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11/05/86
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11/05/86
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
11/05/1986
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In terms of which should take precedence - the zoning ordinance or <br />comprehensive plan - when the two conflict, regardless of what the new <br />legislation dictates, the response was firmly in support of the zoning <br />ordinance. Seventy-two percent of the respondents indicated that the zoning <br />ordinance should take precedence. Their reasons can be grouped into five <br />general categories: <br /> <br />o <br /> <br />0 <br />o <br /> <br />0 <br /> <br />0 <br /> <br />the zoning ordinance is a legal, enforceable instrument with the power <br />of law <br />zoning is more detailed, specific and basic <br />zoning retains local control since zoning decisions are made by a <br />locally-elected body <br />zoning is more current than the comprehensive plan <br />zoning is more easily understood, more practical and more upfront <br /> <br />For the 28 percent of the communities that indicated that the comprehensive <br />plan should take precedence, the primary reason noted was that the <br />comprehensive plan establishes the long-term direction, goals and values for a <br />community and provides a framework for individual zoning decisions. In this <br />way, the zoning ordinance is meant to effectuate the comprehensive plan, not <br />direct or control it. A few respondents were quite strong in their support of <br />the comprehensive plan, with one community asking, "Why do we have a <br />comprehensive plan if it doesn't serve as a guide for the development and <br />redevelopment of services in a community?" <br /> <br />Finally, respondents were asked whether the new legislation will create a <br />problem in their community in implementing either the comprehensive plan or the <br />zoning ordinance. Ninety-one percent answered no. Again, their answers can be <br />categorized into five areas: <br /> <br />Zoning has always been the controlling document. <br />Inconsistencies are being resolved. <br />Both documents are taken seriously enough that inconsistency is not a <br />problem. <br />Inconsistency is of less importance in fully-developed communities <br />than in developing suburbs. <br />The comprehensive plan is not a working document; it merely collects <br />dust. <br /> <br />For those few communities that indicated that the new legislation would present <br />a problem, explanations fell into three general categories: <br /> <br />The comprehensive plan establishes a city's goals, values and <br />direction for the future. The zoning ordinance is meant to <br />effectuate the comprehensive plan, not direct or control it. <br />Where a community has its own comprehensive plan but is under another <br />jurisdiction's zoning ordinance, giving precedence to the zoning <br />ordinance removes local control. <br />The new legislation is contrary to the concept of comprehensive <br />planning. <br /> <br />It was interesting that a few communities who noted that the comprehensive plan <br />should take precedence still anticipated no problem with the new legislation. <br />Logically enough, those communities were usually communities that did not <br />consider inconsistency a problem. <br /> <br /> <br />
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