Municipal Government Land Use Planning Purpose of Land

Municipal Government Land Use Planning

Purpose of Land Use Planning ü To guide growth and change in a municipality in an orderly way that promotes the public interest while protecting property rights.

U. S. planning in context ü Some countries have little or no planning. Others, Canada, for example, centralize planning at provincial levels. ü Planning in the U. S. occupies a middle ground, decentralized to the local level, within a state framework.

A matter of balance I ü Competing interests ü A property owner may see an opportunity to make money by enlarging a parking lot for a restaurant. ü The lot could subject nearby residents to additional noise and night lighting, and they may have concerns about safety and privacy.

A matter of balance II ü Local decision makers must decide how much regulation is needed ü To protect the public adequately ü Without infringing unduly on property rights. ü This can’t be done ad hoc, case by case. ü Therefore, principles and procedures are established for the sake of consistency and fairness.

Approaches to planning ü Most common -- Euclidean zoning üNamed after Euclid, Ohio üSupreme Court upheld Euclid’s zoning ordinance in 1926 üBased on idea of separation of ‘incompatible’ land uses.

Euclidean zoning I ü Separates land uses by intensity ü Intensity = amount of noise, traffic, pollution etc. generated by the use. ü Highest intensity -- heavy industry ü Lowest intensity -- single-family residential ü Intermediate -- multi-family, office service, commercial, light industrial

Euclidean zoning II ü Buffers incompatible uses ü With uses of intermediate intensity ü Office zones can buffer residential from commercial areas, etc. ü With mitigation of impact ü Screening with walls, privacy fences or vegetation ü Setbacks from property line ü Lighting regulations

Criticism of Euclidean zoning ü Separation of uses leads to ü Urban sprawl ü Inefficient delivery of services: Fire, water, sewer ü Dependence on automobiles ü Driving a mile for a loaf of bread ü Major arteries cutting up neighborhoods ü Urban crime ü Deterioration of central cities ü Cities empty out at 5 p. m. ü No ‘eyes on the street’ -- Jane Jacobs

Emerging approaches I ü ‘New Urbanism’ üMixed uses üCommercial below, apartments above üShop, work and recreate where you live üWalkable neighborhoods üBike paths üGrid streets to move traffic

Emerging approaches II ü Form-based zoning ü Regulates buildings instead of uses ü Aesthetics ü Building height, setbacks, materials ü Relation of buildings to public space ü Creation of designed of public space ü Parking ü Streetscapes ü Relatively new in Michigan ü Grand Rapids, Mission Street in MP, Midland

The Planning Team ü Planning Commission ü Writes master plan, zoning ordinance ü Acts on rezoning requests, site plans etc. ü City or Village Council ü Can choose whether to be final authority ü Zoning Board of Appeals ü Settles requests for variances ü Staff -- the local experts ü Consultants -- the out-of-town experts

Master Plan ü One of the most important planning documents. ü Sets overall direction for change in land uses in the community ü Uses delineated in ‘fuzzy’ areas ü Can be used to support decisions that move toward community goals. ü Non-motorized transportation ü Must respond to market forces. Planning something doesn’t make it so.

Use it or. . ü Master plans are “use it or lose it” propositions. ü “Failure to follow the plan may discredit any attempt to use the plan as a defense for actions which may be challenged by property owners or developments. ” -Michigan Municipal League

Zoning ordinance ü Establishes the rules for land use ü If Euclidean ü Divides community into zoning districts. ü No longer ‘fuzzy’ -- precisely defined. ü Controls the type and intensity of development allowed in each district. ü For example, “neighborhood commercial” might include convenience stores and small retail establishments, but exclude gas stations, auto repair shops, supermarkets and malls.

Planning processes ü Rezoning petition ü Seeks to change zoning of a particular parcel. ü If approved, allows any use on the rezonedparcel permitted in that zoning district. ü Site plan ü An engineered design for a specific use for a particular parcel ü Can have full or administrative review ü Variance (decided by Zoning Board of Appeals)

Useful concepts I ü Rezoning stays with the property, not with the owner ü Owner may change mind ü New owner can change use ü Uses permitted by right ü Conditional uses (‘special’ uses)

Useful concepts II ü ‘Grandfathering’ ü Zoning is not retroactive ü Existing uses allowed to remain as “legal nonconformities. ” ü Should be brought into conformity over time. ü New use can only be one permitted in the zoning district. ü Limits on remodeling, rebuilding etc.

A new zoning tool ü Historically, Michigan has not allowed “contract zoning” -- agreements with property owners to restrict the use of a property if rezoning is granted. ü Instead, planning commissions had to consider the whole range of uses permitted under a zoning district.

Conditional Rezoning ü A recent change to state law allowed “conditional rezoning. ” ü A property owner can voluntarily propose limiting the use of a piece of property. ü If accepted, the agreement is legally binding on the property owner. ü If the agreement is broken, the property reverts to the previous zoning.

Zoning Board of Appeals ü Required in every community that has a zoning ordinance. ü Council can act as ZBA ü Or can appoint one. ü Has final authority over requests for variances.

Variances ü Variances are requests to be allowed to break the law. ü Most should be denied. ü Two kinds ü Use -- permits a use not otherwise allowed in a zoning district ü Dimensional -- permits encroachment in required setbacks, parking requirements, building height, etc.

Use Variance ü Petitioner is usually required to show ü Compliance with the law would cause unnecessary hardship for the owner ü Due to circumstances unique to the property. ü The problem shouldn’t be “self-created. ” ü The variance should do “substantial justice” both to the property owner and to others.

Dimensional variance ü Petitioner is usually required to show ü Compliance with the law would cause practical difficulties for the property owner ü Due to circumstances unique to the property ü The problem shouldn’t be “self-created. ” ü The variance should be the minimum required to solve the problem.

Why ZBAs should say no ü “Eventually, the offhand granting of variances harms the community’s ability to enforce the ordinance. ” ü Poorly supported decision can over time “have the effect of destroying the credibility of the zoning ordinance. ”

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