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35 Cards in this Set

  • Front
  • Back
the unaccounted effects that a land use imposes on surrounding parcels.
-Can be positive or negative
-Spillover effects of land use for which initiator is not held accountable
-Positive: are beneficial effects on property value from exceptional vistas, nearby parks and recreation facilities, quality neighborhood schools.
-Negative: excessive smoke, congestion, debris, noise, and excessive storm runoff
externalties
 Examples of monopolies that affect local land use
transportation, water, and sewer system
is a pervasive form of externality in urban life
-It occurs when an individual uses any system (such as roads) near capacity and slows the performance of the entire system for all users
Congestion
as development taking place in rural areas well beyond the urban fringe
urban sprawl
is a general guide to a community’s future growth and development
-It involves projecting a community’s future population growth; its requirements for water and other natural resources; its physical characteristics; its need for public services; and it need for various type of land use
comprehensive planning
1. Establish urban service area
2. Establish extraterritorial jurisdiction
Techniques to manage growth and development
an area delineated around a community within which the local government plans to provide public services and facilities and beyond which urban development is discouraged or prohibited
1. Establish urban service area
control by a community of an area larger then the community or jurisdiction for planning and zoning purposes, granted by the state legislature, which allows local governments to plan and control urban development outside their boundaries until annexation can occur.
Establish extraterritorial jurisdiction
Planning concept similar to new urbanism, and also emphasizing “compact” urban development
smart growth
School of planning thought that seeks to revive residential neighborhood features of the preautomobile era, including sidewalks; houses with front porches located close to streets; narrow, grid pattern streets; and supporting nonresidential services interspersed within neighborhoods
new urbanism
Strongly advocates replacement of the car with walking, bikes, and mass transportation.
new urbanism
• Separated uses
• Automobile oriented-priority placed on easy ingress and egress
• Uniform density
• Cul-de-sac hierarchy in neighborhoods
traditional planning
• Mixed use
• Public transportation
• Pedestrian oriented- sidewalks, houses close to street, rear alleys, grid streets with restricted traffic flow
new urban planning
• Older then zoning
• Issues of safety:
-Fire: materials, alarms, electrical and gas systems
-Sanitation: plumbing, water, and HVAC requirements
-Injury: Design and strength
-Effect of hurricane Andrew
-New technology
-Changing perception of needs
building codes
1. A land use classification list: residential, commercial, industrial, multi-family and automotive.
2. A map showing the zoning classification
3. Minimum front, rear and side setback requirements from the boundaries of a lot
4. Building bulk limits including size, height, footprint, and placement on the lot
5. Minimum lot dimensions (depth and width)
6. Provision for special use districts
7. A zoning board or commission appointed to oversee the administration of the ordinance and to make recommendations regarding rezoning requests or changes in the ordinance
8. A zoning board of adjustments appointed to review hardship cases
zoning elements
A land use inconsistent with current zoning classification, but which is permitted to remain because it predated the current zoning. To be allowed to remain, the use must be uninterrupted, and the property structures cannot be substantially improved.
non conforming uses
a permitted deviation for a particular property from the applicable zoning requirements. To be granted only when the zoning ordinance imposes undue hardship to the property owner.
variance
1. The owner must show true hardship in terms of inability to use the lot as zoned
2. The condition must be unique to the lot and not a condition common to other parcels in the vicinity
3. The variance must not materially change the character of the neighborhood
variance conditions that must be met
zoning that tends to exclude lower-income groups and is prohibited
• Exclusionary zoning
roadways become the property and responsibility of the local government to maintain
dedicated
1. Will the new zoning be compatible with the comprehensive plan?
2. Should the comprehensive plan be modified?
3. What effect will the new zoning have on surrounding land uses and on the larger community?
the planning and zoning commission, and staff review this criteria
In a local zoning law, a board of citizens, appointed by governing body, to hear and make determinations on appeals foe zoning variances. The board of adjustment is somewhat unique in that its determinations are final rather than merely recommendations to the governing body. They can be appealed only in court.
board of adjustment
A development project, often involving a mixture of land uses and densities not permitted by normal zoning. It is allowed because the entire development is viewed as an integrated whole
planned unit development
an approach to land use control that address concerns for urban systems such as traffic, watershed, green space, air quality or other aspects of the environment through limits to detrimental activities.
-Runoff limits
-Noise and emission limits
-Traffic limits
-Tree removal restrictions
performance standard
A fee charged by a community and paid by a developer that is commensurate with the externalities created by a development. Intended to cover the development’s impact on such things as roads, sewer systems, schools, and police and fire protection
-Favorite of economists (in principle)
-Despised by many in the building community
impact fee
a temporary prohibition of further development in a community of jurisdiction.
-US supreme courts refuses to review Petaluma, Ca, and limit on the number of new housing units
• Growth moratorium:
The legal procedure involved with eminent domain,
• Condemnation:
In eminent domain , requirement of actual use by the condemning agency to justify condemnation.
public use
In eminent domain cases, expansion by courts of the public use concept, no longer requiring actual physical use by the condemning agency to take property
public purpose
Action, initialed by a property owner against the government, to recover the loss in property value attributed to government activity.
• Inverse condemnation
under precedents of US supreme court, the degree of land regulation that is considered to constitute effective taking of the property. If this degree of regulation is reached, the government must compensate the property owner for loss of value.
• Regulatory taking
Property taxes that are based on the market value of the property
• Ad valorem taxes
properties against which local jurisdictions may not levy taxes, usually including churches, public schools, and government property.
tax exempt properties
Property taxes levied to finance special improvements to benefit adjacent property owners
special assessments
units used to state the amount of property tax assessment; the number of dollars per $1,000. 20 mills means $20 per each $1,000
mills