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tess is ,een more in the story told by the
<br />quatitatiw] analysis of actua~ ez, perieP, ce than
<br />in any ',imple calculus. Implementation and
<br />evaluation si~ould be thou§hr or as synony-
<br />mous. 'The threads of planning, code adop-
<br />tion, and evaluation need to be tightly
<br />woven. Effective and timely evaluation rs
<br />needed s~ we can adjust coherently to
<br />chan~e and not repeat ~he mistakes of zon-
<br />in~ past. We can no longer afford to "wait
<br />and see." We must constan{ly challenge our
<br />purpose, intent, goals, and objectives, and
<br />
<br />ally, we need to ask whether our regulatory
<br />mechanisms are fair and equitable, adhere to
<br />the tenets of due process, and are within the
<br />bounds of reason.
<br /> The importance of such awareness is
<br />no better underscored than by a looming
<br />anti-planning and regulation sentiment that
<br />can claim its greatest.and most resounding
<br />victory in the passage of Measure :]7 in
<br />Oregon. As Edward Sullivan wrote in
<br />Plonning and Environmental Law (March
<br />2oo5), "Policy makers and planners must be
<br />
<br /> The 2003 zoning code took
<br />
<br /> a new approach to re§ulat-
<br /> .. lng nonconformities. It rec-
<br /> ognized that not all non-
<br /> conformities are inherently
<br /> problematic, nor is it nec-
<br /> essary to eliminate them
<br /> to achieve a coherent
<br /> ~and-use p~an. The new
<br /> code takes a case-by-case
<br /> approach, acknowledging
<br /> that some nonconformi-
<br /> ties, due to their eco-
<br />Case Study 7: The Clorissa Room is an active neighborhood blues
<br /> nomic viability, historic
<br />und jazz venue and a visible remembrance of times post. character, architectural
<br />value, or p~)tential to provide neighborhood services and work opportunities, are eligible for
<br />reuse ra£her than elimination. Case Study 7 describes the revival of a neighborhood music
<br />club with deep cultural roots in the community. The new code accommodated its rebirth as a
<br />successful jazz and blues venue.
<br />
<br />John Steinmetz
<br />
<br />assess ,]nd reassess the code's relationship
<br />to the plan and policy. Practitioners need to
<br />be observers of technology and markets and
<br />attuned to public need. This is something
<br />more ~han administering a code and process-.
<br />in§ applications. It is a commitment to the
<br />deliver,/of quality results and to add val. ue to
<br />the community.
<br />
<br /> We als~) have an ethical responsibility to
<br />continually test what we do and ensure that it
<br />continues tn be pertinent and to promote the
<br />goals for which we plan and regulate. The AICP
<br />Code uf ELhics instructs that we should have
<br />special coucern for the Ion§-ran§e conse-
<br />quenc~.~s of our actions. There is no better way
<br />to d~ this d~an by keeping a pulse beat on the
<br />unoact of ~JlJr rules and methods. Profession-
<br />
<br />clear-headed about the reasons, as well as
<br />the implications, for the passage of Measure
<br />
<br />37 in Oregon, for if it can happen in
<br />Oregon--where most citizens support plan-
<br />ning-it can happen anywhere." He adds
<br />that the political lessons learned reflect the
<br />ross of connection between citizens and the
<br />land-use program over a 3D-year period; (he
<br />need for political vigilance; and the constant
<br />need to justify planning and regulations.
<br />Professor Harvey Jacobs, in his discussion
<br />about the fight over land in America, exhorts
<br />that, "As planners we need to recognize that
<br />there are occasions of abusive administra-
<br />live practices in the implementation of land-
<br />use laws, and there are instances when the
<br />burden thai individual landowners are asked
<br />
<br />to bear to achieve a public purpose
<br />stretches the realm of credibility, even if a
<br />court were to find il; constitutional. Those
<br />concerned with sound land-use policy need
<br />to develop mechanisms to alleviate any
<br />undue burden that may arise through the
<br />enforcement of land-use laws." One way we
<br />can respond is to incorporate monitoring
<br />and evaluation systems into our land-use
<br />regulations so that we can recognize prob-
<br />[ems as they arise and take appropriate
<br />action to alleviate them. Monitorin~ and
<br />evaluating codes and regulations are ways
<br />to respond to the lessons of Measure 37. By
<br />.keeping tabs, we wiil also be sure that our
<br />regulations and processes remain reason-
<br />able and realistic in the context of the larger
<br />framework of technology, economics, law,
<br />and society.
<br />
<br />VOL ==, NO. 7
<br />Zoning Practice is a monthly publication of the
<br />American Planning A~sociation. Subscriptions
<br />are available for $65 (U.S.) and $9o (foreign). W.
<br />Paul Farmer, AICP, Executive Director; Wil. liam R.
<br />Klein, ~cP, Director of Research.
<br />Zoning Practice (ISSN t548-o~35) is produced at
<br />APA. Jim Schwab, ^lc~, and Michael Davidson,
<br />Editors; Barry Bain, A~CP, Fay Dolnick, Me§an
<br />Lewis, AICP, Marya Morrisl A~CP, Rebecca Retzlaff,
<br />^~cP, Lynn M. Ross, AICP, Sarah K. Wiebenson,
<br />Reporters; Julie Von Bergen, Assistant Editor;
<br />Lisa Barton, Design and Production.
<br />
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<br />ZONING PRACTICE O7.05
<br /> AMERICAN PLANNING ASSOCIATION
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