Plan Implementation
What you must know
Implementation is where plans meet law and money. On the regulatory side: use districts and bulk standards, variances (unnecessary hardship), special or conditional use permits, site plan review, planned unit developments, overlay districts, form-based codes, design review, nonconforming use provisions, amortization, and spot-zoning prohibitions. On the value-capture and incentive side: density bonuses, incentive zoning, transfer of development rights, inclusionary housing, exactions and impact fees (which must satisfy nexus and rough proportionality), development agreements, adequate public facilities or concurrency requirements, and urban growth boundaries. On the fiscal side: capital improvement programs, tax increment financing, special assessment and business improvement districts, and grant programs. On the land side: eminent domain, annexation, conservation easements, and code enforcement.
Traps
Distinguish a variance (hardship relief from a standard) from a special use permit (a listed use allowed with conditions) and from a rezoning (a legislative change of designation); a hardship created by the applicant does not qualify. Impact fees must be tied to the capital cost of serving new development. TIF diverts the increment above the base, not the whole tax bill. Nonconforming uses may continue but generally cannot expand.
Rule of thumb
Ask what the plan wants, then which tool legally and fiscally delivers it. If the tool takes property or conditions approval, run the takings and exaction tests before adoption.