve the same goals as
conventional zoning? If so, then it is permitted. Example: a
“clean” industrial use might be located adjacent to a residential
development and employees residing there can walk to work. |
|
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Term
| what is development agreements? |
|
Definition
Development Agreements – These are like contracts
between the developer and the community in which what the
developer may do or is not permitted to do is spelled out.
This may not have been possible under the existing
conventional zoning permitted on the property. |
|
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Term
|
Definition
Exactions – These are “charges” or “fees” imposed by the
community on the developer to pay for the “costs” of
development or the impacts which the new development will
impose upon the community. Fees for water and sewer line
extensions, road improvements, open space provision,
schools, flood control, etc. are often collected by the
community. |
|
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Term
| what is site plan review? |
|
Definition
| 1. Site Plan Review – A responsibility of the community’s planning department to make sure that large developments adhere to the plans they say they are going to construct. This makes sure that the infrastructure, adequate parking, and buffering from other types of uses are included in the plan before it receives approval. For multifamily housing and commercial development proposals. |
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Term
| what is architectural review? |
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Definition
| 3. Architectural Review – Development plans are reviewed for “aesthetic” considerations. Some communities (like Santa Fe, NM) require all buildings, whether residential or commercial, to “fit” its theme of a pueblo style. A special, appointed committee oversees development proposals to be sure they conform. |
|
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Term
| what is historic preservation? |
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Definition
| 4. Historic Preservation – Many communities require that buildings to be constructed in an historic district conform, at least architecturally, with buildings already existing in the district. Any reconstruction or repairs must assist in keeping the historic appearance. |
|
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Term
| what are example of forces beyond local control? |
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Definition
Despite the great degree of control over private property available to communities, there are many land use decisions outside their control:
1. Decisions made by state highway departments
2. Economic development decisions emanating from state efforts
3. The construction of Federal facilities like regional land management agencies’ offices, penitentiaries
4. State level regulations to protect the environment |
|
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Term
| what is the legal basis of planning? |
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Definition
| Planning is an activity of government that will be discussed in this lecture. It involves the exercise of powers vested in the government and the expenditure of public funds. It is limited by the powers of government, among other things. In this lecture, we will discuss the legal framework and the legal limitations within which local and state governments act. The information presented in this chapter is at the very foundation of community planning. |
|
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Term
|
Definition
| Common Law – comes to us from our essentially English heritage. Common Law focuses on the concepts of nuisance and trespass or the idea that government must protect the health, safety, and welfare of citizens, a concept known as the Police Power. |
|
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Term
|
Definition
| Precedent – the rulings of courts that help interpret the meaning of “health, safety, and welfare”. The definitions of these terms is constantly being litigated. |
|
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Term
| what are the three constitutions are important due to the fact of eminent domain? |
|
Definition
|
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Term
| how does the 4th ammend affect e.d.? |
|
Definition
The Fourth Amendment guarantees “the right of the people
to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures.”
This means that the taking of private property buy a government
for a trivial or self-serving purpose (sell for more $$$) would
not be sustainable in court. |
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Term
| the fifth amendment e.d.? |
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Definition
| The Fifth Amendment – “…nor shall private property be taken for a public use without just compensation”. If private property needs to be acquired to construct public facilities or serve a public purpose, then it must be purchased. The owner of this property cannot refuse to comply with this request. In this instance, the government is said to “condemn” this private property. The owner receives a “condemnation award” – payment for the property equal to its fair market value. |
|
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Term
| how does the 14th amendment affect eminent domain? |
|
Definition
The Fourteenth Amendment says that no person shall be
deprived of “life, liberty, or property without due process of
law” – this means that the person whose property is condemned
has the right to a judicial hearing if a voluntary agreement
to sell the property cannot be reached. |
|
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Term
| what are the two types of property? |
|
Definition
Personal property – consists of chattels (movable objects)
owned by an individual; hence, not of interest to us in this
class.
b. Real property – consists of land, improvements such as
buildings; vegetation; subsurface minerals; depending on state law, sometimes water. |
|
|
Term
| what are the differences between personal and real property? |
|
Definition
Differences between Personal and Real Property:
* Taxed differently
* Bought and sold differently
* A Buyer of Real Property is not necessarily entitled to
Personal Property located thereon. |
|
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Term
|
Definition
• The red sticks - represent the duties of real property ownership that are necessary to enjoy the green sticks. These include:
* the duty to pay property taxes – “ad valorem” or “special
assessment”
* to refrain from creating a “nuisance” – (private) odors,
noise, lights; or (the public-at-large) smokestacks, topless
club/porno shop – externalities or spillovers
* to conform to applicable public laws/regulation (like
zoning, sanitary codes, etc.) |
|
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Term
|
Definition
• The green sticks - represent rights that an owner enjoys in making profitable or pleasurable use of her/his land. These include:
* the right to build on or above the land
* the right to till the soil and reap the benefits of its fertility
* to cut its timber
* to exploit its subsurface minerals
* and, in many states, to use its water resources |
|
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Term
|
Definition
| eminent domain – the taking of private property for a public purpose with just compensation given to the owner |
|
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Term
|
Definition
| escheat – if a property owner dies leaving no heirs and no will disposing of his/her property, then it reverts to state ownership. |
|
|
Term
| what is imposition of uncompensated "losses: on property owners? |
|
Definition
The most important concept of public “control” of private property is the
imposition of uncompensated “losses” on property owners. You can think of this “loss” as the reduced selling price which a property owner receives or reduced operating profits that result because he/she has been prevented from developing or using a piece of property the way he/she wants to due to public regulation. Example: Building Lot |
|
|
Term
| what is the police power? |
|
Definition
| Today, governments are able to “control” the use of private property through a variety of mechanisms that are based on the legal concept known as the police power. This term can be confusing but it means that governments (especially local governments) have the right to regulate the activities of private property owners in the interests of the public (the community). The purpose of the exercise of the police power is to protect the health, safety, and welfare of the community’s citizens from unsafe, unhealthy, or nuisance uses that a property owner may choose to undertake on her/his land without regard/caring about the effects of that use on others in the community. |
|
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Term
| what are the duties of the community under the concept of "police power"? |
|
Definition
| The duties of the community under the concept of the “police power” and the rights of the private property owner under Constitutional and other laws push in opposite directions. Exactly where the equilibrium point is located is a matter that is being refined continuously by the courts. The question of how much and for what purposes government can take some of the (potential) value of privately-owned property is generally referred to as the “taking issue” and is the subject of continuing debate by the courts. |
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Term
|
Definition
| 1. Trespass – the act of going on to another’s property without permission |
|
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Term
|
Definition
| 2. Nuisance – the act of interfering with another’s use or enjoyment of his/her property because of some activity with “spillovers” occurring on another’s property. |
|
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Term
|
Definition
| Over the years, many court cases have explored these restrictions and the body of decisions made by the courts about these issues form a concept known as legal precedent. When issues on these matters come to court, a lawyer looks at past cases that are similar and how the courts decided to treat these and this forms the basis from which the arguments by the plaintiff/defendant are made. |
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Term
mugler v. kansas 1887
what are the facts of the case? |
|
Definition
| Mugler set up a brewery with his own money , but the state of kansas said he did not comply with the zoning ordinance. Mugler said the state of kansas is infringing on his 14th amend. the Supreme court ruled in favor of Kansas, they are expressing their police power of controlling nuisance |
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Term
hadacheck v sebastian 1909
what are the facts of the case? |
|
Definition
| hadacheck built a brick making place in california. The state of California said that brick making goes against their ordinance and hadacheck was arrested. THe state of CA is expressing their police power. |
|
|
Term
| what is zoning? when using the concept of nuisance? |
|
Definition
| Zoning is giving permission or restriction to land use. Planners usually place residential areas near commercial areas. |
|
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Term
| what does it me to have or make a "exception"? |
|
Definition
| These are charges or fees the community puts on a developer to pay for the costs of development |
|
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Term
| when was the first zoning ordinance? |
|
Definition
|
|
Term
| who was the father of zoning? what are the contents: |
|
Definition
| Edward M. Bassett, He covered 5 boroughs, 3 use districts, 5 height districts, 5 ground coverage districts, Skyscrapper envelope |
|
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Term
village of euclid v ambler realty co. 1926
what are the facts of the case? |
|
Definition
| Amber reality wanted to buy and build homes in the village euclid, but not the style how the Village of euclid wanted. Supreme court said they have the right to the aesthetics part of their village and thusly it is a Police Power. |
|
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Term
penn central transportation co. v n.y.c. 1978
what are the facts of the case? |
|
Definition
| Penn central wanted to build trans, but it went against the NYC ordinance and NYC prevailed in using their Police Powers. |
|
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Term
|
Definition
| is a direct connection to what is regulated by the ordinance and what the landowner wants. |
|
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Term
nollan v california coastal commission
what are the facts of the case? |
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Definition
| Owners: Variance land for access. decision: No rational nexus- must purchase the land. |
|
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Term
lucas v south carolina coastal commission
what are the facts of the case? |
|
Definition
| owner: Beach front Property;SCCC: Subsequent law effectively prohibits development. Decision: Owner must be compensated |
|
|
Term
dolan v city of tigard
what are the facts of the case? |
|
Definition
| Owners: Enlarge parking lot; Must give dedication to pike path. decision: No rational nexus- must purchase land for bike path. |
|
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Term
palazzolo v rhode island 2001
what are the facts of the case? |
|
Definition
| owner: fill in wetland/use for housing; state:said no; Decision expectations had been filled and build |
|
|
Term
tahoe-sierra preservation council v tahoe regional planning agency, et al. 2002
what are the facts of the case? |
|
Definition
| owner: Prohibited from building for 32mo. decision they are not taking the land, but a temp. hold |
|
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Term
| what is the reason for zoning regulations' fiscal (monetary) impacts? |
|
Definition
| To monitor the community value |
|
|
Term
| what does it meant to be "creature of the state"? |
|
Definition
|
|
Term
| what is the model zoning enabling act of 1924? |
|
Definition
| a model for states and local gov. to create a defensible zoning ordinance. |
|
|
Term
| what is the model planning enabling act of 1926? |
|
Definition
| State is required to have low income housing for low income families. |
|
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Term
|
Definition
| Increased residential densities allowed if the developers include some units set aside for low or moderate income tenants . |
|
|
Term
| Transfer of Development Rights (TDR) |
|
Definition
| a concept that concentrates development in areas where it is wanted (receiving areas)and restricts it where it is not |
|
|
Term
|
Definition
| allows for a large property to be developed as a unit subject to a different set of development controls than those applied by conventional zoning on the property. |
|
|
Term
|
Definition
| developers must build a specified number of units of low or moderate income housing in a project. |
|
|
Term
|
Definition
| Review that looks at such elements of a development as internal circulation, adequacy of parking,buffering from adjacent uses and is required before before building permits can be granted. |
|
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Term
|
Definition
| Allows municipal gov. to enter into an agreements with a developer that by passes the existing zoning and specifies what the developer may do and/or is required to do. |
|
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Term
|
Definition
| A technique intended to free the site designer from the rigidity of conventional euclidean zoning. Houses are built on smaller lots providing open space for community use. |
|
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Term
|
Definition
| Building plans are reviewed for essentially aesthetic considerations. |
|
|
Term
|
Definition
| Charges that developer pays to offset the demands the new development will impose on the community. |
|
|
Term
|
Definition
| Type of zoning more concerned with the end result than giving detailed regulations on the exact form of the development. |
|
|
Term
| Forces behind urban growth |
|
Definition
| 1. Pop. growth 2. agriculture revolution 3. Job opportunities 4. low cost transportation |
|
|
Term
|
Definition
| it revolved around transportation and improvements on the CBD |
|
|
Term
|
Definition
| urban growth sees further development of the city into multiple nuclei |
|
|
Term
|
Definition
| the city is now one vast urban region made up of a core city with a host of dispersed suburban downtowns |
|
|
Term
|
Definition
| Concentric zones, the city develops in uniform zones in response to the prevailing modes of transportation streetcars or walking |
|
|
Term
|
Definition
| Rus en Urbe refers to park in the city |
|
|
Term
|
Definition
| NYC set standards for construction, contents of unit, arrangement on lot |
|
|
Term
| Important planning initiative in the 1930's |
|
Definition
Fed. funding for state and local planning efforts
2. low cost housing
3. Federal Housing Administration
4.City Realty Corp.
5. Highway planning
6. National Resources Planning Board
7. regional planning efforts |
|
|
Term
|
Definition
| revitalizing central cities to compete more effectively with suburbs for industry and people |
|
|
Term
| Why is planning political? |
|
Definition
1. emotional stake 2. Planning is visible 3. Planning functions are accessible
4. Citizen assume they know something about planning 5. Planning involves large financial subsistences 6. link between the property owner and property tax |
|
|
Term
|
Definition
| 1. planner are public servants 2. Planners are the builders of the community census 3. Planner are entrepreneur 4. Planners as advocate 5. planners as agent of radical change |
|
|
Term
|
Definition
| sought to halt inner city deterioration by tearing down units of substandard housing and replacing these with high rise apartments. |
|
|
Term
| 1981 Poletown v city of detroit |
|
Definition
| Poletown was demolished for a general motors factory by using eminent domain. |
|
|
Term
| County of wayne v hathcock |
|
Definition
| Supreme court ruling rejected the notion that a private entity's pursuit of profit was a public use for constitutional taking purposes simply because one entity's profit max. contributed to the health of the general economy |
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|
