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& JULY 1994 AMERICAN PLANNING ASSOCIATION Making Zoning Codes More Readdble: Part 2 By Charles A. Lerable Last month's Zoning News a~ddressed the problems with poorly written and organized zoniri~g codes and offered solutions. This issue focuses on content. A ~oning code's content and the manner in which it is presefited play equally important roles. Content Issues Cover Design. In addition to its graphic impact, a cover should contain certain minimum in, formation. The title Zoning Code should be prominent, with ~he name of the public agency slightly less so. If your code !s amended and republished often, include the effective date ofihe most recent change to distinguish ir from previous ;versions. If the code is an "unofficial" version, this todshould be noted. Save other details for the inside cover. The inside cover should flnirror the outside cover by using a scaled-down version of the ~aphic. It should contain additional information important to thl: public agency such as its relation to the city or county code ("~Adopted as Title 19 of the Salinas Municipal Code"), the name, address, and phone number of the agency, and office hours. Avoid listing staff, commissioners, and board members. Amendments List. Immediately following the inside cover, include a chronological list of amendments, including ordinance numbers and adoption dates~, Include the original ordinance number and adoption date. A concise description of each ordinance is desirable. Table of Contents. One o~r the most important elements of a zoning code is the table of cOntents. Even those familiar with a code find it invaluable. Mos{ codes either don't include one or refer to section numbers rather than pages. A good table of contents progressively indents each chapter, division, and section. These should all be fully numbered and named. The zoning district designator should be included in parentheses after each zonin~ district and zoning district overlay. Subsections should 9ot be included. Page numbers are a must. Double-st~ace between~ major headings, and use bold type for further ident'ification. Us~ dot leaders between the ends of section descriptions and the page numbers. Number each page of the table of contents with in alternative numbering system-- such as Roman numerals--tO distinguish the table of contents from the rest of the zoning cbde. A separate table of contents for tables and graphics seems unnecessary. At the beginning of each _~ajor new division within the text, difficult to justin, and explain, and overregulation is inflexible. It is not possible to cover ever)' contingency. Attempting to do so will needlessly lengthen the code and complicate zoning administration. General Provisions. Do not overlook the importance of these often forgotten provisions. General provisions establish common operating rules for the administration, use, and interpretation of the zoning code. If written properly, the), will be used surprisingly often. General provisions typically include: Title and purpose. The title should be short if it is to be used throughout the code. The purpose should include language tying the zoning code to the comprehensive plan or other adopted public policies. Clear purpose statements will provide a more solid legal foundation for the code, particularly where discretionary actions are involved. Applicabihty. The zoning code's applicability to the land being regulated should be established. This is particularly important where other public lands and agencies are involved, private agreements exist, or conflicting or prior regulations or permits may exist. It is important to the applicability of regulations during times of public emergency. Authority. The duties and powers to administer and act on the zoning code should be established. This includes staff, boards, commissions, and councils. 5late preemptive authority should be addressed. Establishment of zoning districts. The names and designators for all zoning and overlay districts should be established. These should be referenced to the zoning map. Rules for interpretation. Include a list of rules for interpreting the zoning regulations and the zoning map. Include rules for interpreting language and a provision allowing decisions involving interpretation to be appealed. Severability. Should any part of the zoning code or zoning map be held invalid, this provision should state that the validity of the remaining portions will remain unaffected. Types of Zoning Standards. Zoning deals with several types of standards: those applicable to an entire zoning district, those applicable to specific uses, performance standards, procedural standards, and design guidelines. The need for the zoning code to be well organized underscores the importance of these distinctions. Some zoning codes give little attention to where new regulations are placed, often relegating them to previously repealed section numbers or adding them without consideration for keeping related include a table of contents Sl~Cific to that division, including provisions together. Segregating standards avoids redundancy section numbers, section title, and page numbers. These tables and allows the user to focus more quickly on the zoning of contents are particularly u~eful for long divisions o["c]{'~ilSter~.~ ,...fluestion at hand. Keep the Regulations Sim~te. Simple regulations work best. ' '" ' Zoning Districts. Some zoning codes contain more than 30 Avoid the temptation to ovetdefine and overregulateo'. . ." 'v ', ,- zoning districts with differences that are inconsequential. This Complicated definitions andTegulations, paradoxically, in~vi{e :: :proliferation usually occurs over time as circumstances make it scrutiny and even legal challSnges. Subtle distinc(iba%~re -. ,-- - easier to adopt new zoning districts than to change existing ones.