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Land Use
| Question | Answer |
|---|---|
| 1 acre = X sq ft | 43,560 sq ft |
| 1 Hectare = X sq meteres or x acres | 10,000 sq metersa or 2.471 acres |
| 1 mile = xxx feet | 5,280 ft |
| 1 km = xx meters = xxx feet | 1,000 meters = 3,281 feet |
| 1 sq ml = xxx acres | 640 acres |
| What is density in land use? | number of dwelling units per unit area, ex. 30 houses per acre |
| What is a zoning map based on? | future land use map (not existing) |
| What are traditional colors for land use? | purple-industry;yellow-low density housing;brown-high density housing;red-retail,comm;blue-inst.,public;green-rec., natural res.;gray-utilities |
| Is a city uses a on-map system how does the map function? | as both the master plan map & the regulatory zoning map |
| What is a land classification map? | divides a planning jurisdiction into diff classes of land & is more gen. than land use plan |
| What are typical classes on a land classification map? | residential, commercial, industrial, agricultural, forested, water, & wetland |
| What are soils maps? | Natural Resources conservation Service (NRCS) Soil Map - show diff soil types |
| What are soil maps used for? | useful for lcating high quality farmland & areas where septic systems may function prooperly |
| What do flood maps (FEMA) show? | boundaries of land that has at least 1% chance of flooding in any given yr & may show expected depth of flooding |
| Where was first zoning ord. and when? | NYC 1916 |
| what did the first zoning ord cover? | entire city & controlled land use, bldg. height, & setbacks |
| what was the fist zoning map based on? | premise that incompatible land uses should be separated |
| Who drafted the first zoning ordinance? | Edward Bassett |
| Where was the first urban growth boundary? when? | Lexington & Fayette County, KY 1958 |
| When was Regional Survey of New York and Its Environs published? | 1928 |
| How did the Survey of New York and Its Environs view land use? | func of accessibility |
| When was the Orageon Land Use Act adopted? | 1973 |
| What was the Oregaon Land Use Act? | created statewide planning system 7 required identification of urban growth boundaries separating urban from rural areas |
| What is a zoning ordinance? | legal device used to divide a community into separate districts and regulate land use activity and intensity of uses |
| What is typically included in a zoning ordinance? | definitions, general provisions, delineation of zoning districts, & administration and enforcement guidelines |
| What is typically encouraged by maximum density standards? | sprawling development |
| What is typically encouraged by minimum density standards? | promote more compact urban development |
| Where did Euclidean zoning come from? | Village of Euclid vs Ambler Realty Co |
| What is Euclidean zoning? | typical approach to regulating land use; specifies exactly what uses will be allowed in each district and at what level of intensity |
| Are mixed uses allowed in Euclidean zoning? | no |
| What type of development does this promote? | sprawling patterns |
| Alfred Bettman | 1925 -Cinncy Comp Plan, 1st city to adopt comp plan; 1926-sucessfully defended zoning in Euclid v Ambler Realy; 1st pres of American Society of Planning Officials |
| What is cumulative zoning? | older approach to regulating land use |
| What is the cumulative zoning approach? | hierarchical approach in which less intensive usees such as residences are allowed in areas of more intensive use such as commercial districts |
| What is noncumulative zoning? | allows only stated use & not more restrictive (less intensive) uses |
| What is form-based zoning? | supports mixed-use neighborhoods with a range of housing types |
| What is regulated in form-based zoning? | size, form, appearance, & placement of bldg & parking rather than the use of land & density of development |
| What is transect zoning? | describes development as a continuum of 6 zones from rural to urban districts |
| transect zoning standards | different 3-D standards for hierarchy of uses from rural to urban |
| What is performance zoning? | focuses on intensity of development that is acceptable & its impact on the environment |
| What does performance zoning evaluate? | does no deal with the use of a parcel but with how development impacts the surrounding area |
| Are zoning ordinacne and subdivision regulations both excercise of police power? | Yes |
| What are subdivsion regulations? | used to divide land into 2 or more parcels & regulate the lcoation & design of supporting infrastructure |
| What is typically included in subdivision regulations? | standards for design & layout of lots, streets, utilities, roads |
| What is rezoning? | change from one zoning classification to another |
| What is upzoning? | term may be used to mean rezoning in which higher density development is allowed |
| What are the 2 meanings of downzoning? | 1.rezoning that decrease the intensity 2. moving down the old fashioned cumulative zoning heirarchy, such as moving from single family to multifamilywhich inc intensity of dev. |
| What are otehr names for conditional use? | exception or special use |
| What are conditional uses? | land uses no permitted as of right but permitted due to unusual issues of scale, setback requirements, or potential safety concerns |
| What is required before approval of conditional uses? | subject to review & often require public hearing before approval |
| What options does this give the governmental authority? | flexibility in issuing permits to account for speial conditions |
| What is a Conditional Use Permit? | states that the use must comply with specific conditions or standards |
| What is a Variance? | mechanism whose denial would cause a hardship associated with the parcel, not with personal circumstances of owner of parcel |
| What are area and bulk variances? | deal with departures from yard and height requirements in zoning ordinance |
| What are use variances? | used to permit uses not authorized by zoning ordinance |
| What is ETJ? | Extraterritorial Jurisdication, Authority granted by some states to municipalties to impose zoning and subdivision regulatioins beyond its boundaries |
| What is the purpose of ETJ? | to ensure development beyond the boundaries is compatible with development permitted by the municipality |
| What is growth management? | linking land use and transportation |
| What is generally assumed as part of growth management? | 1.households & businesses prefer more central locations when transportation costs are high 2.decentralization takes place when transporation costs decrease 3.location decisions involve trade-offs among amentities, site costs, & transportation costs |
| What is UGB? | Urban Growth Boundary; line separating rural & urban |
| What is the purpose of UGB? | contains growth within certain areas & to maintain rural lands outsidee of boundary |
| How far does public infrastructure go? | not beyond UGB |
| How does Oregon determine UGB? | should be enough land w/i boundary to support development over the next 20 years |
| What is APFO? | Adequate Public Facilities Ordinance or concurrency Regulations |
| What does APFO synchronize? | development with availiblity of public facilities needed to support that development |
| What is TDR? | Transfer of Development Rights |
| What is the process of TDR? | developers in urban receiving areas purchase rights to develop land in a rural area, called a sending area, & use these rights to increase the density of development in an urban area |
| Who permits a TDR program? | municipality's zoning ordinance |
| What are the economic factors that must be considered as part of a TDR? | ensure thsat there will be market for the more intense development in a receiving area |
| What is PDR? | Purchase of Development Rights |
| What occurs under a PDR program? | an agency buys a private landowners right to develop property |
| What is a floating zone? | defines a use that a community intends to encourage but does not assign it to any particular parcel of land |
| What governs the development of a floating zone parcel? | use, dimensions, & other provisions |
| What is an overlay zone? | to lay a special zone on top of existing zoning to apply additional requirements to that area |
| What are some examples of an overlay zone? | somtimes put in place to ensusre compatibility of new development with existing structures in historic districts or to protect environmentally sensitive areas |
| What is cluster zoning? | allows bldg to be built at higher density in one area of a parcel to protect open space elsewhere on the parcel, but does not increase the overall number of residential units permitted on teh parcel |
| What is a PUD? | Planned Unit Development, large-scale, mixed-use developments or high density residential developments |
| What is allowed under a PUD? | flexibility in the siting of buildings & the implementation of development standards |
| What are PUDs used for? | to improve site design, provide amenities such as open space by allowing for cluster zoning, & in some cases used to increase density |
| What is the quota system? | slows growth to allow time for impacts of new growth; ex: communities limit number or types of building permits that can be issued in a year |
| What are some examples of quota systems? | subdivision phasing & permit caps |
| Where are quota systems typically enacted? | communities experiencing rapid growth |
| What is a moratorium? | temporary halt or placing of severe restrictions on specified development activites |
| What is an example of a moratorium? | If a community suspends development until a new comp plan is prepared or water or sewer facilities are expanded |
| What is an annexation? | process by which unincorporated county land is incorporated into an existing district or municipality |
| What are exactions? | cost levied on developers as a condition for receiving permission to develop in a community; ex: developer requried to contribute land, facilities, or funding |
| What should an exaction reflect? | costs that a development is projected to impose on a community; must further a legitimate public interest |
| Where are exactions typically seen? | communities with strong growth pressure |
| What is an impact fee? | 1. type of exaction that is directly related to impact of new development 2.typically used to fund capital facilities 3.typically collected from developers when bldg permits are issued |
| What is an easement? | used to secure a portion of rights associated w/ a parcel |
| What is an example of an easement? | conservation easement may mean ownership remians w/ a private owner but the owner no longer has the right to develop the parcel |
| What is right of way? | right granted by a property owner to anotehr person or agency to build, maintain, & use a road, pathway, or utility line across the owner's property |
| Who is responsible for review of development proposals & approval of permit applications for projects? | community planner |
| Who is responsible for the development process? | private sector generally |
| What is the beginning of the development process? | market feasibility study and site selection |
| What is a market feasibility study? | evaluates demand for particular types of development as well as potential costs of a development project & the potential for profit given market conditions |
| What is considered in site selection? | environmental, floodplain, or wetland constraints; accessibility to transportation & utility systems; & stnd for st., open space, lot size, & parking |
| What is a permit? | document issued by proper governmental authority authorizing the applicant to undertake specified activities |
| How is the permitting process streamlined? | having regulatory information, permit applications, & personnel to answer questions in a single location; providing clear, objective standards for assessing a permit application, & setting deadlines for local government review |
| What is a TOD? | Transit Oriented Development, typically high density, pedestrian friendly development near transit stops centered around transit stops |
| What have studies shown about TODs? | studies show that transit ridership increase when both residential & commercial uses are within walking distance of transit stops |
| What is a homogenous neighborhood? | area zoned for a single use & single type of building |
| What is mixed-use neighborhood? | includes various types of hosuing such as condos, aprtments, & detached homesas well as a mix of offices, retail stores, hotel rooms, & conference centers |
| What is leapfrog development? | type of sprawl where newer development is not contiguous with pre-existing development but occurs some distance from it |
| What is a brownfield? | site that is not used or is underused due to real or perceived environmental contamination |
| What is greenfield? | development on a site that has never been used or is underused due to real or perceived environmental contamination, a cost aassociated with this type of developmetn is provisions for urban facilites |
| What is a grayfield? | development on a vacant urban or suburban site that was formerly developed & is now obsolete; ex: strip mall |
| What is infill? | development of parcels of land in otherwise built up area |
| What is a benefit of infill development? | infrastructure already exists for that area although capacity may need to be increased |
| What is LULU? | Locally Undesirable land use, necessary but objectionable land use such as hazardous waste facility, incinerator, or landfill |
| Why are their environmental justice issues with this type of land use? | often it is built in low income or minority neighborhoods |
| What is a taking in 5th Amendment? | prohibits the gov't from taking private prop. for public use w/o paying just compensation to the prop. owner |
| What is a taking in the 14th Amendment? | taking of private property w/o due process of law |
| What are examples of cases where propert owners claim gov't entity took property from them by enforcing regs? | moratoria, zoning, & growth management |
| What is eminant domain? | right of gov't to acquire private prop. from an unwilling seller for public use |
| Why is property owner compensated for land? | 5th Amendment mandates it, must be compensated fairly |
| What is sometime involved in eminent domain cases? | condemnation of deteriorated property |
| What are some cases where freeedom of speech has been questioned due to a regulation? | cases about signage & adult uses |
| What is ripeness doctrine? | claim is ready for judicial review only after a property owner has sought all possible relief through variance or condemnation procedures |
| What established ripeness doctrine? | partly the 1985 Williamson County REgional Planning Commission v Hamilton Bank decision of US Supreme Court |
| Land Ordinance of 1785 | provided for rectangular land survey of NW Territory; land divided into townships of 6 sq. miles ea.; 1st stnd. for subdivision of land |
| Standard State Zoning Enabling Act | 1924,1926 confirmed states authority to delegate police power to municipalities to enact local zoning ordinances |
| Standard City Planning Enabling Act | 1928 outlined powers of municipal planning commissions & required the adoption of a master plan by local governing bodies; provided for establishment of regional planning commission & regional plans |
| Indian Reorganization Act or Wheller Howard Act | 1934 enacted to conserve & develop Indian lands & resources, extended rt. to form businesses & other orgs, granted certain rts. of home rule, & provided for vocational education |
| Housing Act | 1949 Established the basis for urban renewal |
| Housing Act 1954 | Established Section 701 planning grants to local gov't |
| Demonstration Cities and Metropolitan Development Act | 1966 Centerpiece of Great Society Program, created Model Cities program which addressed urban blight & poverty by focusing on community participation rather than top-down planning in neighborhood revitalization efforts |
| National Flood Insurance Act | 1968 made flood insurance available to home and business owners |
| How does the National Flodd Insurance Program (NFIP) limit extent of possible damage due to flooding? | NFIP requires homes in designated floodplain to be elevated & businesses in flood hazard locations to be elevated or flood-proofed |
| National Environmental Policy Act | 1969 NEPA established broad national framework for environmental protection |
| What is required under NEPA? | requires an environmental impact statement (EIS) for every federal or federally funded state or local action that has potential to significantly harm the environment |
| What is acknowledged as being important under NEPA? | an open & public decision-making process in environmental decisions |
| Robert Stafford Disaster RElief and Emergency Assistance Act | 1988 required 25% state & local match for federal funds for disaster relief; requires each state to appoint a State Hazard Mitigation Officer (SHMO) |
| What is emphasized by the Disaster and Emergency Assistance Act? | importance of mitigating the potential effects of a natural hazard |
| Empowerment Zones/Enterprise Zones | 1994 Federal funds were made available to a limited number of distressed urban areas in order to make those areas more competitive with more prosperous usually suburban areas |
| What incentives were used to jump start new investments under the EMpowerment Zones/Enterprise Zones? | propery tax reductions, sales tax reductions, wage tax credits, & low-interest financing were utilized to jumpstart new investments |
| Religious Land Use and Institutional Persons Act | 2000 (RLUIPA) "No gov't shall impose or implement a LU regulation in a manner that imposes a substantial burden on the religious ex. of a person, including a religous assmbly or inst., unless the gov't demonstrates that imposition of the burden on person |
| Disaster Mitigation Act | 2000 reinforces importance of planning to mitigate the potential effects of a natural disaster |
| What is required under the disaster mitigation act? | state & local gov't must prepare plans that identify potential natural hazards, analyze likely consequences & assess the risk, compare various risks, & id mitigation strategies; plans may address human-induced hazards |
| What part of hazard mitigation is like comp planning? | gathering & analyzing data, & setting goals & selecting actions that will help community achieve its goals |
| Who must review & approve hazard mitigation plan? | a federal agency to establish eligibility to receive certain grant funds |
| Who guides post-disaster recovery plans? | NOT guided by federal legislation |
| Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change | 2002 published by APA to update the Standard State Zoning Enabling Act, the Standard City Planning Enabling Act, & Model Land Development Code |
| Ernest Burgess | Proposed in 1925 that urban areas grew outward as a series of concentric rings (Concentric Ring Theory) |
| Homer Hoyt | Proposed in 1939 the idea that urban areas developed by sectors; sectors form along communication & transportation routes (Sector Theory) |
| Harris & Ullman | They proposed in 1945 that urban areas grow by the progressive integration of a number of seperate nuclei, which become specialized & differentiated (Multiple Nuclei Theory) |
| Alonso | In 1960, William Alonso proposed that the cost of land, the intensity of development of land, the concentration of the population, & the number of places of employment each decline as distance from the Central Business District (CBD) inc (Bid Rent Theory) |
| John Logan & Harvey Molotch | Proposed in 1987 that urban development is actually directed by those elite members of the community who control the resources and have business & political interests that benefit from the development |
| Smart Growth | seeks to address the prob. caused by low-density residential dev. such as threatened farmland & open space, inc public service costs, disinvestments in central cities, serious traffic congestion, & degradation of the environement |
| Reuse of existing bldg | planners seek new uses for existing bldg such as dev of old ind bldg into an apt bldg |
| What is "adaptive reuse"? | adopting old structures for new purposes while retaining some of the original architecture details |
| Discretionary approvals | process where a gov't agency can use its judgement in deciding whether & how to carry out or approve a project |
| What is the purpose of discretionary approval? | to allow for citizen-based public evaluation of project quality & to ensure the ability of the city to approve, conditionally approve, or deny a project |
| Are there more men or women in teh workforce? | women |
| What is necessary to sustain the population growth in the US? | securing adequate supplies of clean water is becoming increasingly important as the population of the US continues to grow, especially where water is limited |
| What is included in planning for social and health services? | estimating the need for libraries, schools, medical facilities, grocery stores, playgrounds, senior living facilities, etc. |
| What is addressed by socail & health services? | sidewalks, parks, & safe locations for recreation b/c its assoc w/ health benefits |
| Provisions that lead to more active lifestyles are what type of planning? | Social & Health for ex: compact walkable neighborhoods |
| What is the goal of the Healthy Cities movement? | improving health and quality of life |
| What are the characteristics of a healthy city? | clean, safe physical environment; stable & sustainable ecosystem; high degree of public participation; mtg basic needs for food, water, shelter, & work; vital economy; & optimal level of health care |
| How do natural hazards become natural disasters? | interact with humans or built environment |
| What are the 4 components to types of planning realted to natural disasters? | 1.mitigation planning 2.preparation planing 3.response planning 4.recovery planning |
| mitigation planning | know what a community will do to minimize damage should a hazard event occur sometime in the future |
| preparation planning | know how the community will prepare for an imminent hazard event |
| response planning | know how the community will respond in the immediate aftermath of a hazard event |
| recovery planning | know how the community will respond in teh weeks & months following a hazard event |
| What are the major steps of mitigation planning? | 1.id locations most at rick 2.degree to which pop. is exposed & potential effects 3.id mitigation strategies to reduce negative impacts of likely hazards |
| Examples of mitigation strategies | 1.siting guidelines that prohibit bldg in vulenrable loc 2.design guidelines to ensure that structures are able to with stand expected wind vel 3.relocation of ex. struc. away from haz prone loc. along w/plans to use haz prone areas for public open sp. |
| Mitigation strategies for human induced hazards | mod. of ecterior site features, such as raised terraces, reinforced walls, planters, trees, fences, & bollards |
| Mitigation for Earthquakes | good bldg construction to minimize earthquake risks by min. opportunities for callapse, falling obj., & debris |
| "t-value" | tolerable soil loss that, if exceeded, would adversely affect the productivity of the soil |
| Soil loss on US farmland per yr | 4 to 5 tons per acre per year |
| Erosion Mitigation measures | min. amt. of land disturbed, preserving vegetation or re-planting as soon as possible, mulching, using swales |
| Do artificial dunes or seawalls lead to increased erosion? | Yes for shorelines studies foudn this to be true |
| Flood mitigation measures | elevating structures, construction techniques that allow floddwatera to pass through structures rather than push them over & relocating structures to higher ground |
| Hurricanes & Coastal Storms mitigation | evacuation plans b/c they are ususally predicted before making landfall, hurricane resistant bldg codes, requirements for set-back of bldg away from coast & area of storm surge on land w/ vegetation |
| Landslide Mitigation Measures | ord req a geologic review to eval stab of hillside before approv bldg perm;requires dev. to obtain grading permits; allow cluster dev. to avoid steep slopes;reduce int. of dev. thru reg. est. max. density, max. lot coverage, min parcel size or min s/bck |
| Sinkholes & Subsidence Mitigation measures | require min. setback & avoid development where sinkhole or subsidence is likely |
| Wildfire mitigation measures | requiring structural modifications such as fire-resistant materials, removing vegetation near structures to create a buffer, planting fire-resistant plants |
| wildland-urban interface | intersection of the built & wild environments is often |
| What is mitigation plannings focus? | reducing the likelihood of a natural hazard resulting in loss |
Created by:
tmneal