Planning Law & Land Use

Accessibility

Accessibility refers to the ease with which people can reach desired goods, services, activities, and destinations. In urban planning, it focuses on ensuring that all individuals, regardless of their physical, economic, or social status, can easily and safely access essential resources, such as public transportation, housing, healthcare, education, and employment opportunities.

Urban planners must prioritize physical accessibility by designing infrastructure that accommodates everyone, including individuals with disabilities. This involves removing barriers in public spaces, buildings, and transportation systems, aligning with universal design principles. Ensuring that public transportation is affordable, reliable, and well-connected to various destinations is also critical for enhancing accessibility.

Urban planners should be mindful of how digital services, environmental sustainability, and health factors intersect with accessibility. As technology becomes integral to accessing opportunities, ensuring equitable access to digital infrastructure is important, especially in rural areas.

Promoting active transportation like walking and cycling can improve accessibility while promoting public health, aligning with broader goals of creating sustainable and inclusive cities.

Accessory Dwelling Units 

Last update: September 7, 2024

Accessory Dwelling Units (ADUs) are secondary housing units located on the same lot as a primary residence. These units can take the form of separate structures, converted garages, or apartments within the main house. ADUs are typically smaller than the primary residence and are designed to provide additional housing options without significantly altering the character of a neighborhood.

Urban planners view ADUs as a way to address housing shortages by increasing density within existing residential areas. ADUs can provide affordable housing, support multi-generational living, and offer homeowners a potential source of rental income. They allow cities to accommodate growth without the need for extensive new developments, preserving land and minimizing urban sprawl.

ADUs come with considerations such as zoning regulations, infrastructure capacity, and neighborhood opposition. Planners must ensure that local policies permit ADU construction and that they are integrated into communities in ways that address parking, traffic, and service needs.

Adaptive Use

Adaptive use focuses on the repurposing of existing buildings for new uses. It is often used in sustainable development, historic preservation, and urban revitalization efforts. Benefits of adaptive uses include cost-effective development, economic revitalization, and community preservation.

Adaptive reuse projects often face regulatory hurdles, as existing buildings may not comply with current building codes or accessibility standards. Structural issues, such as deteriorating foundations, and environmental hazards like asbestos or lead paint, can also pose significant challenges.

Common strategies for adaptive uses include historic preservation tax credits, zoning flexibility, and public-private partnerships. Collaborations between government entities, private developers, and community organizations can be instrumental in overcoming financial and regulatory barriers to adaptive reuse.

Examples include converting industrial warehouses into residential lofts, turning old schools into office spaces, turning underutilized strip malls into office spaces.

Affordable Housing

Affordable Housing refers to housing that is reasonably priced, allowing low- and moderate-income households to live without spending an excessive portion of their income on rent or mortgage payments. Generally, housing is considered affordable when a household spends no more than 30% of its income on housing costs (in U.S. case). This type of housing is essential for ensuring that all residents, regardless of income, can access safe, stable, and adequate living conditions.

Creating and maintaining affordable housing often requires policies that encourage its development, such as zoning changes, density bonuses, or public subsidies. These approaches help increase the supply of affordable units in areas where housing costs are otherwise high. Tax incentives or public-private partnerships may also play a role in making affordable housing projects financially viable.

The location of affordable housing is crucial. It should be integrated into neighborhoods with access to essential services like public transportation, schools, healthcare, and employment opportunities. This ensures that residents not only have a place to live but also the ability to easily reach important destinations and resources.

Challenges such as limited land availability, neighborhood opposition, and the potential displacement of residents due to gentrification must be addressed to create lasting affordable housing solutions. Balancing these factors while ensuring equitable access to housing is key to supporting diverse, inclusive communities.

Aging in Place

Contributor: Placeholder   |   Last update: September 7, 2024

Aging in Place refers to the ability of older adults to live in their own homes or communities safely, independently, and comfortably as they age, without needing to relocate to specialized housing or care facilities. It emphasizes maintaining quality of life and autonomy by ensuring that homes and neighborhoods are designed to support the changing needs of aging individuals.

To support aging in place, housing options should be accessible and adaptable. Features such as single-level layouts, grab bars, ramps, and wide doorways can make homes safer and easier to navigate as mobility changes. Additionally, having essential services like healthcare and public transportation nearby is crucial for maintaining independence and ease of access to daily needs.

Public spaces and infrastructure must also accommodate the needs of older adults. Walkable neighborhoods, accessible sidewalks, and age-friendly public areas promote physical activity, social interaction, and overall well-being. Access to community centers, parks, and social services helps prevent isolation and ensures that older individuals can remain active and connected within their communities.

Brownfield Redevelopment

Brownfield Redevelopment refers to the process of cleaning up and repurposing previously developed land that is potentially contaminated by hazardous substances, pollutants, or other environmental challenges. 

Brownfields are often former industrial or commercial sites, such as factories, gas stations, or warehouses, that have been abandoned or underused. Redeveloping these sites can revitalize communities, reduce urban sprawl, and promote sustainable development by reusing land that might otherwise be neglected.

The first step in brownfield redevelopment is assessing the site to determine the extent of contamination. Planners must work with environmental experts to conduct Phase I and Phase II Environmental Site Assessments (ESAs) to identify contaminants and plan for remediation. This process may involve soil removal, groundwater treatment, and other cleanup efforts to make the site safe for new uses.

Brownfield redevelopment offers an opportunity to promote sustainable urban development. Planners should integrate green building practices, renewable energy, and sustainable land use principles into redevelopment plans. This includes considering mixed-use developments, affordable housing, and public spaces that benefit the community while minimizing environmental impacts.

Some challenges of brownfield redevelopment include: cleanup costs, potential legal disputes, or market feasibility concerns.

Building Envelope

Building Envelope refers to the physical barrier between the interior and exterior of a building, including elements like walls, roofs, windows, doors, and foundations. It is designed to protect the interior from external conditions, such as weather, temperature changes, and moisture, while also regulating the flow of energy and air. A well-designed building envelope is crucial for maintaining indoor comfort, energy efficiency, and structural durability.

The performance of the building envelope impacts energy efficiency, as it controls heat transfer and air leakage. Materials with good insulation properties and airtight construction help reduce heating and cooling costs by minimizing energy loss. The design of windows, doors, and ventilation systems also plays a significant role in regulating natural light, airflow, and thermal comfort within the building.

Chronic Disease Prevention

Chronic Disease Prevention involves strategies and actions aimed at reducing the incidence and impact of long-term health conditions such as diabetes, heart disease, and obesity. For urban planners, this means designing and creating environments that promote healthy lifestyles and reduce risk factors associated with chronic diseases.

Urban planners can influence chronic disease prevention by designing communities that encourage physical activity and healthy behaviors. This includes creating accessible parks, walking and biking trails, and recreational facilities that support regular exercise. Additionally, integrating mixed-use developments with easy access to healthy food options, such as farmers' markets and grocery stores, helps promote better dietary choices.

The built environment also plays a role in reducing risk factors related to chronic diseases. Ensuring safe, walkable neighborhoods and improving public transportation can increase physical activity and reduce reliance on cars. Planners can also address environmental factors, such as air quality and access to green spaces, which impact overall health and well-being.

Civic Infrastructure

Civic Infrastructure refers to the fundamental facilities and systems that support the functioning and quality of life in a community. This includes public services and physical assets such as roads, bridges, water supply systems, sewage treatment, public transportation, parks, and government buildings.

Climate Change Adaptation

Climate change adaptation is about preparing for and mitigating the impacts of climate change, such as rising sea levels, extreme weather events, and heatwaves.

Planners can contribute to climate change adaptation in: 

• Identifying at-risk areas: Pinpoint neighborhoods, infrastructure, and populations most susceptible to climate change impacts.

• Designing for extremes: Ensure infrastructure, such as transportation networks, buildings, and water systems, can withstand extreme weather events.

• Investing in green infrastructure: Utilize natural features like trees, green roofs, and bioswales to mitigate stormwater runoff and reduce heat island effect.

• Creating walkable and bikeable neighborhoods: Promote active transportation to reduce carbon emissions and improve air quality.

• Prioritizing green spaces: Increase the amount of green areas to provide shade, absorb stormwater, and improve air quality.

• Planning for compact, mixed-use development to reduce sprawl and increase efficiency.

• Building social resilience: Foster community networks and support systems to help people cope with climate change impacts.

Cluster Development

Cluster Development is a planning and development approach that concentrates buildings and infrastructure in a specific area of a property while preserving the remaining land for open space, agriculture, or environmental conservation. 

Cluster development in economic development refers to the strategy of concentrating interconnected businesses, suppliers, and related institutions in a specific geographic area. It often leads to economic growth in the region by fostering specialized industries and creating synergies among the cluster participants.

• Cluster development often fosters a sense of community by creating walkable neighborhoods with shared amenities like parks, trails, and communal spaces. The design encourages social interaction and a stronger neighborhood identity.

• Concentrating development can reduce infrastructure costs for roads, utilities, and public services. The smaller footprint requires fewer resources to maintain and can be more cost-effective for both developers and municipalities.

• Cluster development often requires flexibility in zoning regulations, allowing developers to adjust lot sizes and setbacks to achieve a more efficient and sustainable layout.

Collaborative Planning

Collaborative Planning is a process where various stakeholders, including community members, government agencies, and private organizations, work together to develop and implement plans and policies. This approach emphasizes shared decision-making, communication, and cooperation to address complex issues and achieve common goals.

Effective collaborative planning involves structured processes such as public meetings, workshops, and advisory committees to facilitate dialogue and collaboration. Planners should also use transparent methods for sharing information and collecting feedback to ensure that all voices are heard and considered. 

Building strong partnerships and maintaining ongoing communication with stakeholders are key to successful collaboration.

Collaborative planning leads to more resilient and adaptable solutions by leveraging collective expertise and resources. It helps create plans that are not only technically sound but also socially equitable and widely supported, contributing to more sustainable and livable communities.

Community Land Trust

Community Land Trust (CLT) is a non-profit organization that acquires and manages land for the benefit of a community. The trust holds the land in perpetuity and provides long-term, affordable access to housing, commercial spaces, and other community assets. By separating the ownership of land from the ownership of buildings or other improvements, CLTs aim to prevent displacement, promote affordable housing, and support community development.

For urban planners, understanding CLTs is important because they offer a mechanism for community-driven land management and development. CLTs enable communities to take control of their land resources, ensuring that development aligns with local priorities and values. This can lead to more equitable and sustainable outcomes by prioritizing affordable housing and preserving community assets.

Community-Supported Agriculture

Community-Supported Agriculture (CSA) is a model where individuals or families purchase shares of a farm's produce in advance, receiving regular deliveries of fresh fruits, vegetables, and other farm products throughout the growing season. This direct relationship between consumers and farmers fosters a sense of community and supports local agriculture by providing farmers with upfront capital and a stable market for their goods.

For urban planners, integrating CSA into community development involves recognizing its potential benefits and addressing the logistical and spatial needs associated with this model. Planners should consider how to facilitate access to CSA programs through zoning and land-use policies that support urban agriculture and local food systems. This might include identifying suitable locations for community gardens, farmer's markets, or distribution centers where CSA shares can be picked up.

Complete Streets

Complete Streets is a planning and design approach aimed at creating streets that are safe, accessible, and accommodating for all users, including pedestrians, cyclists, motorists, and public transit riders. This concept emphasizes the integration of various transportation modes and the inclusion of features that support a vibrant, functional public realm.

For urban planners, implementing Complete Streets involves incorporating several key design elements to ensure that streets meet diverse needs. This includes designing for safe and convenient pedestrian access with features such as wide sidewalks, crosswalks, pedestrian signals, and traffic calming measures. Bicycle infrastructure, such as dedicated bike lanes and bike racks, is also essential for encouraging cycling as a viable mode of transportation.

Public transit accessibility should be a priority, with well-placed bus stops, shelters, and connections to other transportation modes. Planners need to consider the integration of green spaces, street trees, and public amenities to enhance the overall street environment and promote community interaction.

Incorporating Complete Streets principles also involves ensuring that designs are adaptable to the specific context of each neighborhood, addressing factors such as local traffic patterns, land use, and community preferences. By engaging with residents and stakeholders in the planning process, urban planners can create streets that not only improve transportation efficiency but also contribute to a higher quality of life and a more inclusive urban environment.

Comprehensive Plan

A Comprehensive Plan is a long-term strategic framework that guides the development and growth of a community. It outlines a vision for the future, sets goals, and provides a roadmap for achieving them through policies, strategies, and actions. This plan covers various aspects of community development, including land use, transportation, housing, economic development, and environmental sustainability.

The plan should establish clear goals and objectives that address identified issues and opportunities. It includes policies and strategies that outline how to achieve these goals, such as land use regulations, infrastructure investments, and community programs. Planners must ensure that the plan is flexible enough to adapt to changing conditions while providing a consistent framework for decision-making.

Conditional Rezoning

Conditional Rezoning is a zoning process that allows for a change in land use or zoning classification based on specific conditions or requirements set by the local government or planning authority. This process is typically used to address particular concerns or mitigate potential impacts associated with a proposed development, ensuring that the rezoning aligns with community goals and regulatory standards.

For urban planners, understanding and implementing conditional rezoning involves several key steps. First, they must evaluate the proposed rezoning request in the context of the community’s comprehensive plan and existing zoning regulations. This includes assessing how the proposed change aligns with broader land use goals and whether it supports or conflicts with current planning objectives.

The process often includes setting specific conditions that must be met by the applicant. These conditions might address issues such as traffic impacts, environmental protection, infrastructure improvements, or design standards. Planners must carefully negotiate and draft these conditions to ensure they effectively mitigate any potential negative impacts while allowing the development to proceed.

Conditional Use Permit

A Conditional Use Permit (CUP) is a zoning tool that allows a property owner to use their land for a purpose that is not typically permitted under the existing zoning classification, provided that specific conditions are met. This permit is granted on a case-by-case basis and is intended to ensure that the proposed use is compatible with the surrounding area and does not negatively impact the community.

For urban planners, handling Conditional Use Permits involves several critical steps. First, planners need to review the proposed use against the community's zoning regulations and comprehensive plan to determine if it aligns with broader land use goals. They must assess whether the proposed use could create potential conflicts or impacts, such as traffic, noise, or environmental concerns.

Conditions attached to a CUP are designed to mitigate any adverse effects of the proposed use. Planners are responsible for drafting and negotiating these conditions to address specific concerns, such as limiting hours of operation, controlling noise levels, or implementing landscaping requirements. These conditions are intended to ensure that the use fits harmoniously within the existing neighborhood or community.

Conservation Easement

A Conservation Easement is a legal agreement between a landowner and a government agency or a land trust that permanently limits the uses of the land to protect its conservation values. This agreement allows the landowner to retain ownership and use of the land while restricting certain types of development or land use that could harm its natural, scenic, or ecological qualities.

Conservation easements are an important tool for preserving open spaces in both rural and urbanizing areas. Urban planners can use easements to protect green spaces, parks, and natural areas within city limits or on the urban fringe, maintaining the character of the landscape and preventing sprawl.

Landowners who enter into conservation easements may benefit from financial incentives, such as tax deductions, reduced estate taxes, or even cash payments, depending on the terms of the easement. 

Development Agreement

A Development Agreement is a legally binding contract between a local government and a property developer that outlines the terms and conditions for a development project. This agreement sets forth the rights and obligations of both parties, addressing issues such as land use, infrastructure improvements, timelines, and public benefits. Development agreements are often used for large-scale or complex projects where traditional zoning or permitting processes may not adequately address the needs of the project.

The agreement typically grants the developer certain assurances, such as the right to develop the property according to agreed-upon terms without the risk of future zoning changes that could alter the project’s scope. In return, the developer may agree to provide public amenities or infrastructure improvements, such as parks, roads, or affordable housing, that benefit the community.

For urban planners, development agreements are important tools for managing growth and ensuring that private developments align with public interests. Planners work with developers to negotiate terms that balance the needs of the community with the developer's goals, ensuring that the project supports long-term planning objectives, such as sustainability, transportation access, or affordable housing.

Disadvantaged communities

Disadvantaged communities are populations that face significant social, economic, and environmental challenges, often resulting in limited access to resources and opportunities. These communities may experience high levels of poverty, unemployment, inadequate housing, limited access to quality education and healthcare, and exposure to environmental hazards. 

In urban planning, addressing the needs of disadvantaged communities is critical for promoting equity and social justice. Planners must prioritize policies and projects that improve living conditions and provide greater access to essential services, such as affordable housing, transportation, healthcare, and education. Planners also work to ensure that these communities are protected from disproportionate environmental risks, such as pollution or flooding, and that they are given a voice in the planning and decision-making processes.

Improving the resilience and sustainability of disadvantaged communities often involves targeted investments in infrastructure, green spaces, and economic development initiatives. Planners can help bridge gaps by promoting affordable housing, equitable transit options, and inclusive community engagement practices to empower residents and ensure their needs are reflected in planning outcomes.

Cultural District

A Cultural District is an area that is recognized for its concentration of cultural, artistic, and creative activities, institutions, and enterprises. 

Cultural districts are often established to stimulate local economies by attracting tourists, creating jobs, and supporting local businesses, especially in creative industries like galleries, theaters, and artisanal shops. Cultural districts play a key role in preserving and promoting the unique cultural heritage of a community, ensuring that traditional arts and cultural practices are maintained and celebrated.

Zoning regulations need to support a mix of uses within the district, including spaces for performances, galleries, studios, and cultural institutions, as well as residential and commercial areas that can sustain these activities.

Adequate infrastructure, including transportation, parking, and public amenities, is essential for supporting the increased foot traffic and events typical of cultural districts.

Successful cultural districts often involve collaboration between local government, artists, cultural organizations, businesses, and residents. It’s crucial to engage diverse voices in the planning process to ensure that the cultural district serves all segments of the community, including historically marginalized groups.

Challenges include gentrification - displace long term residents and businesses and that the long-term sustainability of cultural districts requires ongoing support, investment, and adaptation to changing cultural and economic conditions.

Cumulative Environmental Effects

Cumulative environmental effects refer to the combined, incremental impacts of multiple individual activities or events on the environment over time. It helps in assessing the full scope of environmental impacts, identifying potential problems that might not be apparent from individual projects, and making informed decisions that protect ecosystems and resources over the long term.

Cumulative effects account for the incremental addition of impacts from various activities. For example, multiple construction projects in a watershed may individually cause minor disturbances, but together they can significantly alter water quality, increase erosion, and affect aquatic habitats.

Activities may have interactive effects, where their combined impact is greater than the sum of individual impacts. For instance, combined air emissions from various industrial sources might lead to more severe air quality issues than each source would alone.

Cumulative effects can arise over time as activities accumulate or evolve, and they can span across different geographic areas. Understanding both the timing and location of activities is essential for assessing their cumulative impact.

Identifying thresholds beyond which environmental effects become unacceptable is crucial. Exceeding these thresholds can lead to significant and potentially irreversible damage to ecosystems and resources. 

Economic Impact Analysis

Economic Impact Analysis is a method used to evaluate the effects of a specific project, policy, or event on the economy of a region or community. This analysis helps determine how changes in economic activity will influence variables such as employment, income, business revenue, and overall economic growth.

Major aspects of economic impact analysis include: 

• Direct Impacts: These are the immediate effects of a project or policy. For example, if a new manufacturing plant is built, the direct impacts include the jobs created at the plant and the local business revenue from its operations.

• Indirect Impacts: These arise from the secondary effects of the initial investment. Using the manufacturing plant example, indirect impacts include the jobs created in supply chains or service industries that support the plant.

• Induced Impacts: These are the economic effects resulting from the spending of wages earned by employees in the direct and indirect sectors. For instance, employees of the manufacturing plant and its suppliers may spend their wages on local services, further stimulating the economy.

• Multiplier Effect: This concept measures how initial economic activities generate additional economic activities. For instance, the spending by new employees creates demand for goods and services, which in turn creates more jobs and economic activity.

• Cost-Benefit Analysis: Economic impact analysis often includes comparing the anticipated benefits of a project or policy with its costs. This helps assess whether the benefits outweigh the costs and whether the project is economically viable.

• Sectoral Analysis: This involves examining how different sectors of the economy are affected. For example, a new transportation project might have significant impacts on the construction, retail, and service sectors.

Ecosystem Services

Ecosystem Services are the benefits that humans derive from natural ecosystems. These services include the provision of resources like food, water, and raw material.

Major ecosystem services are provision services - the tangible products ecosystems provide, such as food, water, timber, and raw material; regulating services - climate regulation, flood control and water regulation, air quality, and water purification; and supporting services - biodiversity and nutrient cycling such as the decomposition of organic matter and the replenishment of soil fertility.

Eminent Domain

Eminent Domain is the legal power of a government to take private property for public use, typically for infrastructure projects like roads, schools, or utilities. In exchange, the property owner is entitled to fair compensation. While it is a powerful tool for advancing public interests, the use of eminent domain can be controversial, particularly when property owners are unwilling to sell or feel the compensation is inadequate.

For urban planners, eminent domain is often a last resort in the implementation of major public works projects or redevelopment efforts. Planners are involved in identifying properties needed for projects and ensuring that the use of eminent domain aligns with broader public goals, such as improving transportation networks, building public facilities, or revitalizing blighted areas. Planners also play a role in determining whether other alternatives exist before resorting to eminent domain.

One of the key challenges associated with eminent domain is balancing public needs with the rights of individual property owners. Displacement and community disruption can occur when properties are taken for public use, especially in low-income or historically marginalized neighborhoods. This makes public engagement and transparent communication essential throughout the process to ensure fairness and minimize harm.

Ultimately, urban planners must approach eminent domain with sensitivity and responsibility, using it only when necessary and ensuring that the rights of property owners are respected, while also advancing the community’s long-term development goals.

Environmental Impact Assessment

An Environmental Impact Assessment (EIA) is a process used to evaluate the potential environmental effects of a proposed project or development before it is carried out. 

The EIA identifies a range of environmental impacts, including:

• Physical impacts: Effects on air, water, soil, and climate.

• Biological impacts: Effects on biodiversity, ecosystems, and wildlife.

• Social impacts: Effects on human health, livelihoods, and communities.

• Cumulative impacts: Long-term effects resulting from the project combined with other activities in the area.

An important part of the EIA is proposing measures to prevent, minimize, or offset the negative environmental impacts of the project. These could include changes in project design, technologies that reduce emissions, habitat restoration efforts, or other strategies that reduce harm to the environment.

Environmental Management Plan (EMP): An EMP is often developed as part of the EIA process. It outlines how environmental impacts will be managed during the project's construction, operation, and decommissioning phases. It includes monitoring plans, emergency procedures, and guidelines for minimizing environmental damage.

EIAs are often mandated by law for projects that may significantly affect the environment. This includes large-scale developments, infrastructure projects, industrial activities, and resource extraction. The legal framework ensures that environmental protection is a key part of the development process.

Environmental Justice

Environmental Justice (EJ) refers to the fair treatment and meaningful involvement of all people, regardless of race, color, nationality, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. The goal is to ensure that no group of people, especially marginalized or disadvantaged communities, bears a disproportionate share of negative environmental consequences from industrial, governmental, or commercial activities.

Environmental justice emphasizes that all communities should have equal protection from environmental harm. This means that no population group should disproportionately suffer from pollution, hazardous waste, or other environmental risks, regardless of their socioeconomic status or ethnicity.

A key aspect of EJ is ensuring that communities affected by environmental decisions have a voice in the decision-making process. This includes providing access to information, allowing for public participation, and considering community concerns in the outcomes of decisions.

EJ seeks to address situations where low-income or minority communities are disproportionately exposed to environmental hazards, such as air pollution, toxic waste sites, industrial facilities, and unsafe drinking water. Historically, these communities have often been overlooked, leading to unequal environmental burdens.

EJ emphasizes the importance of considering cumulative environmental impacts that disadvantaged communities may face from multiple sources. For example, a neighborhood might be exposed to air pollution from nearby factories, contaminated water from industrial runoff, and noise pollution from transportation corridors, leading to compounded health and quality of life issues.

EJ also includes climate justice, which focuses on how climate change disproportionately affects vulnerable populations. Communities that contribute the least to global carbon emissions often suffer the most from its impacts, such as extreme weather, rising sea levels, and food and water insecurity. Climate justice seeks to address these inequities by advocating for policies that protect those most at risk.

Environmental Stewardship

Environmental Stewardship refers to the responsible use and management of natural resources to ensure their long-term sustainability and health. It involves taking actions to protect and restore ecosystems, conserve resources, reduce pollution, and mitigate environmental impacts, with a focus on leaving the environment in better condition for future generations.

Planners integrate stewardship principles by promoting practices such as green infrastructure, energy-efficient buildings, sustainable land use, and the conservation of natural areas. They work to reduce the environmental footprint of development by advocating for policies that address climate change, air and water quality, waste management, and the preservation of open spaces.

Exactions

Exactions in urban planning and land use refer to requirements or conditions imposed by a government on developers as part of the approval process for a development project. These conditions are intended to mitigate the impacts of the development on public infrastructure and services, ensuring that the new project contributes to the community's needs without overburdening existing resources. Exactions may include the dedication of land for public use, the construction of public facilities, or financial contributions, such as impact fees, to fund infrastructure improvements.

The purpose of exactions is to ensure that new developments address the additional strain they may place on public systems, such as roads, schools, utilities, and parks. For example, a large housing development might be required to provide land for a new school or contribute to the expansion of nearby roads to accommodate increased traffic. These exactions help maintain the quality of life for existing residents while supporting sustainable growth.

Urban planners play a key role in determining appropriate exactions, balancing the needs of the community with the financial feasibility for developers. Exactions must be proportionate to the development's impact and have a clear connection to the project's effects on public resources. If not carefully implemented, they can be seen as excessive or unfair, potentially stalling development.

Floodplain Management

Floodplain Management involves the planning and implementation of policies and practices aimed at minimizing the risks and damages caused by flooding in designated floodplain areas. These areas are typically low-lying regions near rivers, lakes, or coastal zones that are prone to flooding. Floodplain management seeks to protect human life, property, and the environment by regulating development, preserving natural floodplain functions, and improving resilience to flood events.

Effective floodplain management includes strategies such as restricting or regulating building in flood-prone areas, enforcing zoning laws, promoting the use of flood-resistant construction techniques, and maintaining natural buffers like wetlands. These practices help prevent severe damage during flood events, reducing economic losses and safeguarding public health and safety.

For urban planners, floodplain management is critical in ensuring that development occurs in ways that do not exacerbate flood risks. This may involve conducting flood risk assessments, revising land-use plans, and incorporating climate change predictions to account for future flood hazards. Floodplain management also integrates the protection of natural resources, as floodplains often provide valuable ecological functions, such as water filtration, habitat preservation, and flood storage.

Form-Based Code

Form-Based Code is a land use regulation framework that focuses on the physical form and design of buildings and public spaces rather than solely on their specific uses. Unlike traditional zoning codes that separate land uses into distinct categories (e.g., residential, commercial), form-based codes emphasize the aesthetics and layout of development to achieve desired urban patterns and enhance the public realm.

In urban planning, form-based codes are used to create more walkable, mixed-use neighborhoods with a strong emphasis on the quality of the built environment. These codes regulate aspects such as building height, frontage, setbacks, and the relationship between buildings and streets. The goal is to promote pedestrian-friendly environments, enhance the character of different areas, and ensure that new development aligns with the community's vision for its urban form.

Form-based codes offer flexibility in land use while maintaining a focus on how buildings interact with their surroundings. This approach allows for a mix of residential, commercial, and recreational uses within a single area, fostering vibrant, mixed-use neighborhoods. By prioritizing design and form, these codes can create more cohesive and attractive urban environments that support community engagement and improve the overall quality of life.

Gentrification

Gentrification refers to the process by which urban neighborhoods undergo transformation due to an influx of higher-income residents, leading to increased property values and changes in the character of the area. While gentrification can result in economic revitalization and improved infrastructure, it often also leads to the displacement of long-standing, lower-income residents and can alter the social fabric of the community.

In urban planning, addressing gentrification involves balancing development and investment with measures to protect and support existing residents. Planners work to ensure that revitalization efforts do not disproportionately displace vulnerable populations. This may include implementing policies that promote affordable housing, provide relocation assistance, and support community development initiatives that benefit both new and existing residents.

Strategies to mitigate the negative impacts of gentrification often focus on preserving affordable housing through rent control measures, housing subsidies, or community land trusts. Planners also work to involve local residents in the planning process to ensure that their needs and perspectives are considered in development projects.

Greenbelt

A Greenbelt is an area of open land, often located on the outskirts of urban areas, that is designated and managed to restrict urban development and preserve natural landscapes. Greenbelts typically include parks, forests, agricultural land, and other green spaces. They serve as a buffer between urban areas and rural or natural environments, providing ecological, recreational, and social benefits.

Greenbelts can function as wildlife corridors, connecting fragmented habitats and allowing animals to move between different areas. This connectivity is crucial for species migration, genetic diversity, and the health of ecosystems.

Managing greenbelts can involve addressing challenges such as encroachment, land management, and funding for maintenance. Effective management requires balancing conservation goals with the needs of local communities and development pressures.

Impact Fees

Impact Fees are charges imposed by local governments on new developments to cover the costs of the additional public services and infrastructure required to accommodate growth. These fees help fund improvements such as roads, schools, parks, water systems, and public safety facilities that are directly affected by new construction. The idea behind impact fees is that new developments should bear the costs of the infrastructure they necessitate, rather than placing the financial burden on existing taxpayers.

From an urban planning perspective, impact fees are an important tool to manage growth and ensure that public infrastructure keeps pace with new development. By using impact fees, municipalities can maintain the quality of services and prevent infrastructure from becoming overburdened as new residents or businesses move into the area. This helps maintain a balance between development and the capacity of public systems to handle increased demand.

The use of impact fees can also influence how and where development occurs, encouraging growth in areas that are better equipped with existing infrastructure or deterring development in areas with inadequate services. However, planners must carefully assess and implement these fees to ensure they do not discourage affordable housing or burden smaller developers, as excessive fees can make new housing and commercial projects less financially viable.

Incentive Zones

Incentive Zones are designated areas within a city or region where specific incentives are provided to stimulate economic development and attract investment.

Types of Incentives:

• Tax Incentives: Reductions or exemptions on property taxes, income taxes, or sales taxes to lower the financial burden on businesses operating within the zone.

• Financial Grants: Direct financial assistance or grants to support business development, infrastructure improvements, or job creation.

• Infrastructure Support: Investments in infrastructure such as roads, utilities, or public transportation to enhance the attractiveness of the zone.

• Regulatory Relief: Simplified zoning regulations, expedited permitting processes, or relaxed land use restrictions to facilitate development.

Inclusionary Zoning

Inclusionary Zoning is a land-use policy that requires or incentivizes developers to include a certain percentage of affordable housing units in new residential developments. The goal is to create mixed-income communities and ensure that affordable housing is integrated into neighborhoods, rather than segregating lower-income households into specific areas. This approach helps increase the overall supply of affordable housing in high-demand areas while promoting socioeconomic diversity.

Inclusionary zoning policies typically offer developers incentives such as density bonuses, reduced parking requirements, or expedited permitting in exchange for including affordable units. These incentives help offset the costs of providing below-market-rate housing, making it more feasible for developers to participate in the program. Some inclusionary zoning programs are mandatory, while others are voluntary but provide financial or regulatory benefits to encourage compliance.

From an urban planning perspective, inclusionary zoning is an important tool for addressing housing affordability and reducing spatial inequality. It helps ensure that affordable housing is distributed throughout a city or region, rather than concentrated in specific areas, which can lead to better access to jobs, schools, transportation, and other amenities for low- and moderate-income households. Additionally, it supports the creation of more diverse, inclusive communities where people of different income levels can live together.

Indigenous Land Rights

Indigenous Land Rights refer to the legal and cultural recognition of the ancestral territories and lands that Indigenous peoples have traditionally owned, occupied, or used. These rights are rooted in the deep historical and spiritual connections Indigenous communities have to their land, which is central to their identity, livelihoods, and cultural practices. Protecting Indigenous land rights involves acknowledging their sovereignty, legal ownership, and the right to manage and control their lands and resources.

In many regions, Indigenous land rights have been violated or ignored due to colonization, displacement, and development pressures. Restoring these rights is critical for addressing historical injustices and preserving Indigenous cultures and ways of life. Legal mechanisms, such as land treaties, agreements, and court rulings, play a significant role in recognizing and protecting Indigenous claims to land.

For urban planners, acknowledging Indigenous land rights is essential when planning for development, land use, and resource management. Ensuring meaningful engagement with Indigenous communities in the planning process helps protect their rights and incorporates their knowledge, values, and priorities into land use decisions. Recognizing these rights also includes preventing land encroachment, respecting sacred sites, and promoting sustainable practices that align with Indigenous stewardship of the environment.

Innovation Districts

Innovation Districts are urban areas where leading-edge institutions and companies cluster and connect with start-ups, business incubators, and accelerators. They are characterized by a mix of economic, physical, and networking assets, and they are designed to foster innovation, collaboration, and economic growth. These districts often emerge in urban cores or near anchor institutions such as universities or research centers and are designed to support the flow of ideas and the commercialization of new technologies.

Planners need to consider flexible zoning regulations that accommodate mixed-use development, including residential, commercial, and industrial spaces. This flexibility encourages a dynamic environment where people can live, work, and socialize in close proximity.

High-quality infrastructure, including reliable broadband, transportation networks, and public spaces, is crucial. Innovation Districts require strong connectivity—both physical and digital—to enable collaboration and the free flow of information.

Land Banking

Land Banking is a strategy used by governments or public entities to acquire, hold, and manage vacant, underutilized, or foreclosed properties with the goal of redeveloping them for community benefit. The purpose of land banking is to prevent land from remaining idle and ensure that it is eventually used for productive purposes, such as affordable housing, commercial development, parks, or other public facilities. This process can be particularly useful in areas experiencing blight, disinvestment, or depopulation, as it helps stabilize property values and revitalizes neighborhoods.

Land banks can acquire properties through tax foreclosures, donations, or purchases. Once in control of the land, these entities may clear title issues, demolish unsafe structures, or prepare the site for redevelopment. They often hold properties until market conditions improve or until they can be transferred to developers or community organizations for projects aligned with local planning goals, such as affordable housing or green space initiatives.

In private practice, land banking refers to the practice where private individuals, corporations, or investors acquire and hold land, typically with the intention of selling it at a higher value in the future or developing it when market conditions are favorable. Unlike public land banking, which focuses on community benefit, affordable housing, or revitalization, private land banking is often driven by profit motives. Investors may purchase vacant, underdeveloped, or strategically located parcels of land and hold onto them until property values rise, infrastructure improves, or development demand increases.

Land Trusts

Land Trusts are nonprofit organizations that acquire and manage land for conservation, preservation, or community benefit. The primary purpose of a land trust is to protect land from development and ensure it is used in ways that align with public or environmental goals, such as preserving open spaces, natural habitats, agricultural land, or providing affordable housing. Land trusts often work in partnership with local governments, landowners, and community organizations to safeguard land for future generations.

There are two common types of land trusts: conservation land trusts and community land trusts. Conservation land trusts focus on preserving natural landscapes, wildlife habitats, and recreational areas. They often acquire land through purchase, donation, or conservation easements, which legally restrict development while allowing landowners to retain ownership. Community land trusts, on the other hand, focus on affordable housing by holding land in trust while allowing residents to purchase or lease the buildings on the land, maintaining long-term affordability.

Land trusts play a significant role in balancing development pressures with the need for environmental sustainability and housing equity. By holding land for the public good, they help prevent land speculation, protect green spaces, and ensure that critical community needs—such as affordable housing—are met. In urban areas, land trusts can be instrumental in preventing displacement and ensuring that low- and moderate-income residents have access to stable housing, even as property values rise.

Legal Standing

Legal Standing in urban land use planning refers to the right of an individual or group to bring a lawsuit or challenge a decision in court, typically regarding development, zoning, or other land-use matters. To have legal standing, a person or entity must demonstrate that they are directly affected by the issue at hand. This usually means showing that the development or decision will cause a specific harm or impact on their property, rights, or interests.

In land use planning, legal standing is critical because it determines who can participate in legal actions or appeals against government decisions, such as zoning changes, building permits, or environmental regulations. For example, a neighboring property owner might challenge a rezoning decision that allows for a high-rise development next to their home, arguing that it would negatively affect their property value, privacy, or access to sunlight. Similarly, environmental groups may seek legal standing to challenge developments that could harm ecosystems or violate environmental laws.

Legal standing ensures that only those with a genuine stake in the outcome can challenge planning decisions, preventing frivolous lawsuits while allowing affected parties to seek legal recourse. It plays a crucial role in shaping how land-use decisions are contested, ensuring that community voices and concerns can be heard in the legal process.

Local Food Systems

Local Food Systems refer to the networks and processes involved in producing, processing, distributing, and consuming food within a specific geographic area, typically with a focus on minimizing the distance between food producers and consumers. These systems emphasize local agriculture, regional markets, and shorter supply chains, prioritizing fresh, seasonal, and sustainably grown food. Local food systems are often seen as a way to strengthen the connection between communities and their food sources, reduce the environmental impact of food transportation, and promote economic growth within local economies.

In practice, local food systems encompass various elements, including farmers' markets, community-supported agriculture (CSA), farm-to-table programs, urban agriculture, and food cooperatives. They are designed to foster sustainability by supporting small-scale farmers, reducing food miles, and encouraging environmentally friendly farming practices. Local food systems also play a role in food security, ensuring that communities have access to fresh and healthy food while promoting resilience by reducing dependence on long global supply chains.

Low Impact Development 

Low Impact Development (LID) is a land planning and engineering approach that aims to manage stormwater runoff as close to its source as possible, mimicking natural processes to protect water quality and associated aquatic habitat. LID emphasizes the use of on-site natural features and engineered small-scale controls to infiltrate, filter, store, evaporate, and detain runoff.   

Techniques such as rain gardens, permeable pavements, green roofs, and bioswales are employed to capture, filter, and infiltrate rainwater, preventing it from overwhelming drainage systems and polluting water bodies.

LID integrates natural drainage systems into urban design. By utilizing natural landscape features like wetlands, riparian buffers, and forested areas, planners can enhance the natural flow of water and reduce the need for conventional drainage infrastructure.

LID incorporates green infrastructure components such as vegetated swales, rain barrels, and green roofs to manage stormwater and provide additional environmental benefits. Green infrastructure not only helps with water management but also improves air quality, reduces urban heat islands, and enhances aesthetic and recreational value.

Man-Made Hazard

Man-Made Hazards are dangers or risks created by human activity that can lead to significant harm or damage. These hazards encompass a wide range of issues, including industrial accidents, chemical spills, transportation accidents, and infrastructure failures. Examples include toxic chemical releases from factories, oil spills from transportation accidents, structural collapses, and pollution resulting from industrial processes.

Mitigation strategies often involve zoning regulations that separate hazardous facilities from residential areas, emergency response planning to address potential incidents, and public education to prepare communities for potential risks. By addressing man-made hazards in planning processes, urban planners help create safer, more resilient communities capable of managing and recovering from industrial or technological incidents.

Mixed-Use Development

Mixed-Use Development is a type of urban planning and design that integrates residential, commercial, cultural, and sometimes industrial spaces within a single development or neighborhood. The concept is rooted in creating vibrant, walkable communities where people can live, work, shop, and socialize in close proximity. By combining different land uses in one area, mixed-use development fosters a more efficient use of land and resources, reduces the need for long commutes, and promotes a lively, dynamic environment.

These developments typically feature a blend of housing units, retail stores, offices, restaurants, and public spaces, often in a vertical format, such as retail on the ground floor with residential or office spaces above. Mixed-use projects can vary in scale, from single buildings to entire districts, and are increasingly seen as a strategy to promote sustainability by reducing car dependency, lowering emissions, and encouraging walking, biking, and public transit use.

For urban planning, mixed-use development plays a key role in creating compact, efficient urban environments that support economic vitality, social interaction, and environmental sustainability. It encourages diverse land use patterns, reduces urban sprawl, and enhances the overall quality of life by providing residents with convenient access to services and amenities. Planners focus on zoning, infrastructure, and design guidelines to ensure these developments are integrated smoothly into the urban fabric and meet the needs of diverse communities.

Nonconforming Use

Nonconforming Use refers to a situation where an existing property or land use does not comply with current zoning regulations but was legally established under previous zoning rules. These nonconforming uses typically arise when a zoning ordinance is updated, and a property that once met the old standards no longer aligns with the new zoning requirements. Common examples include businesses operating in areas that have been rezoned for residential use or older buildings that exceed new height or setback limits.

Although these nonconforming uses are generally allowed to continue operating, they are often subject to certain restrictions. For instance, property owners may not be permitted to expand or significantly modify the nonconforming structure or use. If the nonconforming use is abandoned for a certain period or significantly damaged, zoning laws may require the property to conform to current standards before it can be used again.

Overlay District

An Overlay District is a zoning tool used in urban planning to apply a specific set of additional regulations on top of the existing zoning rules for a particular area. Unlike traditional zoning, which divides areas into exclusive categories (such as residential or commercial), an overlay district allows for targeted regulations or incentives that address specific planning goals without changing the underlying zoning designation. These districts are typically used to guide development in areas with unique needs or conditions, such as historic preservation, environmental protection, or economic revitalization.

Overlay districts can introduce new requirements or relax existing ones, depending on the desired outcome. For example, a historic overlay district might require stricter design standards to preserve architectural character, while a floodplain overlay district might impose additional building regulations to reduce flood risk. Similarly, an overlay district could be used to encourage development in underutilized areas by offering incentives for mixed-use projects or affordable housing.

For urban planners, overlay districts offer flexibility in managing growth and development while addressing specific community objectives. They allow planners to protect valuable resources, guide new development in ways that align with long-term plans, and create more tailored solutions for the needs of a particular neighborhood or corridor.

Participatory Planning

Participatory Planning is a collaborative approach to urban and regional planning that actively involves community members, stakeholders, and various interest groups in the decision-making process. This method seeks to incorporate diverse perspectives and local knowledge into planning efforts to ensure that development projects and policies meet the needs and preferences of the community.

Planned Unit Development

Planned Unit Development (PUD) is a type of zoning and land-use regulation that allows for a comprehensive and flexible approach to community design. PUDs enable developers and planners to create mixed-use developments that integrate various types of land uses—such as residential, commercial, and recreational—into a single, cohesive plan. This approach offers flexibility in terms of design and land use, allowing for innovative solutions and better adaptation to site-specific conditions.

In a PUD, the developer submits a master plan that outlines the proposed layout, land uses, and design standards for the entire development. This plan often includes detailed provisions for open spaces, infrastructure, and community amenities. The flexibility of PUD regulations allows for creative solutions that might not fit within traditional zoning codes, such as reduced lot sizes, varied building heights, or mixed-use buildings. In return, the developer may be required to provide certain public benefits or amenities, such as parks, affordable housing, or community facilities.

Right of Way

Right of Way refers to the legal right to pass through a particular area or to use a specific path or route. In urban planning and transportation, it typically pertains to the land or space designated for the construction and use of infrastructure such as roads, sidewalks, railways, and utility lines. The right of way ensures that transportation and utility services can be provided without obstruction and allows for the maintenance and operation of these essential systems.

Sacred Sites

Sacred Sites are locations that hold significant spiritual, religious, or cultural value to particular communities or groups. These sites are often associated with rituals, ceremonies, or historical events and are considered places of deep reverence and meaning. Sacred sites can include natural features like mountains, rivers, and forests, as well as constructed spaces such as temples, shrines, and monuments.

In urban planning and development, recognizing and respecting sacred sites is crucial for maintaining cultural heritage and fostering community relations. Planners must work to ensure that these sites are protected from development pressures that could damage or alter their significance. This often involves consulting with local communities and cultural experts to understand the importance of the sites and to integrate their preservation into planning processes.

Setback

Setback refers to the required distance between a building or structure and the property line or other designated boundary. This distance is established by zoning regulations or building codes and is intended to ensure adequate space around buildings for purposes such as safety, privacy, aesthetics, and access. Setbacks can apply to front, side, and rear property lines, and their requirements vary depending on the type of zoning district, the building's use, and local regulations.

Setbacks serve several important functions. They help to maintain a consistent streetscape and prevent overcrowding, allowing for light, air, and open space between buildings. They also contribute to safety by providing space for emergency access and utilities. Additionally, setbacks can protect the privacy of neighboring properties and contribute to the overall aesthetic quality of the neighborhood.

Smart Growth

Smart Growth is an urban planning and development approach that promotes sustainable, environmentally responsible, and community-oriented development. It aims to create compact, walkable, and transit-friendly communities with mixed-use development, minimizing urban sprawl, and making efficient use of land and resources. Smart Growth focuses on enhancing the quality of life by fostering economic growth, environmental sustainability, and social equity in both urban and suburban settings.

Smart Growth promotes the use of infill development, which involves building on vacant or underutilized land within existing urban areas, as well as redeveloping older, underperforming areas. This minimizes the need for new developments on greenfields and reduces urban sprawl.

Key elements of smart growth include: 

• Compact development

• Mixed-use development

• Walkability and bikeability

• Public transportation

• Preservation of open spaces

• Affordable housing

• Efficient use of infrastructure 

• Community involvement

Spot Zoning

Spot Zoning occurs when a specific parcel or small area of land is zoned differently from the surrounding properties, often to benefit a particular landowner or developer. This zoning practice can allow uses or developments that are inconsistent with the broader zoning plan for the area, such as permitting commercial activities in a primarily residential neighborhood. Spot zoning is controversial because it can disrupt neighborhood cohesion, create unfair advantages, and lead to land-use conflicts.

While spot zoning can sometimes serve legitimate public interests, such as allowing for a community center or affordable housing project, it is often criticized for being arbitrary or motivated by special interests. Critics argue that it undermines comprehensive planning principles by favoring individual parcels over the broader community goals outlined in zoning ordinances or master plans.

In urban planning, spot zoning should be approached cautiously. Planners need to carefully assess whether the rezoning aligns with long-term community objectives and serves the public good, rather than benefiting a single property owner at the expense of others. Thoughtful planning ensures that zoning changes are consistent with community needs, neighborhood character, and overall development goals.

Stakeholder Engagement

Stakeholder Engagement refers to the process of involving individuals, groups, and organizations who have a vested interest in a project, policy, or decision. In urban planning, stakeholders typically include community members, local businesses, government agencies, non-profits, and interest groups, all of whom may be affected by planning decisions or have input into shaping them. Effective stakeholder engagement ensures that diverse perspectives are considered, promoting more inclusive, transparent, and well-rounded outcomes.

Subdivision Regulation

Subdivision Regulation refers to the set of rules and requirements governing the division of a large parcel of land into smaller lots for development or sale. These regulations are designed to ensure that new developments meet community standards for infrastructure, public services, and environmental protection. They typically cover aspects such as street design, lot size, utility access, drainage, and the provision of open spaces.

The purpose of subdivision regulations is to promote orderly growth and ensure that land is developed in a way that is consistent with a community's comprehensive plan. They help maintain public safety, health, and welfare by ensuring that new developments are properly integrated into the surrounding infrastructure, such as roadways, water systems, and sewers. Subdivision regulations also aim to prevent overcrowding and overdevelopment by controlling density and land use patterns.

Sustainable Agriculture

Sustainable Agriculture refers to farming practices that prioritize environmental health, economic profitability, and social equity. It focuses on producing food in a way that meets current needs without compromising the ability of future generations to meet theirs. Sustainable agriculture aims to minimize negative environmental impacts, such as soil degradation, water pollution, and biodiversity loss, while promoting efficient resource use, such as reducing water and energy consumption.

This approach to agriculture often incorporates practices such as crop rotation, organic farming, agroforestry, and integrated pest management to enhance soil fertility, protect ecosystems, and reduce reliance on synthetic inputs like fertilizers and pesticides. By emphasizing long-term sustainability, these practices also seek to ensure food security, support rural livelihoods, and enhance resilience to climate change.

Sustainable Development

Sustainable Development is an approach to economic growth that seeks to meet the needs of the present without compromising the ability of future generations to meet their own needs. It emphasizes a balance between economic growth, environmental protection, and social equity. 

The goal of sustainable development is to ensure that development today does not lead to environmental degradation, depletion of resources, or social inequality, enabling long-term health and prosperity for both people and the planet.

Key Pillars of Sustainable Development

• Environmental Sustainability: This pillar focuses on protecting natural resources and ecosystems, reducing pollution, mitigating climate change, and conserving biodiversity. Sustainable development promotes the responsible use of natural resources to ensure they are available for future generations while maintaining the integrity of ecosystems.

• Economic Sustainability: Economic sustainability refers to practices that support long-term economic growth without negatively impacting social, environmental, or cultural aspects. It encourages efficiency in resource use, the development of green technologies, and the creation of jobs that contribute to both economic development and environmental health.

• Social Sustainability: Social sustainability emphasizes equity, justice, and the well-being of all individuals. It seeks to reduce poverty, improve living conditions, promote access to education, healthcare, and employment, and ensure that all communities have equal opportunities for prosperity.

Taking

In the context of land use planning, "Taking" refers to a situation where the government seizes or regulates private property to such an extent that it effectively deprives the owner of its use or value, often without formally acquiring the property through eminent domain. This can happen when zoning laws, environmental regulations, or other land use policies significantly limit how the property can be used.

Under the U.S. Constitution's Fifth Amendment, the government is required to provide "just compensation" when it takes private property for public use, a concept known as eminent domain. However, a "regulatory taking" occurs when government regulations are so restrictive that they essentially have the same effect as a physical appropriation of the land, even though the property is not formally seized. Determining whether a regulation constitutes a taking typically involves legal challenges, where courts assess if the regulation goes "too far" in diminishing the property's value or usability.

Tax Increment Financing

Tax Increment Financing (TIF) is a public financing method used by municipalities and local governments to stimulate economic development in a specific area or district. TIF works by designating a geographic area as a TIF district and freezing the current property tax revenues at their existing levels. As property values within the district increase due to development, the additional tax revenue generated by the increase in property values (the "tax increment") is captured and used to finance public infrastructure improvements, economic development projects, or other public investments within the district.

TIF is widely used to encourage development in blighted, underdeveloped, or economically stagnant areas. Urban planners can use TIF to attract private investment, create jobs, and revitalize neighborhoods by funding infrastructure improvements, public amenities, or other projects that enhance the area's appeal.

While TIF can generate significant revenue for development projects, it also carries financial risks. If property values do not increase as anticipated, the expected tax increment may not materialize, potentially leaving the municipality with insufficient funds to cover the costs of the improvements. Planners must consider the broader community impact of TIF projects, particularly on existing residents and businesses. TIF can lead to gentrification and displacement if not managed carefully.

Transit-Oriented Development 

Transit-Oriented Development (TOD) is a planning and design approach that focuses on creating vibrant, mixed-use communities around public transportation hubs, such as bus and train stations. The aim of TOD is to increase accessibility to transit services, reduce reliance on personal vehicles, and promote sustainable urban growth. TOD typically involves integrating residential, commercial, and recreational spaces within close proximity to transit facilities, creating a walkable environment that encourages the use of public transportation.

Key components of TOD include high-density development, pedestrian-friendly design, and a mix of land uses that support a range of activities and services. This approach helps reduce traffic congestion, lower transportation costs for residents, and minimize environmental impacts by decreasing the need for car travel. TOD also fosters economic development by increasing property values and supporting local businesses.

For urban planners, TOD is essential for promoting sustainable urban growth and improving transportation efficiency. Planners must ensure that TOD projects are well-integrated with existing transit infrastructure, consider the needs of diverse community members, and align with broader goals of reducing greenhouse gas emissions and enhancing overall livability. Successful TOD requires careful coordination of land use, transportation planning, and community engagement to create cohesive, accessible, and vibrant urban environments.

Urban Agriculture 

Urban Agriculture involves cultivating, processing, and distributing food within city environments. It encompasses a range of activities, including growing fruits and vegetables, raising livestock, and aquaponics, within urban or peri-urban areas. Urban agriculture can occur in various settings, such as community gardens, rooftop farms, and vertical farming systems, and often aims to increase local food production, enhance food security, and provide green spaces in urban areas.

Urban agriculture offers several benefits, including reducing the carbon footprint associated with food transportation, improving access to fresh produce in food deserts, and fostering community engagement and education. It can also contribute to environmental sustainability by utilizing unused or underused spaces, managing stormwater, and promoting biodiversity.

Urban Growth Boundary 

Urban Growth Boundary (UGB) is a planning tool used to delineate the limits within which urban development is encouraged and outside of which growth is restricted or managed. The primary purpose of a UGB is to control urban sprawl by directing growth to designated areas, preserving surrounding rural and natural landscapes, and promoting more sustainable land use patterns.

UGBs help manage the expansion of urban areas by concentrating development within a defined boundary, which can lead to more efficient use of infrastructure and resources, reduced environmental impact, and increased focus on infill and redevelopment within existing urban areas. By limiting development outside the boundary, UGBs aim to protect open spaces, agricultural land, and natural resources from being converted into urban uses.

Urban Revitalization

Urban Revitalization refers to the process of renewing and enhancing underdeveloped or deteriorating urban areas to improve their economic, social, and physical conditions. This process typically involves a combination of redevelopment, infrastructure improvements, and community engagement to transform areas that may be struggling with issues such as blight, vacancy, or declining economic activity.

Urban revitalization aims to attract investment, increase property values, and improve the overall quality of life for residents. It can include activities such as renovating or repurposing old buildings, improving public spaces, enhancing transportation and infrastructure, and fostering economic development through business incentives or cultural programs. The goal is to create vibrant, sustainable, and economically viable neighborhoods that support diverse populations and contribute to the overall health of the urban environment.

Variances 

Variances are exceptions granted to zoning regulations or land use requirements that allow a property owner to deviate from the established rules or standards. Variances are typically requested when strict adherence to zoning codes would cause undue hardship or practical difficulties due to unique property characteristics or circumstances. They are intended to provide flexibility in zoning laws to address specific situations that do not align with the general provisions of the zoning code.

For instance, a variance might be granted to allow a building to exceed the maximum height limit or to encroach into a setback area if the property has unusual dimensions or topography that make compliance challenging. The variance process generally involves submitting a formal application, presenting the case to a zoning board or planning commission, and demonstrating that the variance will not negatively impact the surrounding area or undermine the intent of the zoning regulations.

Wildfire Mitigation

Contributor: Placeholder   |   Last update: September 7, 2024

Wildfire Mitigation involves strategies and actions taken to reduce the risk and impact of wildfires on people, property, and the environment. It encompasses a range of practices aimed at preventing wildfires, minimizing their spread, and protecting vulnerable areas. Mitigation efforts can include both proactive measures to manage and reduce fire risks and reactive measures to enhance resilience and response capabilities.

Proactive measures in wildfire mitigation might include creating defensible space around properties by removing flammable vegetation, using fire-resistant building materials, and implementing controlled burns or vegetation management programs to reduce fuel loads. Community planning and land use strategies, such as zoning regulations and firebreaks, also play a crucial role in mitigating wildfire risks.

Reactive measures focus on improving preparedness and response capabilities, such as developing emergency evacuation plans, enhancing firefighting resources, and educating the public about fire safety. Effective wildfire mitigation also involves coordinating with various stakeholders, including local governments, fire departments, and residents, to ensure comprehensive and integrated approaches to fire risk management.

For urban planners, wildfire mitigation is essential in designing and managing land use in fire-prone areas. Planners need to incorporate fire risk assessments into development plans, advocate for and enforce building codes that support fire resistance, and collaborate with emergency services to develop effective response and recovery strategies. By integrating wildfire mitigation into planning processes, planners can help create safer, more resilient communities and reduce the overall impact of wildfires.

Zoning

Zoning is a regulatory tool used in urban planning to control land use and manage the development of property within a municipality. It involves dividing a city or region into distinct zones, each designated for specific types of uses, such as residential, commercial, industrial, or mixed-use. Zoning regulations establish the rules for how land can be used and developed within each zone, including aspects such as building height, density, setbacks, and land use activities.

The primary goals of zoning are to promote orderly and compatible development, protect property values, and ensure that land use aligns with the community’s overall planning and growth objectives. Zoning can help separate incompatible uses, such as heavy industry and residential neighborhoods, and guide the development of infrastructure and public services.

Traditional zoning has faced controversy due to several issues related to its impact on urban development and community dynamics. Key points of contention include:

• Segregation of Land Uses: Traditional zoning often separates land uses into distinct categories (e.g., residential, commercial, industrial), which can lead to inefficient land use patterns and the creation of isolated, single-use areas. This separation can contribute to longer commutes, increased traffic, and reduced opportunities for mixed-use developments that promote walkability and vibrant, integrated communities.

• Exclusionary Practices: Traditional zoning can sometimes reinforce socioeconomic and racial segregation by restricting the types of housing and development allowed in certain areas. For example, zoning regulations that mandate large lot sizes or prohibit multi-family housing can limit affordable housing options and exclude lower-income or minority groups from accessing desirable neighborhoods.

• Impact on Housing Affordability: By limiting the types of housing that can be built in certain areas, traditional zoning can contribute to housing shortages and affordability issues. Restrictive zoning can drive up property values and limit the supply of affordable housing options, exacerbating housing crises in many urban areas.

Addressing the controversies associated with traditional zoning involves adopting more flexible and inclusive approaches to urban planning. Potential solutions include: mixed-use zoning, form-based codes, inclusionary zoning, and density bonuses.