3 variances are safety valves for strict euclidian

This preview shows page 2 out of 13 pages.

3. Variances are safety valves for strict Euclidian application; 100-acres not too large; runs with the land; mere purchase of property with notice that variance is needed is not necessarily self-created hardship. 4. Bonus: (vertical consist., subst. evid.) NJ & NH caveats: require proof that variance won’t substantially impair intent and purpose of plan and ordinance; won’t injure public or private rights of others Use Permits and Conditions : recognized or authorized by ordinance; granted by adjudicatory decision after notice and hearing, which must adhere to legislatively proscribed standards; conditions must relate to use. Floating Zones : boundaries are undefined within a district and “float” over entire district until by appropriate action the boundaries are fixed and it becomes anchored without amending the general zoning ordinance. Rodgers (NIMBY doesn’t want apartments on anchored 10-acre floating zone) upheld the concept as valid. 1. Pennsylvania rejected it in Eves because floating zones await solicitation from individual landowners so the development becomes the plan, which is the antithesis of zoning in accordance with a comprehensive plan. 2. Issue: Is “anchoring” quasi-legislative because the action changes the law? 3. Issue: Is “anchoring” quasi-judicial because the action focuses on a specific property? “Evolved” land use controls: 1. overlay zones – superimposition of a new zoning district on the zoning map’s designations in order to protect specific resources, such as historic buildings 2. performance zoning – determines density in light of environmental constraints of each situs 3. transferable development rights – allowing sale/transfer of rights from one piece of property for use on another Planned Unit Developments : large scale, unified zoning districts designed to create efficient, self-contained communities. Generally, PUDs are: combine land uses and dwelling types, resulting in concentration of roads Encourage increased availability of affordable housing Consider physical, social and economic deficiencies in usable land and municipal objectives Cluster residential land uses to generate open space and reduce infrastructure costs Streamline decisions by increasing local administrative discretion Encourage bargaining between the developer and government, which strengthens the municipality’s site plan review and control over development for potentially increased profits due to land efficiency, multiple land uses, and increased residential densities. Implementation of a PUD can occur by: 1. Being written into the plan, made available by city council with flexible planning guidelines 2. Legislative review and amendment of overlapping (and potentially conflicting) zoning and subdivision regulations Issues with PUDs: arbitrary approvals, inconsistent standards, loss of certainty, abuse of discretion, bargaining away of police power against general welfare Site Plan Review : Retention of discretionary authority. Affords local JX an opportunity to undertake a detailed analysis of precise
Image of page 2
You've reached the end of this preview.
  • Fall '18
  • Robert Strouse
  • developer, Zoning

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern