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been torn down and a new one built behind a large parking lot.
<br /> The frustrations of trying to work with the old zoning had
<br /> nearly forced the own}.,er to move the market out of the village
<br /> center and onto a coahmercial strip. The new zoning allowed
<br /> the building to remai~ in the hamlet along the sidewalk with
<br /> purking to the side an~d behind. It also required design
<br /> improvements such ~ windows along the street, a traditional
<br /> roofline, and an articulated facade.
<br /> Thus, Hillsdale w~ able to get what it wanted: compatible
<br /> growth in the town ce/xter, flexible uses in the countryside, and
<br /> protection of rural open space.
<br />
<br /> Reading
<br />Reading is a very rural town on Seneca Lake, in New York's
<br />Finger Lakes region. Ir has never had zoning because of its
<br />citizens' strong belief in landowners' rights, Yet many
<br />townspeople are concerned about the possibility of
<br />inappropriate development advershly affecting the lake, their
<br />rural way of life, and the beauty of the town's setting.
<br /> In the course of an intensive three-day citizen planning
<br />charrerte held in 1993,,it became clear that Reading needed
<br />some form of land-use ~egulation, although not necessarily
<br />zoning. As a result, I .developed a 15-page land-use law that has
<br />no zones and few use or bulk regulations. Instead, it regulates
<br />land according to a threr'e-tier permit system. The least intrusive
<br />uses, such as one- and two-family houses and very small-scale
<br />businesses, are allowed by right. Large-scale and intrusive uses
<br />and those occurring wiehin a lakeshore protection area require a
<br />special permit, involving a thorough review following specified
<br />criteria. Development Proposals falling between these two
<br />categories undergo an it~termediate level of streamlined site plan
<br />review. Additional criteria are included for signs, stormwater
<br />control, lake protection,~ resource extraction, and other issues
<br />townspeople felt were important.
<br /> The Reading law is so flexible that it does not need variance
<br />provisions. It relies more on common sense than on the rigid
<br />rules typically found in zoning ordinances. To avoid illegal
<br />delegation of legislative bower or the arbitrary exercise of
<br />administrative powers, it contains standards and criteria and the
<br />requirement of written findings to support board decisions.
<br />These criteria require the exercise of judgment without
<br />conferring unfettered discretion.
<br /> Reading's unusual approach would not be allowed in many
<br />states with narrowly drav~n enabling legislation. New York's
<br />generous home rule powers permit local municipalities to
<br />diverge from conventional land-use regulation and break some
<br />
<br />Zoning News is a monthly newsletter published by the American Planning
<br />Association. Subscriptions are available for $50 (U.S.) and $65 (foreign).
<br />Frank S. So, Executive Director; ~.Willlam R. Klein, Director of Research.
<br />Zoning Newt is produced at APA. Jim Schwab, Editor; Fay Dolnick, Scott Dvorak,
<br />Michelle Gregory, Sanjay Jeer, M~gan Lewis, Do~g Martin, Marya Morris, Mart'/
<br />Roupe, Aaron Shelley, Laura Thor0pson, Reporters; Cynthia Cheski, Assistant
<br />Editor; Lisa Barton, Design and Production.
<br />Copyright ©1996 by American Planning Association, 122 S. Michigan Ave., Suite
<br />1600, Chicago, IL 60603. The A~erlcan Planning Association has headquarters
<br />offices at 1776 Massachusetts Ave.; N.W., Washington, DC 20036.
<br />
<br />All rights reserved. No part of this publication may be reoroduced or utilized in any
<br />form or by any means, · ectromc o}' mechanica, inc uding photocopying, recording,
<br />or by any information storage and ~etrleva[ system, without permission in writing
<br />from the American Planning Association.
<br />
<br />Printed on recycled paper, including 50-70% recycled fiber
<br />and 10% postconsumer waste.
<br />
<br />of the arbitrary confines imposed by the state zoning enabling
<br />act. This flexibility (which can be misused) has helped make it
<br />possible to devise land-use regulations that truly meet the needs
<br />of different types of rural communities.
<br />
<br />Meeting Rural Needs
<br />Washington, Hillsdale, and Reading have reinvented rural
<br />land-use regulation in different ways, tailored to the
<br />circumstances of each community. All are substantially
<br />different from conventional zoning. Washington's approach
<br />may work in similar metropolitan fringe communities that
<br />have adopted a [and stewardship ethic and tend to attract
<br />wealthier residents. Hillsdale's emphasis on use and
<br />dimensional flexibility, supplemented by new urbanist design
<br />standards, may be appropriate for more typical rural
<br />communities that have an economically diverse population
<br />
<br />Washingt0'n's zoning law and
<br />subdivision regulations are ,
<br />available from the Town .:
<br />Clerk, .To)tn of Washingr0~
<br />P.O. Box 667, Millbrook, NY.i/
<br />12545, (914)' 677-3419. Th~
<br />three-volume 'set of design' i?~:
<br />Standards adapted from the:
<br />Hillsdale Zoning law are.:': :.
<br />aVailable from the New York
<br />planningF,ederation,. 488'i .;~/
<br />BrOadway~~ Suit~ 313~ Albany;i
<br />
<br /> with differing values about
<br /> land. Reading's minimalist
<br /> approach may be workable
<br /> for very rural communities
<br /> that would otherwise have
<br /> little or no land-use
<br /> regulation at all.
<br /> Zoning designed for a
<br /> rural community's special
<br /> needs sends a clear signal to
<br /> prospective developers of the
<br /> countryside and offers
<br />· significant leverage in
<br /> shaping development. Smart
<br /> developers realize that
<br /> protecting the rural qualities
<br /> that attract buyers will make
<br />
<br />their developments more valuable. If towns and counties
<br />rewrite the invitation to suburban sprawl development in
<br />their current zoning ordinances, developers might then bring
<br />in plans that give the community what it wants, rather than
<br />continuing the development wars described in last month's
<br />issue of Zoning News.
<br /> Much of the United States still has landscapes and natural
<br />areas well worth preserving. These places can be maintained for
<br />future generations by avoiding the mistakes that have resulted
<br />from applying suburban blueprints to the rural countryside.
<br />Rural municipalities can create the future they envision in their
<br />master plans rather than the one inexorably charted for them
<br />by conventional zoning laws. The key ingredient is well-
<br />crafted land-use laws that produce the desired results and
<br />that are grounded in the distinctive culture and values of
<br />each rural community.
<br />
<br />Call for
<br />Information
<br />
<br />ZoningNews is seeking information for a future issue on
<br />regulations and review procedures communities have used in
<br />dealing with proposals for multiplex theaters, namely those
<br />movie theater complexes that involve anywhere from 10 to 20
<br />screens or more in a single facility. Send information to: Fay
<br />Dolnick, APA, 122 S. Michigan Ave., Suite 1600, Chicago, IL
<br />60603; faxed materials to 312-786-6700.
<br />
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