What are the elements of the Comprehensive Plan?
- Physically covers an entire community or municipality
- long term (10-20 yrs)
- a guide for development
- may be adopted by local resolution or ordinance
What is the goals of Comprehensive Planning?
to promote the health, safety, and public welfare of the community
What are the five phases to the Comprehensive Planning process?
- Research Phase (data gathering and forecasting)
- Clarification of goals and objectives
- Plan Formulation
- Plan Implementation
- Review and Revision
What are some of the aspects considered in the Research Phase of Comprehensive Planning?
- population forecast
- Land Use Inventory
- Sociological/historical studies
- electronic mapping
- traffic flow
- infrastructure studies
- soil studies/evaluation
- fiscal studies
What needs to be done during Plan Formulation of the Comprehensive Planning process?
- Establish goals
- Gain public support
- Provide facts and lay out options
- Synthesize data/ public forum results
- Present a SWOT analysis
What is zoning seen as?
- Seen as an instrument to provide security against unwanted development and legal challenge
- Role of state/substates of government to make market forces more efficient – to facilitate the production of market info
- A legitimate exercise of police powers
What are police powers? Who is it derived from?
The inherent power of a sovereign government to legislate for the health, general welfare and safety of the community; derived by the state constitution
What was the first comprehensive zoning ordinance?
1916 New York Zoning Ordiance
What were some cons of the 1916 NY Z.O?
- Lacked a planning component
- Did not provide for future needs
- Early concern with zoning districts
What were the specifics of the 1916 NY Z.O?
- City divided into three districts: Residential, Commercial, Mixed
- Included five different height districts (Expressed in multiples of street widths)
- Included five overlay districts (Specified ground coverage requirements)
What are some benefits of the 1924 Standard State Zoning Enabling Act?
- Instrumental in ushering in a new era of federal responsibility
- Gave states/cities a model for creating Z.O.
- Positioned govt as the cooperative state that engaged in the scientific study of facts, collection of data, the estblshment of clearinghouses and the standardization of industrial parts and plans
- Provided a procedural process to state and local govts and a defensible framework for hard to define limits of police power
What are the eight sections of the SSZEA?
- Grant of Power
- Conformity w/ the comprehensive plan
- Public hearing mandate
- Process for amendments/public protests
- Creation of zoning commissions on hearings
- Creation of Board of Adjustments that hears appeals
- Authzd local authorities to enforce SSZEA through creation of z.o.
By 1929, how many local governments adopted zoning ordiances?
What did the 1928 Standard City Planning Enabling Act do?
- Provided for city planning
- Includes procedures for adopting the master plan (must give public notice)
- Sets forth orgtzn of planning commissions
- Covered 6 subjects
What are the six subjects under the SCPEA?
- Org of power and planning commissions (to create a master plan)
- Content of master plan (general design of city’s development)
- Provisions for adoption of master street plan
- Prov for apprvl of public improvements by plan commission
- Control of private subdivision land
- Prov for establishment of regional plng commission and regional plan
What is the point of Master Planning?
Ensures that development takes place in a systematic, coordinated and intelligently controlled manner
What was the outcome of the Euclid v. Ambler Realty case?
- Court put its seal of approval on zoning as legitimate PP of local govt
- Govt enactments have presumption of validity
- Allowed munis to prohibit uses that were not exclusively nuisances
What was the basis of the Euclid v. Ambler Realty case?
- Supreme Court upholds the constitutionality of zoning
- Challenge from Ambler: Z.O. not enacted for public purpose; claimed arbitrary and capricious
- Court to distinguish b/n what was legitimate use of PP and if Euclid Village could create residual uses excluded them
Which court case proved what municipalities can determine what constitutes “family”?
Ladue v. Horn (1986)
Which court case proved that Munipalities have right to regulate family composition?
Village of Belle Terre v. Boraas-(1974)
What are the two parts of the 14th Amendment?
- Substantive– is the z.o. or reg legitimate? I.e., Does it serve a public purpose?
- Procedural– Are all parties provided with due process and equal protection under the law?
What did the South Burlington NAACP v. Mt. Laurel case prove?
Every muni in a state designated growth area has an obligation to provide low/mod housing: cannot exclude certain classes
A tool that allows munis to address blight, infrastructure planning
What two cases established the precedence of eminent domain?
- Berman v. Parker – 1954
- Kelo v. New London – 2005
What is the federal government's role in planning?
- Fed influence over community and economic dev expanded after WWII
- Federal govt can impose federal/legislative requirements
- Can require citizens participation
What are the two things that land use planning is shaped by?
public capital investment and land use controls
What are the characteristics of the capital improvement plan?
- CIP is usually 5years in scope
- Provides a schedule of bonds or payment schemes
- CIP promotes coordination of various cap projects
What are the characteristics of the General Obligation Bonds?
- Guaranteed by “full faith and credit” of the muni govt
- Voter approval required
- Often issued under strict limits that vary from state to state
What are the characteristics of Revenue Bonds
- Usually not obligations of the muni or state govt
- Voter approval required
- Backed by a claim on revenues the facility is expected to generate, i.e., toll roads, stadiums, etc. (a revenue producing project)
Describe the Subdivision Regulations.
- Control the manner that a block of land may be converted to building lots
- Requires that a plat be submitted and approved
- Must be compatible w/ master plan
- Will stipulate improvements (Dedications, easements; Payments in lieu of dedications)
What are the legistics of zoning ordiances?
- Usually written by a consultant or planning agency
- Must be adopted by the legislative body
- Zoning is not takings, but it can be disputed as a taking
What are the two parts of a zoning ordiance?
- Map/including specific zones
- Text/specifies what may be constructed in each zone
What did Jane Jacobs advocate?
- Advocated density
- Critical of excessive separation of uses
- Did not advocate single-use streets
- Proposed a greater “mix” of uses, i.e., mixed use development
- Suggested that mix of use promotes safety and “eyes on the street”
What is Form-Based Zoning?
- Emphasis on physical form of development
- More flexible about permitted uses
- Originates in a community “visioning” process
- Heavily pictorial
- Will specify minimum heights, setback, ingress, egress, aesthetic details
- Less restrictive concerning permitted uses
- Works best where there is available land for dev, (i.e., a new subdivision)