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| Specialized agencies created by the local government that cannot make policies, but they can make decisions (example: planning commission: historic district board) |
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| central mechanism of planning |
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| Capital Improvement Program |
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| A short term plan that identifies capital projects and equipment purchases and provides a schedule and means of financing the plan |
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| It is when the state gives governing power to the local government |
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| This is an example of enabling legislation where the city can make its own laws as long as they aren't forbidden by the state (Oregon has this) |
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| This is a type of enabling legislation where the state delegates what powers the city has to make laws instead of letting them have free rein (Washington has this) |
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| Revised Code of Washington |
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| A set of laws and regulations for the local governments to follow since the state is under home rule |
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| It defines the organization, powers, functions, and procedures of the city government |
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It is the authority of the community to regulate the individual (private interests) for the good of the community in order to protect "safety, health, welfare, and morals"
EXAMPLE: a law limiting building height to prevent permanent shaded areas |
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| Government has the right to take property for public purposes with just compensation |
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| When a policy or law is not clear enough for the public to understand and therefore it is unenforceable |
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| States that states must observe the minimal requirements established by the Constitution (but they can add onto them if they want to) |
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| a regulation must advance legitimate state interests (public health, safety, morals, and welfare) |
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| requires acceptable procedures in administrative decision making, especially when taking property away |
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| In planning, it gives people equal rights on how their property can be developed |
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| This is an objection to an entire ordinance on the basis of it being unconstitutional |
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| As-applied attack challenge |
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| This is an objection to a particular application of an ordinance as being unconstitutional |
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| Village of Euclid vs Ambler case |
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| Developer used the argument of substantive due process and equal protection to say that they should be able to put industry on their residential lot. Government said nope due to the nuisance law |
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| Developer argued equal protection when denied the right to develop this historical place as high as the surrounding buildings. He lost because landmark is good for the public. |
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| Owner said that an illegal taking took place when a new ordinance made his lot a low density zone and restricted his development. Court said it was not illegal because the ordinance conserved land for the public |
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| The DOA limited mining which companies thought was an illegal taking of property, but Supreme court said it was not. |
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| Nollan v California 1987 case |
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| Government said people could build beach houses only if they dedicated an easement to allow people to cross the beach. People said this was an infringement on the 5th amendment. Court said there was not a nexus so there was no easement |
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| when the government places a condition on a piece of land where if developed, the developer must mitigate negative impacts |
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| a connection between issues |
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| Dolan vs City of Tigard 1994 case |
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| City gave property owner an exaction if she wished to expand her store which she argues was uncompensated taking of property. Supreme court found nexus but was not related in nature and extent. |
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| Hawaii put a charge cap on oil companies and the companies thought this was taking away of property rights and made a facial attack. Court said Hawaii could not do this because it did not advance a legitimate interest. |
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| Town used eminent domain to take private property and sell it to private developers. Private owners claimed taking. Court said it was OK since development would be for public use and they followed an economic plan. |
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| Outright and Conditional Use |
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| Development that follows the ordinance (R2 means small residential...) |
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| Development that is grandfathered in despite differences in zoning classification |
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| width in front of the property |
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| restriction of how far in front you can build on a property |
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| deviation from the land use rules. Like being allowed to encroach on a setback due to stream buffer |
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| when something like a mall causes a decrease in property tax for surrounding residential areas |
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| an application of zoning in an area where rezoning is usually at odds with current zoning restrictions, usually to benefit the individual only. Means that its in an area within a larger district, inconsistent with surroundings, non in accordance with master plan, and has no relationship to general welfare. |
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| excludes certain types of people from a given community such as imposed density controls to prohibit multi-family dwellings |
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| Increase in density for providing public benefits such as LEED certification, open space, workforce housing or public amenities |
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| Transfer of Development Rights |
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| Giving away development rights to places in urban areas (urban areas usually get density bonuses for this) |
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| putting lots closer together to maintain average density and to set open spaces aside |
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| allows for varied compatible land uses in one area (parks, housing, recreation, shopping) |
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| places emphasis on the physical form of the development (on what the area will actually look like) and is more flexible about permitted uses (based on forms) |
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| control by a public body of the planning and conversion of undeveloped land into building lots (its a land use control) |
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| map of subdivision layout |
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| ensures that new development does not outstrip local government's ability to handle it (must be sufficient infrastructure) |
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| Gurantees repayment from the municipal government, and a court can order municipal governments to use other resources to repay (often based on property tax) |
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| given with the expectation of generating revenue (toll roads, airports). They are not the governments problem and there are no debt limits |
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