|
Courts that apply the "appearance of unfairness" standard of
<br />impartiality are the most likely to consider ex parte contacts as
<br />evidence of partiality in zoning decisions. In one case, a
<br />Washington court declared that ex parte communications,
<br />"however innocent they might be... tend to create suspicion.
<br />generate misinterpretation, and cast a pall of partiality,
<br />impropriew, conflict of interest, or prejudgment over the
<br />proceedings to which they relate..." [Chrobuck v. Snohomish
<br />County, 78 Wash. 2d 858,480 P.2d 489 (1971).]
<br />
<br /> State Conflict.of-Interest StatUtes
<br />A few state statutes specifically regulate bias and conflicts of
<br />interest in zoning decisions. Three states--Indiana, New
<br />Jersey, and New Hampshire--have statutes that prohibit
<br />members ora planning commission or zoning board of
<br />adjustment from participating in hearings in which they have
<br />a direct or indirect substantial interest. These statutory
<br />prohibitions are limited to partiality by zoning bodies that
<br />function in an adjudicative capacity.
<br /> A few other states, such as Virginia, New York, and
<br />Connecticut, have broader regulations that require impartiality
<br />by zoning decision makers who act in either a legislative or
<br />adjudicative capacity. Connecticut's statute has the most
<br />comprehensive scheme. For example, ir prohibits zoning officials
<br />from participating in any hearing or decision in which they have
<br />either a direct or indirect personal or financial interest.
<br /> Several other states have general governmental ethics and
<br />conflict-of-interest statutes that provide a basis for regulating
<br />various types of bias and conflicts by public officials. At least 19
<br />have statutes that prohibit participation by local officials in
<br />decisions in which they or a particular associate have a financial
<br />'interest. Relatively few cases have been decided under these
<br />statutes, however, so the precise scope of their application in the
<br />context of zoning bias is uncertain.
<br />
<br />In the Public Interest
<br />Zoning officials should make every, conceivable effort to protect
<br />the integrity of the zoning and land-use planning process
<br />through impartial decision making. Biased decisions not only
<br />undermine public confidence in the local zoning body but are
<br />more susceptible.to unwanted and costly court challenges.
<br />
<br />Big Box Retail in
<br />the Big Apple?
<br />
<br />The New York City planning department wants to give big
<br />retailers the key to the city--and much of the small business
<br />community, is preparing to change the lock if it does. Seeking to
<br />reverse the city's significant decline in retail sales and employ-
<br />ment, the department is proposing to change the zoning of
<br />manufacturing and industrial districts to encourage specialized
<br />discount retailers and warehouse stores. The 20,000 acres
<br />targeted include abandoned and underused industrial land in
<br />every, borough but Manhattan.
<br /> Current zoning allows only 10,000 square feet for food,
<br />department, and clotl~ing sto~'es and an array of other retail uses
<br />within areas zoned for light and heavy, manufacturing. Large
<br />retail stores seeking to locate in these districts must app}y for a
<br />special permit, which can take years. The proposal would allow
<br />any retail development up to 100,000 square feet to be
<br />permitted as-of-right on wide streets. Others would need a
<br />
<br />special permit from the planning commission. The planning
<br />department argues that making it easier for discount stores to
<br />locate in abandoned industrial areas will promote investment in
<br />new retail developments, generate employment opportunities,
<br />and increase sales and property, tax revenues.
<br /> But many small storekeepers oppose the plan, claiming it
<br />creates an unfair playing field. Should Mayor Rudolph Giuliani
<br />support it, the city planning commission would then review it.
<br />A state-mandared environmental impact study and approval by
<br />both the borough presidents and community boards would
<br />follow before it could go to the city council. KevinJ. Krizek
<br />
<br />Montgomery County
<br />Open Space Preservation:
<br />Program Recommendations
<br />Open Space Preservation Task Force, Montgomer), Coun{y Court-
<br />house, Norristown, PA 1.9404. September 14, 1993. 60 pp. Free.
<br /> Late last year, Montgomery County in suburban
<br />Philadelphia approved a lO-year, $100 million program for
<br />open space acquisition. This document details the rationale
<br />behind the program as developed by the task force assigned by
<br />the count~' board to study the issue.
<br />
<br />Modeling Future Development
<br />on the Design Characteristics of
<br />MaryJand's Traditional Settlements
<br />Maryland O~c, o/Planning (in cooperation with the School of
<br />Architecture. 'Universi{y of Maryland), 301 W. Preston St., Room
<br />I101, Baltimore, MD 21201. August 1994. ]12pp. $2.
<br /> Neotradirional and cluster designs for rural and suburban
<br />communities have been attracting increased attention in recent
<br />years as planners seek new solutions to the problem of urban
<br />sprawl. This effort, the result ora universiU, research seminar on
<br />small town paradigms, examines a series of traditional Matyland
<br />communities and concludes with alternative models for zoning
<br />ordinance language to facilitate traditional design. The
<br />appendices include sample provisions of local comprehensive
<br />plans and zoning ordinances from existing communities.
<br />
<br />Zoning News is a monthly newsletter published by the American Planning
<br />Association. Subscriptions are available for $45 (U.S.) and $54 (foreign).
<br />Michael B. Barker, Executive Directorl Frank S. So, Deputy Executive Director:
<br />William R: Klein, Director of Research.
<br />Zoning New~ is produced at APA. Jim Schwab, Editor: Michael Barrette. Dan Biver,
<br />Sarah Bohlen, Fay Dolnick, Michelle Gregory, Sanjay Jeer, Berh McGuire. Marya
<br />Morris, David Smith. Reporters; Cynthia Cheski, Assistant Editor; Lisa Barton,
<br />Design and Production.
<br />
<br />Copyrigh~ {31994 by American Planning Association. 1313 E. 60th St,. Chicago.
<br />60637. The Americafi. Planning Association has headquarters offices at 1776
<br />Massachusetts Ave.. N.W., Washington, DC 20036.
<br />
<br />All rights reserved. No part of this publication may be reproduced or utilized in any
<br />form or by any means, electronic or mechanical, including photocopying, recording,
<br />or by any information storage and retrieval system, without permission in writing
<br />from the American Planning Association.
<br />Printed on recycled paper, including 50-70% recycled fiber
<br />and 10% postconsumer waste.
<br />
<br />
<br />
|