Agenda - Planning Commission - 04/07/1998

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MARCH 1998 AMERICAN PLANNING ASSOCIATION "Nobody Told Me. They Changedthe Zon,ng!' By Fay Dolnick As communities grow, zoning ordinances should remain flexible enough to meet changing land-use needs. As stated in the Standard State Enabling Act of 1926, "provision must be made for changing the regulations as conditions change or new conditions arise, otherwise zoning would be a 'strait- jacket' and a detriment to a community instead of an asset." Neighborhood rezoning and other land-me changes can have a significant, even adverse, impact on the lives and properties of area residents. To lessen the probability of such impacts, public hearings on proposed zoning changes are normally required by state statute. Shoreline, Washington, uses bold. lettering to catch th'e attention of passersby and explicit detaih for those who take a closer look at a proposed land-use action. The purpose of these hearings is to obtain additional information regarding the proposed change for the derision makers and to enable citizens to express concern or ask questions. The most effective hearings happen when residents are informed well in advance of the hearing's date, time, and location. The identification of the affected property and the proposed land-use change are important and relevant facts to report to the public. This issue of Zoning News discusses the various methods communities can employ to communicate news of an impending zoning change to the public and examines a variety of procedures used in ordinances. Overview The Standard State Enabling Act recommends a 15-day advance notice of a public hearing through a general circulation ,~paper, but also notes that this can vary to suit local needs. he most effective hearings happen wheh residents are informed well in advance of the hearing's date, time, and location. The identification of the affected properly and the proposed land-use change are important and relevant facts to report to the public. Although state statutes typically require public hearing notices, they leave the details to the municipal ordinance. Municipalities invariably use one or more of the following methods to notify the public of a proposed land use change: · advertisements in a general circulation newspaper; · mailings to property owners most likely affected by the change; · posting a sign on the property site with the proposed change. Charles Reed, editor and publisher of The ZaningReport, has pointed out that based on the number of people who appear and testify at hearings, newspaper notices are the least effective method of notification. The time allowed for notification of a forthcoming hearing can range from seven to 30 days before the hearing takes place. However, most notifications occur 10 to 15 days before the hearing. The specified radius of an affected prqperty, about which a property owner must be notified, rangei from 1.00 feet to 700 feet, with a median of 300 feet. Mailings of a notification are usually sent via post using either first class or certified mail. Administrative costs associated with mailing lists and postage are assumed either by the municipality or by the applicant for the rezoning. When the number of persons to be notified becomes excessive, communities employ more practical and cost-effective methods of public notification, For example, Santa Cruz, California, opts for a newspaper advertisement rather than a mass mailing when notification numbers exceed 1,000. Regulations for the onsite sign can range from a simple instruction that it be placed prominently on the affected site to very detailed requirements on the size, lettering style, textual information, and placement of the sign in relation to the street and the adjoining properties. Some ordinances provide detailed drawings of sign requirements. Although the municipal planning and development department may provide the sign, the applicant usually bears the responsibility and costs for placing it. Some municipalities ask the applicant to supply a signed affidavit stating that the sign has been posted and that it conforms to the municipa] standards.