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Resources
<br />Blaesser, B~ian, and Lane Kendig, 1996,
<br /> "Computerized Zoning: The Future Is Now,"
<br /> Land Use Law & Zoning Digesg Vol. 48, No.
<br /> 4 (April), 3-11.
<br />Kelly, Eric Damian, 1993, Selecting and
<br /> Retaining a Planning Consultant: RFQs,
<br /> Contracts, and dVroject Z~ranagement, PAS
<br /> Report No. 4432
<br />Lerable, Charles A., 1995, Preparing a
<br /> Conventional Zoning Ordinance, PAS Report
<br /> No. 460.
<br />Richert, Evan D., and Luis Oliver Dorta-
<br /> Fernandez, '1996, "Made to Measure,"
<br /> Planning, June 1996, 16-18. .',
<br />
<br />Expanded Rights
<br />for Manufactured
<br />HoUsing
<br />
<br />For the third time in just over a year, Virginia courts have been
<br />involved in forcing counties to abide by a new state statute that
<br />allows~ manufactured housing by right in agricultural districts.
<br />On AUgust 1, Spotsylvania County lost two summary
<br />judgments on the issue.
<br /> Prior to July 1, I995, the Virginia code stated that ·
<br />manufactured homes at least 19 feet wide (double wides) must
<br />be allowed by right in any agricultural zoning district or any
<br />districi: wher~ agriculture, horticulture, or forest uses are
<br />domiffant. But the legislature last year removed the 19-foot
<br />limitation, permitting both single and double wides by right in
<br />any agricultural district in the state. Three counties then
<br />amended their zoning ordinances to counteract the new
<br />reqmr~ments.
<br /> On June 26, 1995, Rockbridge County amended the A-1
<br />and A-~ districts in its zoning ordinance by putting pc?mit
<br />applications for the smaller single-family homes, both site-built
<br />
<br />Zoning News is a monthly newsletter published by the American Planning Association.
<br />Subscdptip.ns are available for $50 (U.S.) and $65 (foreign).
<br />Frank S. $0, Executive Director; William R. Klein, Director of Research.
<br />Zoning N~ws is produced at APA. Jim Schwab, Editor; Fay Dolnick, Scott Dvorak,
<br />Michelle Gregory, Sanjay Jeer, Megan Lewis, Doug Martin, Marya Morris, Marry Roupe,
<br />Aaron Sheffey, Laura Thompson, Reporters; Cynthia Cheski, Assistant Editor; Lisa
<br />Barton, D~ign and Production.
<br />Copyrlght'©1996 by American Planning Association, 122 S. Michigan Ave., Suite 1600,
<br />Chicago, IL 60603. The American Planning Association has headquarters offices at 1776
<br />Ma~sachu!etts Ave., N.W., Washington, DC 20036.
<br />All rights ieserved. No part of this publication may be reproduced or utilized in any form
<br />or by any ~eans, electronic or mechanical, including photocopying, recording, or by any
<br />information storage and retrieval system, without permission in writing from the
<br />American ~!anning Association.
<br />Printed on'recycled paper, including 50-70% recycled fiber
<br />and 10% I~Ostconsumer waste. ~
<br />
<br />and manufactured, through a special exception process· The
<br />Virginia Manufactured Housing Association (VMHA)
<br />challenged this amendment, arguing that it would put
<br />manufactured home dealers and buyers through a needless and
<br />costly delaying process. It also charged that the action was
<br />"arbitrary" and "capricious" and violated the equal process and
<br />equal protection clauses of the state and federal constitutions.
<br />Later, the county a_mended its ordinance to comply with the
<br />statute, causing the court to dismiss the case last December.
<br /> Similarly, on June 29, 1995, Louisa County amended its
<br />zoning ordinance, changing agriculturally zoned lands to rural
<br />residential. As a result, mobile home owners in these districts
<br />were unable to replace their mobile homes with new
<br />manufactured housing, and business for manufactured housing
<br />dealers plummeted. The amendments contained no provisions
<br />that addressed grandfathering or the treatment of
<br />nonconforming uses. But Louisa County also backed down in
<br />the face of a lawsuit by adjusting its ordinance.
<br /> Nonetheless, Spotsylvania County also decided to challenge
<br />the statute, although nor in the same way, and again VMHA
<br />filed suit. The parties argued over the interpretation of a state
<br />law that allows plaintiffs 30 days to file an action against the
<br />local governing agency, but the judge ruled the lawsuit timely.
<br />That left two issues: whether the county's definition of
<br />manufactured housing complied with the state's, and the
<br />county's refusal to allow manufactured housing by right in three
<br />of four districts it labeled agricultural. On the first issue, the
<br />county defined manufactured housing differently from site-built
<br />homes. On August 1, the judge ruled for VMHA on both
<br />counts, forcing the county to comply with the state legislation.
<br /> Doug Martin
<br />
<br />On Borrowed Land:
<br />Public Policies for
<br />Floodplains
<br />Scott Faber. Lincoln Institute of Land Policy, 1]3 Brattle St.,
<br />Cambridge, MA 02138. I99~. 32pp. $14 plus $3.50 shipping
<br />and handling.
<br /> Throughout most of this century, planners, engineers, and
<br />public officials concerned about flooding have attacked the
<br />problem with structural solutions such as levees, dams, and the
<br />channelization of rivers. To our dismay, we have found the
<br />control of nature through engineering to be an elusive goal,
<br />sometimes even a dangerous one to the extent that the illusion
<br />of control has fostered more development of floodplains than
<br />would otherwise have been possible. Now those assumptions are
<br />under attack. This report illuminates many of the alternatives
<br />and calls for a rethinking in terms of land-use planning
<br />solutions, including regional strategies for watershed
<br />management to supplement local zoning controls and what the
<br />report calls a "tough love" approach to those who insist on
<br />living or building in flood-hazard areas. With some interesting
<br />case studies to support its points, this report would be a worthy
<br />addition to most planning libraries.
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