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Comprehensive Plan
Zoning
Subdivision Regulations
Today, the term
"planning" is used as though it were a commonly understood
concept. The contrary, however, would probably be more accurate.
There are many who hold incorrect notions about its nature and
scope. Some confuse it with zoning or official mapping; others
assume that it is a legally binding blueprint for land use development;
and still others regard it as a cure-all for urban ills. None
of these notions are correct.
Many definitions of planning have been written. Perhaps the common
element in all of these definitions is the "anticipation
of and preparation for the future". In general, planning
involves an attempt to answer three basic questions:
1. Where are we now? (A question which is usually answered by research and analysis of the existing situation.)
2. Where do we want to go? (A question which involves the formulation of goals and objectives.)
3. How do we get there? (The question which forms the basis for comprehensive plans. It is in answering this question that comprehensive plans are developed.)
The overall goal in such planning is the efficient utilization
of the physical resources of the community and the provision of
a healthy and satisfying environment in which to live and work.
Planning results in a design for future development. This overall
design for community development is known variously as the master
plan, comprehensive plan or general plan. It is not a rigid and
static physical design, but a composite of maps, studies, programs
and policy statements that are intended to serve as guides for
public and private action. Its basic purpose is to recommend courses
of action for the achievement of desired goals and objectives.
With these purposes in mind, it becomes necessary to find the
answers to a number of basic questions as we begin the comprehensive
planning process in any given area. These basic questions include:
1. How many people will be living in the area?
2. What needs and resources will these people have?
3. How will they utilize the land to fulfill their private and public needs?
The major studies required to provide answers to these questions
are consequently concerned with population, economy and land use.
The following provides an outline of these studies and the other
steps involved in the development of a comprehensive plan.
I. Delineation of Planning Area - Area identified as being of primary concern when considering growth and development of the community. Data collected in basic studies will be summarized with reference to this area. Such delineations are tentative and may be subject to revision as basic studies reflect a need for amendment to planning area boundaries. This area includes:
A. Dominant urban center of special interest
B. Adjoining incorporated and unincorporated areas built up in urban uses
C. Vacant land or open country beyond which is expected to go into urban development by the end of the planning period (usually 10 to 25 years). When including these areas, the following should be considered:
1. General growth prospects and anticipated directions of expansion.
2. Likely directions of expansion as affected by natural and man-made features such as:
a. Broad patterns of natural drainage areas
b. Areas economic to sewer
c. Special features which are likely to attract growth such as lakes and hills
d. Highway patterns and transportation facilities
e. Existing service area boundaries
f. Other natural and man-made features
D. Generalization of area to follow lines readily identified on the ground such as:
1. Watercourse lines
2. Ridge lines
3. Highways
4. Civil division lines
5. Other existing features
II. Basic Studies - Planning involves an attempt to answer three basic questions:
Where are we now?
Where do we want to go?
How do we get there?
In order to answer the first of these questions, three basic studies are required. These include studies of population, economy and land use.
A. Population - In conducting population studies, three factors are of primary concern. These are the size of the population, the composition and characteristics of the population, and the distribution of the population. In all three cases, we are concerned not only with the existing population, but also with projections of future population which will allow the anticipation of needs and requirements of future years.
1. Size - Population size gives an indication of the overall dimensions of the physical environment and supplies a basis for determining space needs for various types of land use. When this size is projected into future years, it becomes a basis for estimating future dimensions and future space requirements.
2. Composition - Population composition considers the qualitative characteristics of the population such as age groups, household sizes and income composition. Studies of composition assist in estimating residential space requirements for various dwelling types consistent with existing and anticipated family sizes, income levels and the needs of each age group in the population. Such studies also assist in determining the amount of space needed for recreation areas, schools and other community facilities for all segments of the population including small children, teenagers, families and the elderly.
3. Distribution - Studies of population distribution provide clues as to how and where various land uses and facilities should be located in the area in order to meet the needs of the citizens.
B. Economic Studies - A knowledge of the structure and functioning of the urban economy is fundamental to all land use planning analyses. The destiny of an urban center is controlled by the extent and character of its productive or income-producing activity and by its general vitality. Studies of the economic basis for this activity hold the key to how the city has developed to where it is today and what its future prospects are. Stated another way, most metropolitan areas flourish because they serve as centers for the production and distribution of goods and services. Production and distribution functions create jobs, and employment opportunities attract people.
Basically, the urban economy is a system of production, distribution and consumption embracing the sum total productive activity within and urban center and that part of its hinterland which is dependent to a marked degree on facilities and services available in the city. Productive activity thus refers not only to manufacturing, agricultural and extractive activity in which products are processed and/or marketed, utilizing facilities and services of the city, but also to trade, finance, transport, government and other services using the city as a base of operations. Thus defined, productive activity in a localized economic area possesses the characteristics and dynamics of a miniature national economy.
C. Land Use Studies - Land use studies are designed to provide basic data on land characteristics and the various activities that occupy land in the planning area. These data are used in analyzing the current pattern of urban land use and serve as the framework for formulating the long-range land use plan. The land use plan establishes the character, quality and pattern of the physical environment for the activities of people and organizations in the planning area.
1. Compilation of data on physiographic features - mapping the urban setting. The mapping of the urban setting provides the medium for recording and presenting information on the natural features of the urban setting and the manner in which these have been altered and put to use in streets, blocks and lots for urban living. This phase of study allows the development of a variety of reference maps which may include:
a. Engineering survey maps
b. Topographic maps
c. Drainage maps
d. Property maps
e. Highway maps
f. Soils maps
g. Geological hazard maps
h. Maps showing street right-of-way lines
i. Maps showing rail lines and right-of-way
j. Maps showing water courses and lakes
k. Maps showing property lines and easement lines
l. Maps of existing structures
m. Maps showing street names and major points of interest
2. Land Use Surveys - Land use surveys are concerned with classifying and recording space as to its use.
3. Vacant Land Survey - The vacant land survey classifies and records the use capabilities of the vacant parcels within the urban area and the open land at the periphery of the urban area not yet in urban use. This survey results in what is usually referred to as a land capabilities map and a statistical summary of the general characteristics of vacant and open land, considering topographic and drainage factors and the kinds of public utilities and other improvements presently serving these areas. The land use and vacant land maps thus account for all land in the urban study area.
4. Hydrological study - The hydrological study provides information about water areas important in determining uses to be made of adjoining land areas. It examines the natural drainage system and brings to bear information on flood potential which is needed in later land use planning studies.
5. Structural and Environmental Quality Survey - The structural and environmental quality survey classifies and records the physical condition of structures in the city, the quality of their environment, and other factors associated with urban blight and obsolescence. This survey involves investigations of social, health, and economic as well as physical indicators of blight. It results in what is usually referred to as a blighted areas may and supplemental statistical summaries of the incidence of physical deterioration and obsolescence. This study indicates where there may be flexibility for replanning. The blighted areas may, along with the land capabilities map, furnish a picture of the areas where urban renewal and the other through urban extension, the two basic processes of urban growth.
6. Cost - Revenue Studies - Cost - revenue studies of land use examine prevailing public policies and practices in supplying services and facilities for various classes of land use in differing areas of governmental jurisdiction, and develop cost - revenue estimates indicating the implications for municipal finance of land development at various intensities and densities under existing or assumed changes in prevailing policies and practices. These studies are concerned with the economy of land development as a public interest consideration as opposed to the economics of development arising through the operations of builders and developers functioning within the framework of the urban land market.
7. Land Value Studies - Studies of land values, both spatial and temporal aspects, provide clues as to the way land has been prices in the urban land market and thus what the most economic use might be. These studies have a direct relationship to land use and vacant land analysis and provide a basis for taking into account the implications that land use proposals hold for the structure of prevailing land values.
8. Studies of Aesthetic Features - Studies of aesthetic features of the urban area identify distinctive locations and vistas, or foci and axes, natural features with special development potentialities, special building groupings with symbolic significance, and so on.
9. Studies of Public Attitudes and Preferences - Studies of public attitudes and preferences in the use of land supply important information to be taken into account in fitting the land development plan to livability concepts of the people of the urban area.
10. Transportation Study - Provides data on the movement of people and goods in the planning area.
III. Identification of Goals and Objectives
The identification of goals and objectives seeks to answer the second of the basic questions involved in planning. "Where do we want to go?" Broadly, land use goals and objectives are guides to the way in which land development should proceed in fulfillment of basic needs and wants of residents, firms and institutions of the metropolitan area concerning interaction opportunities, living qualities, costs and minimum levels of health and safety. More specifically, the statement of goals and objectives broadly identifies the kind of urban environment it is expected that proposals of the comprehensive plan will achieve when development subsequently occurs in the urban area. Goals and objectives should be formulated for each element of the comprehensive plan.
A. Goal - A goal is the end toward which effort is directed but is never reached; it is something to be sought, not something to be achieved. It is general and timeless.
B. Objective - An objective is an end of action, a point to be reached. It is capable of both attainment and measurement. Objectives are successive levels of achievement in the movement toward a goal.
IV. The Plan
Once basic studies have been completed and goals and objectives have been defined, it is necessary to begin actual development of the comprehensive plan. As will be noted below, the Plan presents the findings of the basic studies and other considerations made prior to development of the Plan. The Plan considers both present and anticipated future condition in the planning area, and presents alternatives which are available for reaching the communities goals and objectives. Once an alternative has been selected for reaching the defined goals and objectives, the Plan traces the steps necessary for implementing the selected alternative. In general, the comprehensive plan is an official public document adopted by a local government as a policy guide to decisions about the physical development of the community. It indicates in a general way how the citizens of the community want the community to develop in the next 20to 30 years. The following presents an outline of the basic elements and considerations contained in the Comprehensive Plan.
A. Introduction
1. Nature of the Plan
2. Goals and Objectives
3. Policies
B. The Urban Setting
1. History
2. The planning area
3. Population
a. Current
b. Future projections
4. Economic characteristics
5. Physiographic characteristics
a. Location and climate
b. Topography
c. Soils
d. Geology and ground water
e. Drainage
f. Geological hazards
6. Land use characteristics
a. Existing land use
b. Vacant land
c. Housing characteristics
d. Structural and environmental quality
e. Land values
f. Aesthetic features of the area
7. Political characteristics
a. Town government
b. Regional context
c. Water districts
d. Special districts and associations
C. Development of Alternatives
1. Alternative 1
2. Alternative 2
3. Alternative 3
4. Others
D. Future Land Use Plan
1. Development of land uses
a. Agriculture
b. Extraction - mineral resources
c. Residential
d. Wholesale
e. Commercial
f. Industrial
g. Open space
h. Recreation
2. Development of urban systems
a. Transportation
b. Water and sewer
c. Gas - Natural
d. Electric
e. Telephone
f. Storm drainage
3. Development of public services
a. Cultural - libraries, museums
b. Hospital and health centers
c. Welfare facilities
d. Public buildings
e. Fire protection
f. Police protection
g. Schools - educational facilities
4. Environmental protection
a. Air quality
b. Water quality
E. Capital Improvements
1. Public improvements programs
2. Redevelopment programs
F. Implementation
1. Zoning
2. Subdivision regulations
3. Building codes
G. Summary and conclusions
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WHAT IS A COMPREHENSIVE PLAN?
A comprehensive plan is an official public document adopted by a local government as a policy guide to decisions about the physical development of the community. It indicated in a general way how the leaders of the government want the community to develop in the next 20 to 30 years. Because it is general and agencies devote more of their time to charting approximate, it is not a piece of legislation.
It is often said that the essential characteristics of the plan are that it is comprehensive, general, and long range. "Comprehensive" means that the plan encompasses all geographical parts of the community and all functional elements which bear on physical development. "General" means that the plan summarizes policies and proposals and does not indicate specific locations or detailed regulations. "Long range" means that the plan looks beyond the foreground of pressing current issues to the perspective of problems and possibilities 20 to 30 years in the future.
Three technical elements are commonly included: the private uses of land, community facilities, and circulation. The first element is sometimes called a "land use plan". Included are the residential, commercial, industrial, institutional, and other basic uses of land. The residential proposals imply a plan for the distribution of the population. The commercial section usually gives special attention to the central business district. The community facilities element concerns those structures and areas -- whether public or private -- which provide supporting services for the population and the basic nonresidential activities. Included are school, hospitals, libraries, police and fire stations, civic enters, parks and playgrounds, churches, cemeteries, and cultural facilities. The comprehensive plan does not identify specific sites for these facilities, but only indicates the approximate areas in which they will be needed. The circulation elements consists mostly of proposals for highway facilities and mass transit improvements (whether rail or bus). There may also be proposals for off-street parking, railroad and bus stations, airports, the port, the special needs of trucking, and pedestrian circulation.
Among most city planners, the preparation, adoption, and use of a comprehensive plan are considered to be primary objectives of the planning program. Most of the other plans and procedures applied in the course of local planning are theoretically based upon the comprehensive plan.
Several other documents used in local planning are often confused with the comprehensive plan -- in particular, the zoning ordinance, official map, and subdivision regulations. These are specific and detailed pieces of legislation which are intended to carry out the general proposals of the comprehensive plan.
Particularly troublesome has been confusion between the zoning ordinance and the section of the comprehensive plan dealing with the private uses of land. Both deal with the ways in which privately-owned land will be used, but the plan indicates only broad categories for general areas of the city, whereas the zoning ordinance delineates the exact boundaries of districts and specifies the detailed regulations which shall apply within them.
ZONING
Zoning is essentially a means of insuring that the land uses of a community are properly situated in relation to one another, providing adequate space for each type of development. It allows the control of development density in each area so that property can be adequately serviced by such governmental facilities as the street, school, recreation, and utilities systems. This directs new growth into appropriate areas and protects existing property by requiring that development afford adequate light, air and privacy for persons living and working within the municipality.
Zoning may be defined as the division of a municipality (or other governmental unit) into districts, and the regulation within those districts of:
1. The height and bulk of buildings and other structures;
2. The area of a lot which may be occupied and the size of required open spaces;
3. The density of population;
4. The use of buildings and land for trade, industry, residence, or other purposes.
The characteristic feature of the zoning ordinance that distinguished it from most other regulations is that it differs from district to district, rather than being uniform throughout the city. Thus, a given area might be restricted to single-family residential development with height regulations, minimum lot size requirements, and setback provisions appropriate for that kind of development. In other areas, commercial or industrial development might be permitted, and regulations for those area would be enacted to control such development. Building code provisions or sanitary regulations, on the other hand, normally apply to all buildings in a certain category regardless of where they may be situated within a city.
ZONING AND COMPREHENSIVE PLANNING
From the attention given the subject by legal writers and in court decisions, it is clear that confusion exists as to the distinction between "planning" and "zoning". In reality, zoning is one of many legal and administrative devices by which plans may be implemented.
ZONING AS DISTINGUISHED FROM OTHER DEVICES
It is desirable that zoning be used in a coordinated manner with other devices for carrying out plans, and that there be a clear understanding of the difference between zoning and these other devices.
Zoning has nothing to do with the materials and manner of construction of a building; these are covered by the building code.
The zoning ordinance does not regulate the design of streets, the installation of utilities, the reservation or dedication of parks, street rights-of-way, and school sties, and related matters. These are controlled by subdivision regulations.
Zoning is primarily prospective rather than retroactive in its effect and cannot, as a result, be relied on as a major device for correcting existing conditions.
The zoning ordinance is designed particularly to control private development, as distinguished from public improvements. All private property within the governmental unit's jurisdiction is usually subject to its terms.
The zoning ordinance is one of the necessary tools for implementing the community's land use plan and, therefore, should be prepared along with this plan by the planning commission, which, as a continuing body, remains available for advice from time to time concerning amendments to the ordinance.
Some of the most common defects found in zoning ordinances are the following:
1. The ordinance is not based on a comprehensive plan, and its objectives have never been clearly defined; consequently individual provisions work at cross-purposes and serve primarily as an erratic brake on development.
2. The ordinance provisions authorize particular uses only where the neighbors consent. This is a particularly pernicious regulation.
The foregoing has been an attempt to acquaint the reader with an outline of the philosophy of zoning and to emphasize the fact that it cannot be separated from the planning process which culminates in a comprehensive plan of which zoning is but one of the tools of implementation.
LAND SUBDIVISION REGULATIONS
Subdivision regulations are locally-adopted laws governing the process of converting raw land into building sites. They normally accomplish this through plat approval procedures, under which a developer is not permitted to make improvements or to divide and sell his land until the planning commission has approved a plat (map) of the proposed design of his subdivision. The approval or disapproval of the commission is based upon compliance or noncompliance of the proposal with development standards set forth in the subdivision regulations. In the event that the developer attempts to record an unapproved plat in the local registry of deeds (or county recorder's office) or to sell lots by reference to such a plat, he may be subject to various civil and criminal penalties.
Subdivision regulations may serve a wide range of purposes. To the health officer they are a means of insuring that new residential developments have a safe water supply and sewage disposal system and that they are properly drained. To the tax official they are a step toward securing adequate records of land titles. To the city engineer or public works director they are a means of assuring safe design and proper construction of new streets, utilities, and drainage systems--as well as providing a record of the location of underground utilities. To the fire chief they are a means of securing water systems of adequate size and pressure for fire-fighting and streets on which his trucks can maneuver. To the school or parks official they are a way to preserve or secure the school sites and recreation areas needed to serve the people coming into a developing neighborhood. To the lot purchaser they are an assurance that he will receive a buildable, properly oriented, well-drained lot, provided with adequate facilities to meet his day-to-day needs, in a subdivision whose value will hold up over the years. To the responsible developer they are protection against substandard competitors who might either undersell him or destroy the value of his well-planned subdivision with a shoddy one nearby.
From the specialized view of the planner, subdivision regulations are important at two distinct levels. First, they enable him to coordinate the otherwise unrelated plans of a great many individual developers, and in the process to assure that provision is made for such major elements of the land development plan as right-of-way for major thoroughfares, parks, school sites, major water lines and sewer outfalls, and so forth. Second, they enable him to control the internal design of each new subdivision so that its pattern of streets, lots, and other facilities will be safe, pleasant, and economical to maintain.
As in the case of other local regulations, their scope, geographical coverage, and procedures are largely governed by the authority under which they are enacted.
A critical provision of all such acts is the definition of a subdivision, which specifies the nature of the actions subject to regulation. The Standard Act has a broad definition:
The definition of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or building development.
The Standard Act vests municipalities with power to regulate subdivisions both inside their limits and for a distance of five miles beyond their boundaries, on the premise that much developmental activity takes place in unincorporated areas which will eventually be annexed by a growing city. All states allow at least some of their municipalities to regulate subdivisions, and about half the states give them extraterritorial powers ranging from one to six miles beyond their limits.
The Standard Act designates the planning commissions as the plat-approval agency, but only after it has adopted a major street plan to furnish a basis for its decisions. Most of the states follow the Standard Act in giving this authority to the planning commission.
As another prerequisite to the exercise of approval authority, the Standard Act requires the planning commission to adopt written regulations stating its requirements, so as to avoid arbitrariness in dealing with individual cases.
Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air and for the avoidance of congention of population, including minimum width and area of lots.
Such regulations may include provisions as to the extent to which streets and other ways shall be graded and improved and to which water and sewer and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of the plat.