Exam 2 - Land Use, Zoning, Smart Growth

Form Based Codes (FBC)

codes that focus on the design of spaces, buildings, and streets by regulating the form, scale, and massing of buildings rather than use; focus on land use is secondary; REGULATIONS, not just guidelines

FBCs typically include…

building form, architectural, landscaping, signage, and environmental resource standards

Rural-to-Urban Transect

hierarchy of places from the most rural to the most urban

Cincinnati’s FBC

example FBC: T3 zone prioritized single-family large and medium lots; T4 zone applies to areas with mixed medium density and single family homes; T5 zone high density and residential; T6 zone downtown

setback line/sky exposure plane

NYC 1916; ensures that sunlight and air circulation reach the streets; imposes height restrictions for skyline and historical identity

Mugler v. Kansas (1887)

determined that zoning is a ‘police power’ of the city to protect “health, safety, and public welfare”

Village of Euclid v. Amber Realty Co.

1926; determined that zoning is constitutional and municipalities could impose an uncompensated loss upon a private owner through regulations; enabled zoning to be used as a prevention method for unwanted developments

euclidean zoning

divides zones up by land use (industrial, residential, business, etc.)

Penn Central Transportation Co. v. NYC

1926; determined that zoning can be applied to a single parcel

eminent domain

the power of the government to take private property and convert it into public use

comprehensive plan (internationally: master plan)

policy document/future vision mostly focusing on physical elements that can be implemented with funding; typically plans 15-20 years out; the first one was in 1925, Cincinnati

zoning ordinance

enforceable legal document

FBCs came to be as…

a reaction to Euclidean zoning

impact zoning

zoning that mixes land uses to support healthy communities (ex: combining large apartment buildings with office space); promotes walkable communities

incentive zoning

zoning used to provide affordable housing options (used to redevelop slums); incentivizes affordability w/ height bonus (more floors), density bonus (more units), or floor area ratio; can also promote green spaces

examples of incentive zoning

Montgomery County, MD - promotion of green building practices; Seattle, WA - promotion of affordable housing

inclusionary zoning

zoning that makes it a requirement to provide a certain amount of low/moderate income housing; mixing affordable and market rate housing in the same neighborhood

examples of inclusionary zoning

Los Angeles, CA - many people currently cannot afford to live close to their workplace; impacts on commute time and emissions

planned unit development (PUD)

flexible development; overlay zoning for larger lots with different guidelines so they can have mixed uses

cluster zoning

zoning that allows for more flexibility in lot sizes; smaller lots may allow extra land to be developed for community purposes or open space preservation

variance

a permit for a deviation from the strict zoning rules and requirements

hardship clause

landowners can cite unique difficulties as a reason to need a variance

performance zoning

achieve the same goals but keep flexibility

hardship clause: pre-existing undersized lots

lots that might be smaller than the stipulated minimum lot size

hardship clause: strangely shaped lots

meeting setback requirement may be difficult

hardship clause: unusual topography

meeting setbacks is difficult due to steep topography/floodplain

10 principles of smart growth

mix land uses; take advantage of compact building design; create a range of housing opportunities and choices; create walkable neighborhoods; foster distinctive, attractive communities with a strong sense of place; preserve open space, farmland, natural beauty and critical environmental areas; strengthen and direct development towards existing communities; provide a variety of transportation choices; make development decisions predictable, fair, and cost effective; encourage community and stakeholder collaboration in development decisions 

smart growth

an overall approach of the development and conservation strategies that can help protect the natural environment and make our communities more attractive, economically stronger, and resilient to climate change

green street

a stormwater management approach that incorporates vegetation and engineered systems to slow, filter, and cleanse stormwater runoff from impervious surfaces

complete streets

designed for everyone

strong towns

a movement for incremental housing, safe and productive streets, ending parking mandates and subsidies, ending highway expansion, and transparent local accounting