AICP - Plan Implementation (12%)

purposes of zoning

• Promote public health and safety;

• Protect the environment;

• Promote the aesthetic of a community;

• Provision of adequate light and air;

• Manage traffic;

• Manage density;

• Limit housing size and type, or encourage a variety of housing types;

• Attract businesses and industries.

what does zoning regulate

• Land use

• Lot Size

• Density

• Building placement

• Building height

• Building bulk

• Setbacks

• Parking

• Landscaping

• Signage

Planning Commission

a recommending governing body for City/County Council

Board of Zoning Appeals

quasi-judicial board that hears cases for variances, special exceptions, and appeals of staff’s administration of the zoning code

three different approaches to zoning

Euclidean, cumulative, and modified cumulative

Euclidean zoning

places the most protective restrictions on residential land uses, less on commercial uses, and virtually none on industrial uses. This concept places the most restrictive zoning category, single-family residential, at the top of the pyramid

Cumulative Zoning

less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive. However, in cumulative zoning, each successive zoning district allows all the uses from the previous zones

Modified Cumulative Zoning

developed to allow cities to provide a greater degree of protection than they could with cumulative zoning

The conditional use permit can be issued in one of two ways:

• Run with the land

• Run with the ownership

A nonconforming use

a property use that existed prior to the adoption of district regulations and is allowed to continue in most zoning codes as "legally nonconforming."

Amortization

sets a definite period of time within which the use must come into compliance with the zoning ordinance

Amortization is often quite controversial because..

it requires that the administrators of the ordinance determine a fair period of time during which the use will be allowed to continue before it must come into full compliance

fair time period of amortization is based on…

the property owner's original investment, the use of the property, and other factors that affect the owner's potential income

In most ordinances, a clause ends the nonconforming privileges if…

a certain percentage of the use is destroyed by either natural or man-made causes or if it discontinues for a set period of time

accessory use

one that is incidental to the main use of a property

an accessory use is typically located

on the same lot as the main use and smaller in size than the main use

Some examples of accessory uses include

outside sales, outside storage, a telecommunications tower, home occupations, and a garage apartment (i.e., Accessory Dwelling Unit or ADU)

Planned Unit Developments (PUDs)

unique zoning tool that can offer an alternative to strict zoning regulations

The zoning is tied to a detailed site plan, and if the plan changes or construction deviates substantially from the site plan- what is required?

an amendment is required, a process that is essentially the same as a rezoning

variance

a change in the terms of the zoning regulations due to economic or physical hardship

A use variance

allows a property to build and maintain a use not explicitly allowed under the zoning district regulations

An area variance

allows a property to be excluded from the physical site requirements under the zoning ordinance

Properties must meet specific requirements for the community to issue a variance, including

• There is a unique physical or economic hardship;

• The variance will not result in a reduction in property values;

• The property owner did not cause the need for the variance;

• The variance is not contrary to the spirit of the zoning ordinance.

Big-box retail

generally has 50,000 or more square feet in a large box

Concentrated animal feeding operations

include the practice of raising farm animals indoors and in high volumes

Right-to-Farm laws

which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations

Floor Area Ratio (FAR)

the ratio of a building's total floor area (gross) to the size of the piece of land upon which it is built

FAR is most frequently used in downtown areas to help

control for light and air

Maximum parking standards

an alternative to the conventional minimum parking standards used in most communities

McMansion

a term that describes large houses that are mass produced and have perceived negative impacts on the community, sometimes because they are out of scale with surrounding homes

Parachute Home

describes the scenario where a home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood's character

Teardown

refers to the demolition of a home for the purposes of building a larger home on the same lot

Progressive tax

the percentage of income paid in taxes increases as income rises. For example, the federal income tax system taxes those with high incomes a higher tax rate than those with low incomes;

Proportional tax

The tax rate is the same regardless of income. For example, a property tax rate is the same regardless of the price of your home. A person who owns a $50,000 home pays the same proportion as a person who owns a $250,000 home

Regressive tax

The percentage of income paid in taxes decreases as income rises. For example, if the amount of the tax is the same no matter your income, the percentage of your income you pay on the tax will go down as your income increases.

When considering the implementation of a tax there are several criteria that should be considered:

fairness, certainty, convenience, efficiency, productivity, neutrality

Fairness

A tax should reflect the ability to pay of those who bear its burden. Those who are poor, for instance, should not have to pay a lot in taxes;

Certainty

A tax should be fairly applied (i.e., I know that every time I go to purchase a gallon of milk that I will be taxed at the same rate);

Convenience

A tax should be convenient to pay. For example, vehicle registration taxes are mailed to vehicle owners' homes

Efficiency

A tax should allow collection and enforcement to be a straightforward process;

Productivity

A tax should provide a stable source of revenue;

Neutrality

A tax should not change the way a government would normally use its resources

Plan Integration for Resilience Scorecard (PIRS)

grounds the process of integrating and aligning plans in discrete local geographies

Here are specific strategies for accountable implementation

• Connect plan implementation to the capital planning process.

• Connect plan implementation to the annual budgeting process.

• Establish interagency and organizational cooperation.

• Identify funding sources for plan implementation.

• Establish implementation indicators, benchmarks, and targets.

• Regularly evaluate and report on implementation progress.

• Adjust the plan as necessary based on the evaluation.

There are two main categories of plan implementation evaluation

conformance-based evaluation and performance-based evaluation

Conformance-based evaluation

more literal and sees planning as having the ability to control future development

Performance-based evaluation

views plans as decision-making tools more in line with the incrementalism

An evaluative framework needs to consider

utility, feasibility, propriety, accuracy

differences in policy evaluation and program evaluation

The level of analysis required (e.g., system or community level for policy evaluation; program level for program evaluation).

The scale and scope of data collection may be greater with policy evaluation.

performance perspective

considers utilization: did the plan prove useful for subsequent decision-making?

conformance perspective

would investigate the extent to which policies or implementation substantively align with the recommendations made by the plan

A floating zone

a zoning district that delineates conditions which must be met before that zoning district can be approved for an existing piece of land

Rodgers v. Village of Tarrytown, 302 N.Y. 115 (N.Y. 1951)

instrumental in establishing the legality of floating zones

transferable development rights program (TDR)

is a market tool communities can use to achieve land preservation. The preservation is accomplished by allowing one landowner to sever her development rights in exchange for compensation from another landowner who wants her development rights to increase

impact fee

a growth management tool used to help pay for the expansion of public infrastructure by requiring developers to pay their proportionate share of the costs

tax incidence

individuals bear the burden of a tax after the economy has adjusted to changes caused by the taxes

The industry classification system that replaced the U.S. Standard Industrial Classification System (SIC) is the

North American Industry Classification System

Law of Large Numbers

as the sample size increases, the sample mean will get close to the population mean

not involved in promoting citizen participation

Herbert Simon

Capital Improvement Plan

include operating costs and long-term maintenance costs

Planning Programming Budget System

linking planning and budgeting and making the budget reflect objectives, strategies and plans

Performance budgeting

ties budgets to performance objectives

Zero-based budgeting

starts from a "zero base," and every function within an organization is analyzed for its needs and costs

regression

compares the relationship between two or more variables

advantage of Shift-Share Analysis

I. Evaluates the weaknesses of a region's industries
II. Illustrates the region's mix of industries
III. Illustrates the strengths of individual industries

The total acreage of national forest land in the United States is

192 million

Which information is needed to conduct a shift-share analysis

I. Industry employment for the region

II. Industry employment for the nation

The use of boycotts and marches is associated with

Alinsky's Organizations

Cost revenue analysis

determines the full cost of delivering a service or group of services