Land Use Controls and Property Development

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Land Use Controls and Property Development
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Land Use Controls

• What is the purpose of land use controls in
  communities?

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Master Plan (Comprehensive Plan)

• Many communities develop long-term plans that
  cover the following basic elements
• land use
• housing needs
• movement of people and goods
• community facilities and utilities
• schools, parks, hospitals, fire, police, water,
  etc.
• energy conservation

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Zoning Ordinances

• Covers
• permitted use of each parcel of land
• lot sizes
• types of structures
• building heights
• setbacks
• style and appearance of structures
• density
• Changes in zoning can encourage use changes for
  areas in decay or disuse.

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• Four main types of zoning are usually
  residential, commercial, industrial, and
  agricultural, but there are broken down in to
  subcategories.
• Other objective-based zoning includes
• bulk zoning to control density and overcrowding
• aesthetic zoning to control architecture
• incentive zoning to ensure certain uses are
  incorporated into new development

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• What about the legality of zoning?
• Power must be exercised in a reasonable manner
• provisions must be clear and specific
• ordinances must be nondiscriminatory
• ordinances must promote public health, safety,
  and general welfare under the police power
  concept
• ordinances apply to all property in a similar
  manner

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• What is a taking?
• There must be just compensation.
• What is inverse condemnation?

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Zoning Permits

• Zoning commission or hearing board
• Nonconforming use
• Variances and conditional-use permits
• variance permits an owner to use land in a way
  that is actually prohibited by zoning regulations

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Building Codes and Certificates of Occupancy
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Subdivision Development

• Read most of this section on your own
• Subdivider vs. developer
• Street patterns
• gridiron
• curvilinear
• Clustering see book

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Private Land Use Controls

• Restrictive covenants (subdivision regulations or
  restrictions)
• Deed restrictions

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