UPA Package 2, Module 4

INSTRUMENTS AND TOOLS OF LAND

USE CONTROL

2.4.2 Instruments and Tools of Land Use Control

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 Categorization of Instruments of
Land Use Control

• ‘National policy and perspectives’

instruments

• ‘Strategic’ instruments

• ‘Framework’ instruments

• ‘Regulation’ instruments

2.4.2 Instruments and Tools of Land Use Control

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 Common Tools of Land Use Control

• Planning tools

• Zoning/Zoning ordinance

• Site plan control (or subdivision regulation)

• Building regulation

• Development control (or development

permit)

• Supplementary control

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

• Comprehensive plan

• Master/General plan

• Strategic plan

• Structure plan

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

A Case of Land Use Planning On the Strategic Level

Oregon's Land Use Planning Program

The adoption of the state-wide planning program in 1973 was a

significant achievement for the State of Oregon.
It emphasizes both Conservation and Development
The program is “top down” and “bottom up” --
prescribing planning and zoning requirements, while
cities and counties carry them out with local needs in
mind.
Local planning commissions, city councils and county commissions are
the recommending and adopting bodies.

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools
Oregon
Statewide
Revised
Planning
Statutes
Oregon Admin Goals
(ORS)
. Rules (OAR
s)
Comprehen
Oregon's Land
sive Plans
Use Planning
Program
Local
Ordinances

Local Land
Use
Decisions

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Comprehensive Land Use

Plans
State law requires cities and
counties to plan their communities
comprehensively.

Comprehensive land use plans and plan amendments for cities,

counties and regional government are periodically reviewed by the
Department of Land Conservation and Development (DLCD).

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 Planning Tools

Comprehensive Land Use Plans

Goals/Rules/Laws
Local comprehensive land use plans are judged against 19
planning goals and related administrative rules and judicial
decisions.

----19 goals adopted as state rules, express fundamental

state policies on land use and related topics
----Goals apply both statewide and regionally
----Local comprehensive plans and ordinances must be
consistent with applicable goals
2.4.2 Instruments and Tools of Land Use Control
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 Planning Tools

Goal 1: Citizen involvement

Goal 2: Land use planning
Goal 3: Agricultural lands
Goal 4: Forest lands
Goal 5: Open spaces, scenic and historic areas, and natural resources
Goal 6: Air, water and land resources quality
Goal 7: Areas subject to natural disasters and hazards
Goal 8: Recreational needs
Goal 9: Economic development
Goal 10: Housing
Goal 11: Public facilities and services
Goal 12: Transportation
Goal 13: Energy conservation
Goal 14: Urbanization (urban growth boundaries)
Goal 15: Willamette River greenway
Goal 16: Protection of Estuarine resources
Goal 17: Protection of Coastal shorelands
Goal 18: Protection of Beaches and dunes
Goal 19: Protection of Ocean resources

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Implementation
Implementation of the 19 goals occurs through:
• Discussions, negotiations and dispute resolution
• Technical assistance and training grants
• Commission enforcement actions
• Appeals to local planning actions to LCDC, the Land Use
Board of Appeals
• Appeals to the courts

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Two Key Goals

Urban Growth
Boundaries
Sustainable Transport

Urban Growth
Boundaries (U
GBs)

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Overview of Zoning Ordinances

Uses of Zoning
 Popularity
 Effectiveness in shaping land use
 Limitation
(1) Can guide growth, but not necessarily encourage
investment
(2) Must be sensitive to changing economic and social
conditions
(3) Potential issues of discrimination and inequity
concerning “exclusionary zoning” and “fiscal zoning”

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 Planning Tools

Trends in Zoning Tools/Applications

Increasing efforts are done in different

counties to make local land use control more
flexible and negotiable

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Flexibility : Rezoning

Rezoning impacts: (business to residential)

neighbors have to agree
e.g. Shorefront property -- rezoned

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 Planning Tools

Flexibility : Variances
Variances
Gives landowner an exception to break some zoning rules
in a zone.
– Use variances
– Variance from standards
Ostensibly for “hardship” exemption
– Exceptional circumstances
– Use may not interfere with public welfare or injure adjoining
property
– Won't affect master plan adversely
– Profit motive not considered
2.4.2 Instruments and Tools of Land Use Control
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 Planning Tools

Variances and Planning

• Variances are often used as a development tool,
to get around established policies
• Variances circumvent government decision
making process and vests quasi-judicial powers in
planning body because it is construed as
administrative and not policy
• Insidious way of shielding policy decision from
public input and debate; it is really a disguised
zoning change without the legislative approval

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Flexibility: Non-conforming Zones

Non-conforming zones -- cabinet shop,

apartments, day care
– No alterations allowed (increase size, change in use,
etc.)
– Billboards -- amortization of properties to recover
financial investment -- mixed feelings by courts

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Flexibility: Exclusionary Zoning

Exclusionary zoning
----a way of eliminating unwanted uses, such as
industrial mills, chemical refineries
----used as a validation to keep unwanted commercial
and industrial uses from affluent individuals and
neighborhoods
----racial and economic prejudices are major reasons

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Flexibility: Exclusionary Zoning

Exclusionary zoning
Large lot requirements
Minimum house size requirements
No multiple dwellings
No mobile homes
High in-lieu exactions of subdivisions

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Flexibility: Inclusionary Zoning

Inclusionary zoning (e.g. density bonuses)

low
----a mechanism to generate affordable housi
ng
----either require or offer incentives to housin
g developers to set aside a portion of the units t
hey build as affordable.

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Flexibility: Inclusionary Zoning

Inclusionary zoning
Benefit
----the potential to be a significant generator of affordable housing
units
----win-win situation for developers, community members and the go
vernment
Downsides
----should not be constrained by rent and income limits and instead
should generate the profits allowed by the open market
----lead to the creation of bulky, ugly buildings that do not fit into the e
xisting neighborhood fabric
----simply not effective
2.4.2 Instruments and Tools of Land Use Control
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 Planning Tools

Flexibility: Incentive Zoning (Bonus Zoning)

Incentive zoning
----be very effective in encouraging desired types of
development in targeted locations
---- providing economic incentives for development
that otherwise may not occur
---- a method for a municipality to obtain needed
public benefits or amenities in certain zoning districts

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

• Contract zoning Other Flexible Zoning Tools

-- conditional use permits
Cities concerned about requiring things courts will ultimately
throw out
• Planned unit development (PUD)
allows precise plan with all phases of zoning interchanged if
deemed desirable.
Usually used in large developments
• Open space tradeoffs
Overall density remains the same, but open space is traded
for higher specific density
• Mandatory Dedication
• Impact Fees
• Innovative Land-use Control Methods
–Planned unit development
–Performance zoning
–Incentive zoning
–Transfer of development rights
2.4.2 Instruments and Tools of Land Use Control
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 Planning Tools

Site plan control/Subdivision regulations

• Site plan controls / subdivision regulations,

provides rules for determining the way that land is
to be subdivided and how it is to be prepared.
• Site plan or subdivision control has both a
substantive and a procedural component.

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 Planning Tools

Subdividions/Parcele Maps

• Must be consistent w/ General Plan and Zoning

• Density & Lot Type
• Street widths, driveway cuts & circulation patterns
(connections)
• Conditions of Approval (Nexus)
• Parcel Map is 4 or fewer lots

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 Planning Tools

Infrastructure Finance

• Pre-Proposition 13: General Obligation Bonds

used for financing roads, sewer, water
treatment, etc.
• Adequate Public Facilities (Schools/Roads)
• Today (Nexus-based proportionate share):
– User fees (portion of utility bill);
– Development Impact Fees
– Dedications of land or fee in-lieu

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Subdivisions: Environmental Issues

• Natural Hazards & Environmentally sensitive area

s (flood, hillsides, wetlands, plant / animal habitat)
• Stormwater quality management (NPDES-SWPP
P) - use of detention basins / swales
• Noise Caused by project (industrial)
• External Noise Affects Project

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 Planning Tools

Subdivisions - Street Layout

• Streets comprise 10-30% of land area

• Streets contain public utilities
• Arterials: high volumes at high speeds, but offer
limited access - results in back-on lots, pedestrian-
hostile
• Local Streets intersections (conflict points) < 500 -
1000 ‘ to tame traffic
• Cul-de-sacs < 500’ in length; 45’ radius

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Subdivisions - Lot Dimensions

• Single Family min 52’ x 100’ + 10’ corner

• Wide lots require > frontage improvements
• Narrow lots more efficient for transit
• Pie-shaped lots (on cul-de-sacs) have premium
value, but use land less efficiently
• Flag lots have minimal street presence

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Subdivisions - Commercial

• Divisibility for financing purposes

• Requires reciprocal access, drainage, and utility
easements
• Usually requires reciprocal parking
• Often requires “no build easements” to satisfy
Uniform Building Code (fire rating)
• Common landscaping parcels

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Subdivisions - Types

• Master Tentative Map (merchant lots)

• Parcel Tentative Map (< 5 lots)
• Subdivision Tentative Map
• Final Map (Acceptance of improvements or
performance bond to construct later)
• Boundary Line Adjustment (Minimal discretion)

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Building Regulations

• Objective:
secure socially accepted minimum standards
• Disadvantage :
effective enforcement can be a complex and
expensive process, often resulting in the
regulations being administered only in relatively
wealthy urban settings.

2.4.2 Instruments and Tools of Land Use Control

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 Planning Tools

Development Plan Control/Review

• Similar to a conditional use permit except that

type of land use is not at issue
• Conditions may include
– Intensity (# Church seats, # square feet)
– Landscaping & Parking & Circulation
– Building Design / Positioning on site
– Hours of operation

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 Planning Tools

Supplementary Tools
• Official Map • Wetland protection
• Sign Control • Water resource
• Historic preservation protection
• • Erosion and
Architectural design control sedimentation control
• Scenic resource protection • Environmental
• Open space preservation controls/review
• Protection of agricultural • Junk Yard
land Regulations
• Floodplain management • Control of Mining
• Moratoria
• ……
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