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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)