PLAN 247 Master Flashcards

Deed Restrictions Definition

Limitations on the use of real estate imposed through covenants in property deeds.

Deed Restrictions Significance

Preserves specific land-use characteristics and property values. Also often excluded minorities and limited who could buy homes and leading to gentrification

Deed Restrictions Example

Restriction on building height, people who can purchase, and allowed use of a property

Racial Zoning/ Racial Covenants Definition

Historical discriminatory practices restricting certain racial or ethnic groups from living in specific areas.

Racial Zoning/ Racial Covenants Significance

Contributed to racial segregation and disparities in housing opportunities.

Racial Zoning/ Racial Covenants Example

Racially restrictive covenants in property deeds preventing sales to specific racial groups.

Covenants Definition

Legal agreements, often in property deeds, dictating the use and restrictions of the property.

Covenants Significance

Regulates property use and can affect property values.

Covenants Example

Prohibition of commercial activities in a residential area.

Taking Definition

The government's power to take private property for public use with just compensation.

Taking Significance

Balances private property rights with public welfare

Taking Example

Condemning land for a public infrastructure project.

Mugler v. Kansas

a case where the U.S. Supreme Court decided that a Kansas law made Mugler's brewery almost worthless. The court introduced a 'harm/benefit' test, saying that if the government acts to prevent harm to public health, safety, and welfare, it's using its police power. In such cases, property owners won't get compensation. However, if the government takes property for public benefit, it's using eminent domain, and it must pay the owner fair compensation.

Mugler v. Kansas Significance

important because it sets a standard. If rules are made to protect public health or safety, property owners might not be compensated. But if the government takes property for the public's benefit, like building a park, it must pay a fair price.

Eminent Domain Definition

The legal right of the government to acquire private property for public use with compensation.

Eminent Domain Significance

Enables the government to take private property that allows public projects to benefit the community.

Eminent Domain Example

The government takes private property with just compensation for a new highway or school.

Police Power

Government authority to regulate private property for public welfare, health, and safety.

Police Power Significance

Ensures public safety and community well-being by allowing this power to take private property or regulate what can occur on private property (zoning) to benefit the community

Police Power Example

Enforcing building codes to ensure structural safety, not allowing residential areas to have businesses, not allowing certain size housing in certain areas, etc.

New York Zoning Ordinance of 1916

The first comprehensive zoning ordinance in the U.S., dividing New York City into residential, commercial, and industrial zones.

New York Zoning Ordinance of 1916 Significance

Pioneered modern land-use regulation.

Pros of Zoning

Orderly development, protection of property values, public safety.

Cons of Zoning

Inflexibility, potential for inequity, hindrance to innovation.

Standard State Zoning Enabling Act (SSZEA)

A model law providing a framework for states to create zoning regulations, emphasizing organized land use for public welfare.

Standard State Zoning Enabling Act (SSZEA) Significance

SSZEA standardizes zoning practices, aiding cities in creating efficient land use plans.

Unrestricted Zone Definition

An area without specific land-use restrictions.

Unrestricted Zone Significance

Allows for varied land uses without zoning constraints.

Unrestricted Zone Example

Rural areas without zoning ordinances.

Euclidean Zoning Definition

Zoning based on separating land uses into distinct zones.

Euclidean Zoning Significance

A common model for organizing urban development that divides areas into residential, commercial, and industrial zones.

Upzoning Definition

the modification of existing zoning regulations to allow for more intensive land use, typically permitting higher-density development, taller buildings, or a broader range of land uses.

Upzoning Significance

Upzoning can encourage urban growth, increase housing density, and support mixed-use developments, promoting economic vitality and efficient land use.

Upzoning Example

A city may upzone a downtown area, allowing for taller buildings and more diverse land uses to attract businesses and residents.

Downzoning Definition

the adjustment of existing zoning regulations to restrict land use, often reducing density, building height, or permissible uses.

Downzoning Significance

Downzoning is implemented to preserve neighborhood character, limit urban sprawl, protect green spaces, or address infrastructure capacity issues.

Downzoning Example

A city may downzone a suburban area to preserve its residential character by reducing allowed building heights and limiting commercial development.

Family Definition

A group of individuals living together and related by blood, marriage, or adoption.

Family Significance

Zoning regulations often define and regulate what constitutes a family in residential areas.

Family example

Zoning specifying that a family consists of individuals related by blood or marriage.

Standard City Planning Enabling Act (SCPEA)

A model law guiding municipalities on comprehensive city planning, empowering cities to address growth and community needs through holistic urban development strategies.

Standard City Planning Enabling Act (SCPEA) Example

A city adopts SCPEA to formulate a master plan, including green spaces and housing provisions for sustainable development.

State

Definition: A sovereign political entity that constitutes a part of a larger nation or country. It possesses its own government, which has authority over the entire geographical area within its borders. States are responsible for enacting laws, maintaining order, and providing governance at a broad level.

Consistency Definition, Significance, and Example

Ensuring that plans and regulations align to avoid conflicts.

• Significance: Promotes clarity and efficiency in governance.

• Example: Zoning regulations aligned with the comprehensive plan.

Planning Definition (vs Zoning)

The broader process of determining a community's future development.

Zoning Definition (vs Planning)

The specific regulation of land use through zoning codes.

NIMBY Definition

Not In My Backyard; Opposition by residents to new developments in their neighborhood.

NIMBY Significance and Example

Significance: Common challenge in implementing new projects.

Example: Residents opposing the construction of a landfill nearby.

City Council/Town Council main duties

• The elected legislative body responsible for local laws, budgets, and policies.

• Significance: Represents community interests in governance.

• Example: Passing ordinances, approving budgets, and representing constituents.

Planning Commission Tasks

• Definition: A local government body that reviews and advises on land-use planning.

• Significance: Evaluates development proposals and ensures compliance.

• Example: Reviewing and approving subdivision plans.

Zoning Appeals/Zoning Adjustment Board

• Definition: A board that hears appeals and grants variances from zoning regulations.

• Significance: Provides a process for addressing individual cases.

• Example: Granting a variance for a property to deviate from setback requirements.

4th Amendment

• Definition: Protects against unreasonable searches and seizures, impacting property takings.

• Significance: Ensures that the government follows proper legal procedures to obtain private land.

• Example: The government can not take your private property unless it is for the safety of the community or to make it a public good.

5th Amendment

• Definition: Protects private property rights, applicable in city planning when eminent domain is exercised.

• Significance: The government must ensure just compensation when using eminent domain for public projects.

• Example: A city compensates property owners fairly when acquiring land for a public park, adhering to the 5th Amendment.

14th Amendment

• Definition: Guarantees equal protection under the law, guiding city planners to avoid discriminatory zoning.

• Significance: Ensures city planning decisions treat all citizens equally.

• Example: Zoning decisions are made without discrimination, adhering to the principles of the 14th Amendment.

Public Purpose

• Definition: A legitimate government objective that benefits the community.

• Significance: Justifies the exercise of eminent domain.

• Example: Using eminent domain to acquire land for a public school.

Hadacheck v. Sebastian(1915)

• Definition: Upheld zoning regulations, allowing cities to regulate land use for public health and safety.

• Significance: Reinforces city power in implementing zoning laws for balanced development.

• Example: Zoning laws prevent heavy industries near residential areas, citing Hadacheck v. Sebastian for justification.

Buchanan v. Wharley (1917)

• Definition: Struck down racial zoning laws, guiding city planners to create non-discriminatory housing regulations.

• Significance: Eliminates racial discrimination in city planning.

• Example: Zoning laws ensure equal housing opportunities for all residents, following Buchanan v. Warley principles.

Shelley v. Kraemer (1948)

• Definition: Prohibited racially restrictive covenants, influencing city planning to eliminate discriminatory housing practices.

• Significance: Shapes city planning for fair and inclusive housing.

• Example: City planners work to create zoning policies fostering diverse and inclusive communities.

Euclid vs. Ambler Realty (1926)

• Definition: Affirmed the constitutionality of zoning laws, guiding city planners in creating comprehensive zoning ordinances.

• Significance: Establishes legality of zoning regulations for organized land use.

• Example: Zoning ordinances separate residential and commercial areas, aligning with Euclid vs. Ambler Realty.

City of Ladue v. Horn (1986)

• Definition: Addressed the balance between free speech and city aesthetics in sign regulations.

• Significance: Influences city planning on creating sign regulations respecting both free expression and visual harmony.

• Example: City enacts sign regulations balancing free expression with community aesthetics, guided by City of Ladue v. Horn.

Kelo v. City of New London (2005)

• Definition: Broadened eminent domain for economic development, impacting city planning decisions on land acquisition.

• Significance: Expands government authority for economic redevelopment.

• Example: A city justifies eminent domain for economic growth, referencing Kelo v. City of New London.

Stop the Beach Renourishment inc v. Flordia Department of Environmental Protection (2009)

• Definition: Addressed property rights in coastal development, guiding city planners to balance environmental concerns with property rights.

• Significance: Influences coastal development projects.

• Example: City planners assess coastal development, considering Stop the Beach Renourishment principles.

Preemption

• Definition: The legal principle where a higher level of government law supersedes or precludes conflicting laws of a lower level.

• Significance: Ensures uniformity in laws and regulations.

• Example: Federal environmental laws preempting state environmental laws.

Spot Zoning

• Definition: The rezoning of a small parcel of land for a use different from the surrounding area.

• Significance: Can be controversial and lead to legal challenges.

• Example: Zoning a small residential area for commercial use.

Conditional Use Permit

• Definition: Permission granted by local zoning authorities for a specific use of a property.

• Significance: Allows flexibility in zoning regulations for specific cases.

• Example: Granting a permit for a church to operate in a residential zone.

Comprehensive Plan

• Definition: A long-term plan guiding a community's growth and development.

• Significance: Provides a vision for land use, transportation, and infrastructure.

• Example: Outlining future land-use patterns and infrastructure development.

Group Home

• Definition: A residence where unrelated individuals with specific needs live together.

• Significance: Zoning often regulates the establishment of group homes.

• Example: A home for individuals with disabilities.

FAR - Floor area ratio

• Definition: The ratio of a building's total floor area to the area of the lot it occupies.

• Significance: Regulates building density and scale.

• Example: A zoning code allowing higher FAR in commercial zones.

Mobile Homes

• Definition: Homes that are built off-site and transported to a location.

• Significance: Zoning often regulates the placement of mobile homes.

• Example: Zoning code specifying areas where mobile homes are permitted.

Apartments

• Definition: Multi-unit residential buildings with separate living spaces for multiple households.

• Significance: Zoning often designates areas for different housing types.

• Example: Zoning allowing high-density residential development in urban areas.

Rational Nexus

• Definition: The connection between a regulatory requirement and its intended purpose.

• Significance: Required for a regulation to be constitutionally valid.

• Example: Imposing impact fees on developers to fund infrastructure related to their projects.

Impact fees

• Definition: Charges imposed on developers to offset the costs of public services and infrastructure necessitated by new developments.

• Significance: Ensures new developments contribute to the community's infrastructure needs.

• Example: Charging a developer fees to fund the construction of new roads.

Subdivision Regulation

• Definition: Rules governing the division of land into parcels.

• Significance: Ensures orderly and safe development of new subdivisions.

• Example: Regulations specifying lot sizes, street layouts, and utility connections.

Form-based Codes

• Definition: Zoning codes that regulate the physical form of buildings and public spaces.

• Significance: Emphasizes the design and aesthetics of development.

• Example: Code specifying building design standards in a downtown area.

Transects

• Definition: A planning concept organizing development along a continuum from urban to rural.

• Significance: Guides development in a way that complements the existing character.

• Example: Planning zoning transitions from dense urban core to suburban and rural areas.

PUD (Planned Unit Development)

• Definition: A zoning designation allowing flexibility in land use and design.

• Significance: Encourages creative and comprehensive planning.

• Example: Development combining residential, commercial, and recreational uses.

Density Bonus

• Definition: Allows developers to exceed the maximum size regulations as an Incentive to include affordable housing units in their projects.

• Significance: Encourages the creation of affordable housing.

• Example: Allowing additional units or increased building height in exchange for affordable housing.

Development Agreement

• Definition: A legally binding contract between a developer and a local government.

• Significance: Specifies development conditions, benefits, and obligations.

• Example: Coachella and the city it’s hosted in having legal agreements to allow Coachella to continue

Preemption

• Definition: The legal principle where a higher level of government law supersedes or precludes conflicting laws of a lower level.

• Significance: Ensures uniformity in laws and regulations.

• Example: Federal environmental laws preempting state environmental laws.

Pros of preemption

1. Consistency and Uniformity:

   • Pro: Preemption ensures consistency in laws and regulations across different jurisdictions within a state, avoiding a patchwork of conflicting rules. This can provide clarity for residents, businesses, and developers.

2. Efficiency and Streamlined Governance:

   • Pro: Preemption can lead to more efficient governance by reducing the complexity of navigating varied local regulations. This streamlining may be particularly beneficial for businesses and developers operating across multiple municipalities.

3. Addressing Statewide Issues:

   • Pro: Preemption allows state governments to address issues that have broader implications or are best managed at the state level, such as environmental protection, transportation planning, or certain public health measures.

4. Resource Allocation:

   • Pro: State preemption can help in optimal resource allocation by preventing municipalities from enacting laws that may not align with statewide priorities or that could lead to inefficient use of resources.

cons of preemption

1. Limited Local Autonomy:

   • Con: Preemption restricts the ability of local governments to respond to the unique needs and characteristics of their communities. This may hinder innovative and context-specific solutions to local challenges.

2. Undermining Local Democracy:

   • Con: Preemption can be perceived as undermining local democratic processes by centralizing decision-making power at the state level. This may lead to a sense of disempowerment among local communities.

3. Inflexibility in the Face of Diverse Needs:

   • Con: Different municipalities may have diverse demographics, economic structures, and cultural contexts. Preemption can be inflexible in addressing these unique local needs and challenges.

4. Risk of Lagging Regulations:

   • Con: Statewide regulations may not always keep pace with rapidly changing local conditions. Preemption could result in regulations that are outdated or ill-suited to address emerging challenges in specific municipalities.

5. Potential for Special Interest Influence:

   • Con: When decision-making is concentrated at the state level, there is a risk of special interests having a disproportionate influence, potentially leading to policies that may not align with the best interests of local communities.

spot zoning

• Definition: The rezoning of a small parcel of land for a use different from the surrounding area.

• Significance: Can be controversial and lead to legal challenges.

• Example: Zoning a small residential area for commercial use.

ladder of participation

public participation

non-participation

• Definition: The absence or refusal of individuals or groups to engage in community decision-making.

• Significance: Can hinder effective governance and community development.

• Example: Residents refusing to attend town hall meetings or participate in planning processes.

Citizen Power

• Definition: The ability of citizens to influence decision-making in their community.

• Significance: Essential for democratic governance.

• Example: Citizen participation in public hearings and community planning.

Tokenism

• Definition: Superficial inclusion of members of underrepresented groups to give the appearance of diversity.

• Significance: Undermines genuine inclusion and participation.

• Example: Appointing a single member

Non-participation

• Definition: The absence or refusal of individuals or groups to engage in community decision-making.

• Significance: Can hinder effective governance and community development.

• Example: Residents refusing to attend town hall meetings or participate in planning processes.

Participatory Budgeting

• Definition: A democratic process allowing citizens to decide how public funds are allocated.

• Significance: Empowers the community in financial decision-making.

• Example: Residents voting on budget allocations for local projects.

Home Owners Loan Corporation (HOLC)

• Definition: A New Deal agency that provided loans to homeowners during the Great Depression. Provided long-term mortgages with no large fees at the end of the mortgage. Helped to keep (white) people in their homes

• Significance: Contributed to stabilizing the housing market but redlined areas through a grading system that poorly impacted minorities

• Example: HOLC providing low-interest loans to homeowners facing foreclosure.

Federal Housing Administration

• Definition: A government agency that insures mortgages to facilitate homeownership.

• Significance: Increased access to home loans, but historically had discriminatory practices.

• Example: FHA-insured mortgage enabling a family to buy a home.

Redlining

• Definition: Discriminatory lending practice that marked certain neighborhoods as high risk, limiting access to loans. Coined by the FHA/HOLC

• Significance: Contributed to racial segregation and disparities in housing opportunities.

• Example: Denying loans or insurance to residents of predominantly minority neighborhoods.

Fannie Mae and Freddie Mac

• Definition: Government-sponsored enterprises that support the mortgage market by purchasing and guaranteeing mortgages. Also uses other payments not typically used in credit history (like rent) to determine loan risk

• Significance: Promote liquidity in the mortgage market.

• Example: Fannie Mae buying mortgages from lenders to encourage more lending.

Housing Act of 1949

• Definition: Federal legislation promoting safe housing and urban renewal.

• Significance: Shapes city planning by providing resources for housing development.

• Example: City uses funds for urban renewal, revitalizing neighborhoods and providing affordable housing.

Urban Renewal

• Definition: Programs aimed at revitalizing urban areas through redevelopment and infrastructure improvements.

• Significance: Led to both positive and negative outcomes, including displacement.

• Example: Redevelopment projects targeting blighted neighborhoods.

Jane Jacobs

• Definition: Urban theorist and activist known for her advocacy of community-based urban planning.

• Significance: Influential in shaping ideas about urban development and community involvement.

• Example: Authoring "The Death and Life of Great American Cities."

Public Housing

• Definition: Government-owned housing provided for low-income individuals and families.

• Significance: Addresses the need for affordable housing but has faced challenges.

• Example: Housing projects operated by housing authorities.

Subsidized Housing

• Definition: Housing with reduced rent or financial assistance to make it affordable for low-income individuals.

• Significance: Addresses housing affordability challenges.

• Example: Section 8 housing vouchers providing rental assistance.