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MAY 1999
<br />
<br />AMERICAN
<br />PLANNING
<br />ASSOCIATION
<br />
<br />So You're Gonna Revise
<br />the Zoning Ordinance!
<br />Part One
<br />
<br />By Leslie S. Pollock, AICP
<br />
<br />W~'hen the mayor and city council announce it is time to
<br />revise the zoning ordinance, they unleash a process
<br />that will involve consideration of issues that at first blush,
<br />appear totally unrelated to zoning. Persons who believe they
<br />are well versed in the zoning ordinance will invariably
<br />discover that some assumptions or premises about the
<br />ordinance are not true and that the unintended consequences
<br />of certain zoning requirements are legion. Even the zoning
<br />administrator--typically the person most knowledgeable
<br />about the intricacies of the ordinance-~can always find
<br />something new and disquieting, as little-used provisions are
<br />examined, dissected, and discussed.
<br />
<br />Zoning does much more than "regulate
<br />land use." The detailed policies and
<br />standards contained in the ordinance
<br />effectively structure the community's policy
<br />in many other areas, including urban
<br />design, housing, environmental quality,
<br />property value, traffic, and transportation.
<br />
<br /> This issue of ZoningNews explores issues related to who is in
<br />charge of revising the ordinance, assessing the state of the
<br />present ordinance, and determining the necessary changes. Next
<br />month's issue moves readers through the process of a zoning
<br />redraft, including current approaches and techniques for the
<br />ordinance outline and organization, administrative provisions,
<br />district structure, development standards, definitions, and
<br />reviewing and adoption.
<br /> The scope and implications of the revision are rather
<br />significant, given that zoning does much more than "regulate
<br />land use." The detailed policies and standards contained in the
<br />ordinance effectively structure the community's policy in many
<br />other areas, including urban design, housing, environmental
<br />quality, property value, traffic, and transportation. Moreover, it
<br />does this in a degree of detail that makes the policies of the
<br />comprehensive plan resemble community design as if done with
<br />a blunt instrument. The zoning revision usually comes after a
<br />comprehensive plan update, and it is often during that update
<br />that community leaders working to secure support of the plan
<br />point out that the policies in the plan are flexible. The zoning
<br />ordinance is just the opposite, with many of its policies
<br />
<br />inflexible and many of irs standards unbending. Moreover,
<br />while a substantial number of these standards have been codified
<br />and sanctified by years of use, community leaders are not always
<br />sure of the origins, reasons, utility, and impacts of certain
<br />development standards in the ordinance.
<br /> The ordinance rewrite generates new constituencies. Groups
<br />appear that favor the existing development patterns and believe that
<br />the status quo ought to be preserved, telling city officials that the
<br />strength of the present ordinance has made such development
<br />patterns. Other groups come forward asking for modifications to
<br />serve the needs of one constituency or the other. Some
<br />constituencies ask for more controls while others ask for fewer.
<br />
<br />The Zoning Revision Process
<br />How does one balance these conflicts? How does one determine
<br />what standards to keep and what standards to change? How
<br />does the community make the ordinance more flexible yet still
<br />predictable--as is often the cry--and continue protecting the
<br />ever-present issue of local property values? Every community
<br />approaches an ordinance revision in a manner best suited to the
<br />issues faced by the community, the politics of the moment, and
<br />the resources available. Some communities jump head-first into
<br />the process. Most, however, think the zoning revision process
<br />through and decide that they would be best served by a basic
<br />five-step process:
<br />
<br />· Put someone in charge.
<br />
<br />· Identify what is wrong with the ordinance.
<br />
<br />,, Agree upon the scope of changes necessary.
<br />
<br />· Redraft the ordinance.
<br />
<br />· Review and adopt the ordinance.
<br />
<br /> The strength of this process is that it can involve people who
<br />are interested or concerned, it approaches the ordinance revision
<br />in a sequential manner and builds consensus on proposed
<br />changes, and it keeps the process focused.
<br />
<br />Who Is in Charge?
<br />Zoning is a key municipal function, and it is obvious that the
<br />mayor and city council will be in charge of an ordinance
<br />revision. But who will shepherd the revision on its way to final
<br />approval? First, the city council may want to retain control and
<br />actively participate in all facets of the process. Alternative
<br />candidates for this role ar~ the plan commission, zoning board
<br />of appeals, or zoning commission. State statutes may also give
<br />guidance in this decision, as may local tradition.
<br /> If the community is open to considering options, several
<br />observations might be useful. First, the zoning revision is
<br />essentially a policy process, and the group charged with the
<br />revision should have a policy orientation. Second, such a
<br />revision cuts across many areas of expertise, including law,
<br />planning, architecture and urban design, real estate, and
<br />construction, amounting to more than an adjustment of
<br />regulatory pi-ovis.ions. Third, a revision will involve various
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