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When You're Updating
<br />The simplest and perhaps most effective
<br />time to test zoning regulations is while
<br />they're in the process of being updated. The
<br />update process provides the far-reaching
<br />latitude to evaluate all aspects of the zoning
<br />ordinance and how they may currently be
<br />working (or not working) together to achieve
<br />the community's development goals.
<br />The update process allows for the testing
<br />of existing regulations (such as district
<br />dimensional standards, maximum heights,
<br />parking ratios, landscape requirements, etc.)
<br />to ensure that they continue to work within
<br />the developed context of a community, and
<br />that they continue to work toward achieving
<br />the community's vision for the future.
<br />The update process also allows new
<br />regulations and approaches to be tested
<br />before they become the rules for development
<br />in a community. Are we proposing smaller
<br />minimum lot sizes? Let's test to ensure
<br />that they're going to work to accommodate
<br />existing homes and facilitate growth where
<br />we desire, but that we're not unintentionally
<br />allowing existing lots to subdivide and create
<br />new density where it may not make sense.
<br />Are we proposing moving from regulating
<br />side yards as a minimum number to a
<br />percentage of lot width? Let's make sure
<br />that the percentage is tailored to sensibly
<br />accommodate both the small tots to which
<br />it would apply, as well as the larger ones.
<br />Are we writing a new regulation to limit the
<br />height of second -story additions in residential
<br />neighborhoods because someone built a
<br />terrible one? Let's make sure that we're not
<br />unintentionally prohibiting second -story
<br />additions in entire neighborhoods where they
<br />may be totally appropriate, and pushing home
<br />owners into an unnecessary variance process.
<br />When You're Not
<br />When you aren't updating, it's still important
<br />to be putting your ordinance through its
<br />paces. Proactively testing allows for an
<br />ongoing assessment of the limitations and
<br />effectiveness of your ordinance to meet the
<br />demands of future development pressure,
<br />and to act as a barrier to less desirable forms
<br />of development. The first and most obvious
<br />place to look for things to test is the pattern
<br />of variance requests that you're seeing. If
<br />home owners are repeatedly asking for relief
<br />related to fences in their side yards, this may
<br />indicate a regulation that needs adjustment.
<br />Similarly, if a good number of businesses in
<br />your general commercial district are asking
<br />for relief from ground -floor transparency
<br />requirements, you may want to test the
<br />requirements to ensure they are reasonably
<br />achievable and appropriate.
<br />Keeping an eye on development trends
<br />and patterns in nearby communities, as
<br />well as emerging or nascent regulatory
<br />approaches, can also illuminate some areas
<br />that would benefit from testing. For instance,
<br />is the community next door seeing a number
<br />of tear -down redevelopment projects, or
<br />new homes on double lots in existing small -
<br />lot residential neighborhoods? Now might
<br />be a good time to see how your ordinance
<br />would handle new residential development
<br />of larger homes on larger lots, and if
<br />your controls allow for desirable forms of
<br />development that also protect current home
<br />owners and the fabric of the neighborhood.
<br />The brewpub you went to after work the other
<br />night —the one in the industrial area next
<br />to the glassblowing studio and the gym —
<br />could something like that happen in your
<br />community? Now might be a good time to look
<br />at older industrial areas in your community
<br />and see what may be standing in the way of
<br />their reuse or revitalization.
<br />As new trends, technologies, and tech-
<br />niques emerge, how nimble is your community
<br />at recognizing and adapting to the demand
<br />for change? Proactively evaluating how your
<br />ordinance may (or may not) handle something
<br />like a roof -mounted wind turbine, a chicken
<br />coop, or a tiny house can prepare you forwhen
<br />the first permit application arrives at your desk.
<br />Knowing where the flexibitities and limitations
<br />lie can provide a great basis for working within
<br />an existing ordinance, or making the move to
<br />update when the tipping point is reached.
<br />WHO DOES THE TESTING?
<br />During an ordinance update, testing
<br />responsibilities may fall to different parties.
<br />If a consultant is the primary drafter, the
<br />consultant should also be the primary
<br />party responsible for testing any proposed
<br />regulations. Close coordination with staff is
<br />important to ensure that any data being used
<br />is the most up to date and accurate, to assist
<br />in the selection and prioritization of specific
<br />issues to test, and to identify any particularly
<br />critical areas within the community to test.
<br />In the case of process testing, following any
<br />initial "shadowing" or process engagement
<br />with the consultant, the staff should be the
<br />primary party responsible for testing and
<br />evaluating any proposed process changes.
<br />WHAT AND HOW TO TEST
<br />See the list of "forms of testing" above with
<br />some examples of ways in which testing may
<br />be used when a community is revising or
<br />updating its zoning ordinance. The sections
<br />below present more detail.
<br />Approach Testing
<br />Approach testing is a key step at the outset
<br />of any zoning update process, particularly
<br />for communities with an older ordinance.
<br />Changes in the form of new approaches or
<br />techniques, such as the implementation of
<br />a generic use approach, or a new manner of
<br />handling nonconformities, can often be a
<br />larger mental hurdle than changes to specific
<br />provisions, such as modified building height
<br />or setback requirements. Testing such new
<br />techniques can help to ensure that they will
<br />work for your community, and that they are
<br />supportable by staff, elected officials, and the
<br />public. Approach testing is often useful when
<br />transitioning from one technique to another,
<br />or when attempting to implement a new
<br />technique or practice within a community.
<br />Testing a new approach requires that
<br />all stakeholders understand and support the
<br />proposed change of course. For example,
<br />many older zoning ordinances subject all
<br />nonconformities to the same standards.
<br />Meanwhile, contemporary zoning ordinances
<br />often define and regulate different types of
<br />nonconformities, such as "nonconforming
<br />tots," "nonconforming uses," "nonconforming
<br />structures," "nonconforming signs," and
<br />"nonconforming site elements" (e.g.,
<br />landscaping, lighting, and parking). The
<br />benefit of this approach is that, rather
<br />than rendering a structure nonconforming
<br />because of a landscape issue, it establishes
<br />a separate set of regulations that govern
<br />the maintenance and improvement of only
<br />the nonconforming element. (However,
<br />it is important to note that the enabling
<br />legislation in some states does not allow for
<br />"nonconforming site element" provisions.)
<br />Testing such an approach, depending
<br />upon the state in which it is proposed, may
<br />first involve getting a legal OK to proceed,
<br />then discussing with staff and stakeholders
<br />the details of how this approach is different
<br />and what exactly it would mean within
<br />ZONINGPRAC T ICE 11.17
<br />AMERICAN PLANNING ASSOCIATION Ipagel
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