October 23, 2008

You're hired to update the zoning code! Now what?

1. Future Land Use Map (FLUM)
2. Make and "As of" date

• Non conforming uses are the exceptions to this date:

1. Preexisting uses
   
2. Cannot expand
3. if destroyed by flood of fire or other act of man or god, they either cannot be rebuilt or must be rebuilt by 6 months after the event (this is the choice of the community during the drafting of the code)
4. grandfathered uses
   

• tangent: how do you get rid of billboards? make an ammortization clause (must get rid of billboard in five years time)

When you revamp a zoning code expect...an increase in filed development plans--> people submit their development plans before the change in order to be reviewed with the past zoning code.

• Zoning tends to be forward looking rather than reactionar
• nuisance ordinances: mow your lawn or else

Rezoning process:
who initiates?

• Planning Commission
• Developer
• Concerned Citizens

What should you (the planner) consider?

• what does the comprehensive plan say?
• spot zoning
• major change to the neighborhood
• what is the current use and zoning?
• what is the proposed use and zoning?

1. A piece of land is zoned R-1 and you want to change it to R-3, what do you do?

• Change the zoning map
• change the FLUM

2. You want to allow daycare facilities on R-1 properties. What do you do?

• Change the text in the form of an Amendment

The Re-zoning Process
1.Quasi Judicial

• findings of fact

2. Elected officials make legally binding decisions
3.Why is it a good/bad thing to go to court?

• it can set a precedent
• it is expensive and can engender lots of bad feelings

4. Re-zoning

Typical Rezoning Proposal

• Single to multifamily
  
• Residential to mixed use
• Agriculture to single fam res
• Ag to industrial
• Commercial to industrial

Conducting a Hearing

• Be respectful
• No more than five minutes from applicant to summarize case
• No more than three minutes from members of the audience (state name and residence)
  
• Tape record the meeting
• Warning--> end the meeting when there if the civility of the discourse declines.
  

Why is zoning poorly used (obviously this question is influenced by T.D.'s opinion)?

• Rigid separation of zoning
• Uniform setbacks
• municipal attorneys are afraid of takings challenges
• farmers and land speculators
• hunt for property tax base/fiscal zoning (zoning with community revenue in mind)
• often inconsistent with Comprehensive Plan

T.D. spent the rest of class showing pictures and going over the test (which he handed back).