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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 Revised
Statutes (ORS)
Statewide
Planning Goals
Oregon Admin.
Rules (OARs)
Comprehensive
Plans
Local
Ordinances
Oregon's Land
Use Planning
Program
Local Land Use
Decisions
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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).
2.4.2 Instruments and Tools of Land Use Control
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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
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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
(UGBs)
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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
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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
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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
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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
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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
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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
housing
----either require or offer incentives to
housing developers to set aside a portion of the
units they build as affordable.
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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
government
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
existing neighborhood fabric
----simply not effective
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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
-- 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
Tools
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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
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Planning Tools
Subdivisions: Environmental Issues
• Natural Hazards & Environmentally sensitive
areas (flood, hillsides, wetlands, plant / animal
habitat)
• Stormwater quality management (NPDESSWPPP) - 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, pedestrianhostile
• Local Streets intersections (conflict points) < 500 1000 ‘ to tame traffic
• Cul-de-sacs < 500’ in length; 45’ radius
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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
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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
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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
Sign Control
Historic preservation
Architectural design control
Scenic resource protection
Open space preservation
Protection of agricultural
land
• Floodplain management
• Wetland protection
• Water resource
protection
• Erosion and
sedimentation control
• Environmental
controls/review
• Junk Yard
Regulations
• Control of Mining
• Moratoria
• ……
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