Agenda - 11-25-1985 - Laserfiche WebLink

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8-3 • INcENTivE ZONING § 8.01[2] failure of traditional zoning to take an affirmative approach toward land use control has resulted in irregular and fragmented growth of urban areas and the lack of adequate amenities,such as parking and open spy.s In recent years, there has been an increasing effort by urban plan- ners to encourage private developers to make cities more attractive, . - j and to provide increased public amenities and conveniences. One of • the land use techniques that has been successfully employed to ac- complish this objective is incentive or bonus zoning.6 Incentive zon- ing has encouraged otherwise uneconomic development in accord- ance with urban design policies selected by the municipality.' [2]—Incentive or Bonus Zoning Defined Incentive or bonus zoning is a land use control technique by which a builder or developer agrees to provide certain amenities that the For regulations designed to regulate the cubic content of a building,or the ratio between floor area and lot area(the FAR)as important density control devices,see Frischkorn Construe. Co. v. Lambert, 385 Mich 556, 24 NW2d 209(1946).The FA technique is discussed in § 8.01[4] infra. 1 - R_ 5 See Benson,"Bonus or Incentive Zoning--Legal Implications,"21 Syracuse L Rev 895 (1970) where the author notes that "the failure of traditional land use control can be seers in the dreary,monotonous suburban developments which have sprung up around every major city in the country,or in sterile,monolithic office buildings in which hundreds of people work and through which hundreds more pass daily and in which no provisions have been made for parking spaces,food service, public rest rooms,public telephones, or simply a place to sit down." 6 See Costonis, "The Chicago Plan: Incentive Zoning and the Preservation of -Urban Landmarks," 85 Hary L Rev 574(1972). 7 For a general discussion of incentive zoning theory and techniques,see Marcus and Groves, The New Zoning:LegaL Adniintttrative, and Economic Concepts and Techniques(Praeger Publishers, 1970)[hereinafter called New Zoning];6 Powell on Real Property, 1(865.4(Matthew Bender&Co.);Freilich,"Awakening the Sleeping Giant:New Trends and Developments in Environmental and Land Use Controls," 1974 Institute on Planning. Zoning and Eminent Domain 1 (SW Legal Found, Matthew Bender&Co.);Marcus, "Mandatory Development Rights Transfer and the Taking Clause:The Case of Manhattan's Tudor City Parks,"24 Buffalo L Rev ! I 77 (1974); Costonis, "'Fair' Compensation and the Accomodation Power: An- _ tidotes For the Taking Impasse in Land Use Controversies,"75 Colum L Rev 1021 (1975); Elliott and Marcus, "From Euclid to Ramapo: New Directions in Land Development Controls," 1 Hofstra L Rev 56(1973);Benson."Bonus or Incentive Zoning—Legal Implications," 21 Syracuse L Rev 895 (1970). . - (Zoning Law) • r-0 ...1---1-4".1""'"' ',, y .v., •