|
::Zoning ~Vews [s about to become
<br />_~ Zoning.Practice!
<br /> The. inaugural issue o£ Zoning Prac,~ice, formerly Zoning News,
<br />· 'debuts.in..[anUar7 2004.
<br />, You'~e told dxe Zoning3[ews editors what you want from this popular
<br /> APA publicadtn, and we've listened. We've done sup¢eys interviews,
<br /> an~ven~meu~v/tb pianning:d/?ectors to understand how we can ser,/e
<br /> ::you.better. C0nseo~Uend?,:oUr staffinvested more than a 7ear's time and
<br /> :~ ~ff0rtlinto u~daffng the features o£ this 20?ear~old publication. You're
<br />:.gert/rig muter more than iusr a catch? new name and contemporary',
<br /> [b&l& Check out the enhancements that have been added to your
<br /> subscription at www. plannin§.org/zoningnews/index.htm
<br />
<br /> We see The Dictionau, as an important checkpoint in rte
<br />preparation of ordinances and various other documents that
<br />control and shape rte built environment. Ar the yew least, ir
<br />gives the draft:er a comprehensive and far-reaching universe of
<br />words and phrases that may be needed ~or understanding
<br />planning documents and £or development ordinances to be
<br />effective, indeed, we ~bund The Glossamj a useful resourco in'
<br />researching definitions Gr our most recent edition. This issue of
<br />Zoning iVews wi[l discuss why definitions may be considered by
<br />some to be the backbone of the planning profession.
<br />
<br />Wh=t is a Definition?
<br />The Ox/brd Universal Dictionary defines definition as "A precise
<br />statement of the essential nature o£a thing." (There are four
<br />other definitions that relate co the root "define" which do not
<br />apply here.) Web:rer elaborates somewhat by defining ir as "a
<br />word or phr~e expressing the essenri~ nature ora person or
<br />· ing or cl~s of persons or r~ings, a statement of the meaning
<br />oFa word or word group."
<br /> [n the context or,he land development ordinance,
<br />definitions have three purposes:
<br /> O~niriom simplCj r/Je text. ~ rhe f/lus~ared Book o/
<br />Dfe!opmenr D¢**irions, we note ~a~ a definition m~es ir possible
<br />m combine long phr~es, lisu ofwor~, or si~ terms into one or
<br />vuo wot&, which in &e zo~ng context may be ~eared ~ike. For
<br />~pte, ra~er ¢~ repeat "appOrtion for site pl~ approve,"
<br />"permi~ion co bund [na floodpl~n," 'ko~ remov~ appliorion," or
<br />%pp~cation ~¢r sub'vision" in ~ or~n~ce re~aring
<br />development, ~e phrase "application For development" c~ be
<br />de'ed to mere ~ of ~e prece~ng terms. Simit~l7, rte term
<br />"m~uhcruring" ia defined ro mm: ~rab~shmen~ engaged in ~e
<br />mech~ic~ or chemi~ ~sformacion of materi~s or subs~c~
<br />into new produc~ inducing ~e ~sembling of component p~u,
<br />m~ufacrured ffroduc~, ~d ~e blen&ng ofmamfi~s such ~ ~
<br />lubricating oils, pl~dc, resins, or liquors.
<br /> T~e ordinance would be considerably longer if the words
<br />used to define manufacturing had ro be repeated throughout the
<br />ordinance whenever the term "manufacturing" was used.
<br /> Definitions establkh rhe predse meaning ora word or phr~e
<br />that mt¢~ be subject w d~bring inre~rerario~u. Precision eliminates
<br />ambigui~ :md vagueness. Ir focuses on the essenri~ elemen~ ora
<br />word or phr~c and c[eariy mar~ offand [imiis its application or
<br />
<br />[~a;ve;, S. zk[oskowitz, ~qfC~, is a z%tv fersc/ planning constdmnr
<br />and a ?~,'mer member ami past president (rte z~w fersq Board
<br />
<br /> interpretation. For example, a zone may permit light indusrfi~ uses.
<br /> [s it not true that e,~eryone knows rte nature of light industry?
<br /> Lndustry means work. Perhaps ir also means manufacturing. Is
<br /> warehousing included? V/ebster has five definitions ofindustr3~ and
<br /> the North .American Industry. Classification $ysrem (NAiCS),
<br /> which replaced the Standard industrial Classification 2k[anual in
<br /> 1997, l/srs 1,I79 industries, or as the manual defines it, "...the
<br /> entire field of economic activities .... "
<br /> Even [f we define industry a~ manufacturing (defined by
<br />NAICS as "establishments engaged in the mechanical, physical,
<br />or chemical trans~'ormarion of materials, substances, or
<br />components into new products (including) assembling of
<br />component parrs"), we still have the difficult cask o£ defining
<br />light manufacturing. Does light refer to the end product, dar
<br />raw material, or the machines used in the process? Or does it
<br />refer co something else completely?
<br /> By precisely defining light manufacturing in an ordinancel we
<br />eliminate the vagueness and ambiguity dour, at best, results in
<br />confusion and, at worst, ends up in cosdy lawsuits and delays.
<br /> Definitions transform technical terms inbo an
<br />understandable, usable rerminolo~gy. Definitions give meaning
<br />to sometimes abstract, technical terms for the purpose of
<br />controlling and guiding development.
<br /> For example, when reGrring back to tight manufacturing, the
<br />term "light" ma7 be defined in more than a ~'ew contexts,
<br />including trip generation, bulk controls, water runoff, and
<br />nuisance characteristics. Each of these terms has its own
<br />definition, and rte one for light manu?hcruring should refer to
<br />rte ordinance for the standards that distinguish it from medium
<br />or heavy manufacturing. Thus, one nuisance characteristic may
<br />be noise, and the standard (or li,~ht manufacturing as it relates
<br />co noise can include maximum day and night decibel levels and
<br />specific measuring points. 3mother is light a_nd glare, which axe
<br />regulated in terms of max/mum footcandle and where observed.
<br />
<br />What Definitions are Not
<br />Definitions simplify., clarit:7, and ~ranslate. What should they
<br />nor do?
<br /> Definitions should nor ~onrain the control ~'tandards rhar
<br />regulate the defined word or phrase. For example, most
<br />ordinances attempt to detent home occupations in terms'of
<br />standards under which the home occupation can operate. These
<br />standards usually include the percentage o£ floor area that can be
<br />occupied, [imitations on nonresident employees, parldng
<br />requirements, lots sizes, and sign controls.
<br /> These control elements do not belong in the definition;
<br />rather, they belong in the body o£ the ordinance and may vary
<br />depending on the zone in which the home occupation is
<br />permitted. To locate the standards in the definition precludes
<br />this flexibility,. (Because The Dicrionac/offers its definitions
<br />verbatim--or near verbatim~from irs sources, the reader may
<br />find that some of rte defined terms may violate this caveat and
<br />include control elements).
<br /> Definitions shouM ~ot run counter ro the generally accepted
<br />meaning of words and phrases. Cox (2003, D' 114) cites a New
<br />Jerse7 case (Essex Com~, Retail, ere., v. Nezoark, em Bev. Control,
<br />77 N.J. Super. 70, 77 !.App. Div. 1%2)) where the court says:
<br />
<br /> Ordinances are to receive a reasonable construction and application,
<br /> ro serve the apparent legislative purpose. We will not &parr from
<br /> the plain meaning oi: language which is tree o£ambiguity, ?or an
<br /> ordinance faust be construed according m the ordinary meaning
<br /> its words anti phrases. These are co ~e rai~cn ia rte ordinary or
<br /> ?pular sense, an[ess lc plainly appears char they are used in a
<br /> differeat sease.
<br />
<br />
<br />
|