Section 8: Land Use Planning & Control

Goals of Land Use Control:

-Preservation of property values
-Promotion of the highest and best use of property
-Balance between individual property rights and the public good
-Control of growth to remain within infrastructure capabilities
-Incorporation of community consensus into

A community achieves its land usage goals through a three-phase process:

Master plan, planning commission, zones

Planned Unit Development (PUD)

Restricts use to development of whole tracts that are designed to use space efficiently and maximize open space.

Variance

Allows a use that differs from the applicable ordinance for a variety of justifiable reasons

Special Exception

Authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to public welfare and does not impair other uses in the zone.

National Environmental Policy Act (1969)

This act created the Environmental Protection Agency and the Council for Environmental Quality which established environmental standards for land use planning.

A property that conformed with zoning ordinances when it was developed but does not conform to new ordinances is said to be:

A legal nonconforming use.

In most jurisdictions, the master plan is managed by:

The planning commission.

What is one of the most common expressions of police power?

Municipal zoning

Which type of zoning restricts land use to public services and recreation?

Public zoning

A property owner is precluded by deed restriction from developing a thirty foot boat dock. The limitation prompts the owner to sell to another party. The new owner:

Takes title subject to the same restriction.

What is police power used for?

Used by local level governments to control land use.

One situation in which a zoning board might permit a variance is when:

It would cause the property owner unreasonable hardship to bring the property into compliance with zoning ordinances.

If a master plan is developed for the making of bicycle lanes in major roads in the county, who must administer this plan?

A planning commission.

If a property owner wants to have a change in zoning from agricultural to industrial, what must he or she do?

Petition the zoning board for an amendment.

Who administers zoning ordinances?

The zoning board of adjustment.