Intro. to Planning Law#6

8/8/2019 Intro. to Planning Law#6

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Introduction to Planning Law

Fundamentals ofLand Use Planning and

Sustainable DevelopmentUnit # 6


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Why Plan and Zone?


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WHAT IS LAND USE LAW?

Land use is any enjoyment or benefit of realestate.

Land use planning is the systematic creation

and implementation of a framework for the

development of real estate.

To the legal practitioner, land use law is the

process by which a city/parish develops a local

land use plan and the standards and proceduresby which local public bodies evaluate whether

land use changes are consistent with that plan.


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Zoning and planning are development tools

which are assist in the growth and

development of a community but there are

definite limits as to what zoning and planning

can and cannot accomplish.


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Zoning And Planning Can

assist community economic growth by helping reserve

adequate and desirable sites for industrial and commercial

uses

protect the publics property from inconsistent or harmful

uses

help keep rural areas from becoming dumping grounds for

businesses which are trying to avoid municipal regulations

protect individual property owners from harmful or

undesirable uses of adjacent property

provide orderly and systematic transition in land use that

benefits all land uses through public hearings and local

decisions


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help prevent objections to normal and necessary farming

operations which can take place when residential

developments move into agricultural areas in an unplanned

fashion

make a community more attractive by assisting the

preservation of open space, unique natural resources, natural

terrain features, historical and cultural resources

protect present and future industry from harassment by

residential neighbors by informing residents where industrywill be allowed to develop in an orderly fashion

serve as a tool to put into effect plans for future development

allow for important community decisions to be made


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Zoning and Planning Cannot

change or correct past land uses, except for

those made non-conforming

prohibit farm buildings or farming decisions

such as crop or livestock selection

establish higher development standards than

the community desires, such as guarantees

that its adoption will be followed by industrial,

commercial, or tourism development


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ensure proper administration, no matter how

good ordinances and regulations may be

ensure that land uses will be permanently

retained as assigned under the zoning

ordinance, but allowing re-zoning in response

to changing conditions and unanticipated

opportunities

guarantee the structural soundness of

buildings constructed in zoning districts


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role and responsibilities ofagencies

Adopt, maintain, and implement a

Comprehensive Plan.

All land use decisions must be in conformance

with the municipal Comprehensive Plan.

Complete and updated printed copies of

Development Order and maps and Land

Development and Subdivision Regulations mustbe made available to the general public.

Adopt, amend, maintain, and utilize Ordinance in

conformance with Laws.


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Planner/ Planning Department A variety of responsibilities:

Comprehensive planning and studies, adoption,

amendment, and approval

Ordinance/regulation drafting, review,

amendment, and adoption

Assistance to planning board

Technical review and reports on applications

Attend meetings of boards and council Drafting of decisions for boards, commissions, and

council

Coordinates review of application


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Documents

Comprehensive and General Plans: blueprints for the

type and intensity of general land uses

Zoning Regulations: determine the size of lots,

property line setbacks, number of parking spaces,types of uses permitted etc.

Subdivision Regulations: rules and process for the

legal splitting of large parcels into smaller parcels

Building Codes: standard building construction

standards


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Planning Processes

Plan Amendments and Master Development

Plans:

changing the land use designation of an area in

the

Comprehensive or General Plan

Rezonings: changing the zoning on a particular

property


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Special (or Conditional) Uses: approval

process for one certain use or related uses on

a property that isnt a use by right -

approved or denied on a case by case basis

Zoning Regulation amendments: changing the

rules!

Variances: Minor adjustments to zoning

standards on a case by case basis


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How Big Parcels Shrink

There are two ways that big parcels become

smaller parcels

1. Formal subdivision process or

2. Lot splits -lots split up by different owners

over time. No improvements or planning

required.


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Problems Resulting

Lot splits without any improvements, planning

or oversight can result in:

Unmaintained, sometimes impassable roads

Inadequate water supplies

Flooding during storms

Landscape fragmentation


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A variance is a form of relief (as in seeking a

benefit) from regulation that requires a quasi-

judicial determination based on hardship.


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standards for issuing a variance

(1) That the hardship from which the applicant

seeks relief is due to the unique characteristics of

the subject land or structure and not to the

general characteristics of the surrounding area;and is not due to a physical or economic disability

of the applicant.

(2) That the hardship is not the result of any prioraction of the applicant and does not result

primarily from the desire of the applicant to

realize greater financial gain.


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(3) That the granting of the requested

variance will not alter the general character of

the surrounding area or impair the intent or

purpose of the zoning ordinance or thecomprehensive plan upon which the

ordinance is based; and

(4) That the relief to be granted is the leastrelief necessary.


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Special use permit

A use which is allowed by special use permit is

considered a regulated use. Unlike a

variance, which is a form of relief from the

provisions of the Zoning Ordinance, a specialpermitted use is a use which requires a Zoning

Boards quasi-administrative consent.


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Special conditions

In granting a variance or special use permit

the Zoning Board of Review may apply special

conditions that, in the opinion of the board,

may be required to promote the intent andpurposes of the Comprehensive Plan and the

Zoning Ordinance


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May Include (1) Minimizing the adverse impact of the development upon

other land, including the type, intensity, design, andperformance of activities;

(2) Controlling the sequence of development, including when

it must be commenced and completed;

(3) Controlling the duration of use or development and thetime within which any temporary structure must be removed;

(4) Assuring satisfactory installation and maintenance of

required public improvements;

(5) Designating the exact location and nature of development;

and

(6) Establishing detailed records by submission of drawings,

maps, plats, or specifications.


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Formal Subdivision Process

Advantages of a formal subdivision process:

Applicant presents a planned development

All stakeholders reviews all lots at once

Adequate roads, drainage, utilities and accurate lot

boundaries are required

Once approved and improvements are constructed,

the owner can put the lots on the market all at once


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Sustainable Development

Why is this important?

To abate the effects development and land use

have on climate change and the increase in

greenhouse gases, Rising energy costs, Depletionof important resources like water, wildlife habitat,

open space, farm and grazing lands


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What does it mean?

With regard to development, it means meeting

the needs of present generations, while not

compromising the ability of future generations tomeet their own needs.


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develop with sustainability

A few examples.

Green building and energy efficiency in new

industrial, commercial, residential structures

Compact/clustered building and community

design

Reduction in vehicle miles traveled through

walkable communities, mixed use, high densitydevelopment

Increase in public transportation Transit-oriented

development


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Munroe v. Town of East Greenwich , 733 A.2d

703 (R.I. 1999).

Carlson v. Town of Smithfield, 723 A.2d 1129

(R.I. 1999)

Newton et al. v. Zoning Board of Review, 713

A.2d 239 (R.I. 1998)