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JUNE 1999
<br />
<br />AMERICAN
<br />PLANNING
<br />ASSOCIATION
<br />
<br />So You're Gonna Revise
<br />the Zoning Ordinance!
<br />Part Two
<br />
<br />By Leslie S. Pollock, AICP
<br />
<br />pmrt one of this two-part series identified issues to be
<br />considered during the preliminary stages of an ordinance
<br />revision, including community approved policies that guide the
<br />structure of the new or revised ordinance. Now, it is time to
<br />begin the drafting process. This issue of Zoning News explores
<br />current approaches and techniques for the ordinance outline
<br />and organization, administrative provisions, district structure,
<br />development standards, definitions, and reviewing and adopting
<br />the ordinance. Give this process plenty of time and approach
<br />the drafting step incrementally. Do not expect to get it right the
<br />first time.
<br /> Three drafts will probably be necessary during the revision
<br />process. The first draft is for internal review, as certain derails may
<br />be missed and some policy changes could have unintended
<br />implications. Also, administrators can evaluate whether proposed
<br />changes meet specified goals or follow specified policies. The
<br />second draft typically circulates within the community for review
<br />and discussion. Unanticipated problems and issues emerging from
<br />the discussion of that draft can then be rectified and reflected in the
<br />public hearing draft, which is presumed to be complete and fully
<br />responsive in all aspects of its development.
<br />
<br /> Outline and Organization
<br /> Most zoning ordinances evolve through amendment. This
<br /> process can lead to organization problems, which result in
<br /> regulations that are hard to find or follow and a document that
<br /> is difficult to use.
<br /> At this stage, it is important to determine the desired
<br />ordinance. An appropriate alternative to the ordinance as a free-
<br />standing document is to include all land-related regulatory
<br />controls in the form of a unified development ordinance that
<br />integrates subdivision, zoning, improvement standards,
<br />development review, and other related components of the city's
<br />development regulations into a single document.
<br /> The choice of maintaining a zoning ordinance as a single
<br />document or as part of a unified development ordinance
<br />depends both upon local tradition and a desire for
<br />administrative efficiency and effectiveness. Such a decision
<br />could complicate the process, increase the scope of issue
<br />identification and policy development, and affect the
<br />organization of the document. Generally, it appears that unified
<br />development ordinances are better suited for communities
<br />experiencing major growth.
<br /> Drafting the ordinance may begin after an agreement has
<br />been reached as to its outline and organization. Depending
<br />upon the complexity of the intended ordinance, the extent of
<br />the changes, and the character of the community, redrafting the
<br />document could be done prior to any review procedures.
<br />
<br />Another option is to redraft and review the ordinance element
<br />by element.
<br /> Because of an interrelationship between sections of the
<br />ordinance, the administrative provisions may directly affect the
<br />interpretation of certain requirements. It is often most desirable
<br />to redraft the entire ordinance before subjecting it to
<br />community review. This is easier if the scope of the ordinance
<br />revision is modest, the ordinance is devoid of complexity, and
<br />the revision is not a technically or politically contentious issue.
<br /> For complex redrafts, any work should be done on a
<br />component or modular basis. Such is also the case when
<br />different constituencies are interested in different portions of
<br />the ordinance. Regardless of the approach, the redrafting
<br />process should include administrative provisions, community
<br />districts, design and development standards, and definitions.
<br />
<br />Administrative Provisions
<br />Administrative provisions typically cover three broad topic
<br />areas, including roles and responsibilities of the various boards,
<br />commissions, or individuals charged with administering
<br />portions of the ordinance; procedures used to evaluate and act
<br />upon the different reviews and approvals contained within the
<br />ordinance; and procedures and penalties related to enforcement
<br />of the ordinance provisions. The procedures should clearly
<br />describe the administration process, maintain due process, and
<br />facilitate cffikiency of operati6n and consistency of application.
<br />
<br />IThe redrafting process should include
<br />administrative provisions, community
<br />districts, design and development
<br />standards, and definitions.
<br />
<br />Districts
<br />The district section of the zoning ordinance is often viewed as
<br />the centerpiece, as the district structure tends to implement the
<br />land-use policies of the comprehensive plan. Thus, the number,
<br />purpose, and content of each district ought to be drafted with
<br />consideration of those policies and the distribution of the
<br />existing and proposed land-use patterns as indicated in the
<br />comprehensive plan land-use map. Typical zoning district
<br />sections contain a purpose statement, use regulations, bulk
<br />regulations, and site development standards.
<br /> Purpose. Often overlooked because of its seemingly
<br />innocuous function, the purpose statement sets forth the intent
<br />of the district, the objectives to be achieved by the district, and
<br />its linkage to the comprehensive plan. The purpose statement is
<br />a key tool in establishing the link between the comprehensive
<br />plan and the zoning ordinance. It can also turn the zoning
<br />ordinance into an implementation mechanism for the plan. The
<br />purpose statement is most important when zoning is challenged,
<br />as it can show that the district is arranged in a fashion that
<br />carries out the intent of the comprehensive plan.
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