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A board stacked with
<br />contractors, realtors,
<br />developers, attorneys,
<br />and bankers may reach
<br />different conclusions
<br />than a board populated
<br />with schoolteachers
<br />and laborers.
<br />
<br />participation may unduly influence fellow
<br />board members.
<br /> Reaching all "indirect" interests in a par-
<br />dcular proiect may be difficult. Perhaps the
<br />landscape, architect is without a stake in the
<br />proiect belore the board but may want to do
<br />business later with the developer making the
<br />proposal. A statute broad enough to reach
<br />;uch an interest, however, may result in too
<br />many recusals. The problem illustrates why it
<br />is important not to appoint too many individu-
<br />,tis involved in development activity.
<br /> Educ~tMn. The most simple way to deal
<br />with bias is through education. Board mem-
<br />bors should be trained to recognize and avoid
<br /><ontlicts ,]nd learn the importance of impar-
<br />tiality. This training could be supported by
<br />state ~4rants. especially to assist smaller cities.
<br />.'At ~he very least, a brochure or document
<br />which sets forth the conflict of interest policy
<br />,lnd the importance of avoiding the appear-
<br />4nco of impropriety, along with examples of
<br />inmermissible conflicts, can be used. Mayors
<br />
<br /> and city counciis, ,Nhich appoint board
<br /> members, should be educated regarding the
<br /> benefits of appointing' a broad cross section
<br /> of the community to zoning boards. They
<br /> should recognize the danger of appointing too
<br /> many of those who may be directly or indi-
<br /> rectly pro-development,
<br /> Other Optio~. Some options for control-
<br /> ling zoning board bias would require modifying
<br /> the way zoning works. For example, the city
<br /> council could curtail board discretion bY
<br />· adopting more stringent guidelines. Early
<br /> zoning theory assumed that departures from
<br /> the comprehensive plan would be infrequent.
<br /> If al! zoning decisions were required to be in
<br /> s~dct accordance with a truly comprehensive
<br /> planning'document, the board's power would
<br /> be diminished, and leave little room for
<br /> personat bias. Very few states actually require
<br /> serious plan consistency, but public recognition
<br /> of the enormous power vested in boards of
<br /> dubious composition may encourage other
<br /> states to follow suit.
<br /> Another option is to elect zoning board
<br />members--although it would be difficult to
<br />reduce bia~ through this method. A person
<br />willing to take the time to run for the zoning
<br />board would most likely be someone with extra
<br />money, someone who does not work two iobs
<br />to make ends meet, and someone who is will-
<br />ing to deal with the hassle of campaigning.
<br />Most frequently, this may be a white-collar pro-
<br />fessional and a person with a special interest
<br />in zoning matters. Members without vested
<br />interest in development might be attracted by
<br />compensation for service on the board.
<br /> A better option may be to use hired plan:
<br />ning professionals as the primary decision
<br />makers, just as agency officials make prelim[-
<br />nary decisions in other aspects of our lives.
<br />
<br />:'md'erson. Jerry. L, and Erin Sass. :z00'4. "t~,the4NheeI. U J'~'ba[~.ced?:A Study:of:Bi~si'i:~r~: ....... !'" '.
<br />Zonin§ Boards.:"36 Urban'Lawyer447; 448-~9.- ' ':~-'. : :...,'! '.:.:: .:.
<br />Cordes, "Aark..~g89. Polidng. Bios and. Conflict$,of lnteres¢in Zoning:~nd DeciSfonmetdng;' '
<br />~g N.D:L ~ev. ~6~. . '~.:-~:.-'. " .. · ;..(.-. ]; " . .
<br />Kmiec, O[)u~ as W..~oo~. Zbning ~nd: Pl~nninG Oeskbook~ New.-Yerku~omson.~est; ~nd:ed~ .
<br />
<br />Salkin, Patricia E. 2oo2. "Avaidin~ Ethics Traps, in-~nd:UseOecisionmakin~-,"'~AU?Ag&~ ,.~= .
<br />Course ]~ Study, AuB. ~2-~). Accessed-at:'l~..wustl.edu/landuselaw./A~i~les/S~lkin;pdff -.
<br />
<br />Walker, 2o~ert A'; t95a; ~he Planning Function:in Urban Government: Chica~mUhfversiW off
<br />Chica~;c~ Press. 2nd ed.
<br />
<br />Thes~ staff decisions could be appealed to
<br />the city'council. If staff were removable only
<br />for cause, their decisions mi§hr be more
<br />insulated from political concerns. This solu-
<br />tion would require, however, a maior shift in
<br />thinking about how to handle zoning matters.
<br />
<br /> CONCLUSION
<br />Zoning board members serve crucial functions '
<br />in our communities. There is no doubt that ~heir
<br />task is typically thankless. They spend countless
<br />hours poring over maps, plats, and covenants,
<br />and often will anger someone in the community
<br />no matter what decisions they make. It is impor-
<br />tant, therefore, that the community accept these
<br />pub!lc servants as neutral decision makers. '
<br />While it is impossible to eliminate all self-
<br />'interest, the recommendations above should
<br />help create a level playing field in which all :
<br />community-concerns will be weighed equally.
<br />Awareness of the problem may be the most
<br />important first step. Which occupations are rep-
<br />resented on the board of your community?
<br />
<br />VOL. ~2, NO. '~o :
<br />Zoning Proctice is a monthly publication of the
<br />American Planning Association. Subscriptions are
<br />avai[abl, e for $65 (U.S.) and $90 (foreign). W. Paul
<br />Farmer, ~cP, Executive Director; William R. Klein,
<br />AICP, Director of Research.
<br />Zoning Practice (ISSN ~$z~8-ot35) is produced at
<br />APA. lira Schwab, A~CP, and Michael 0avidson,
<br />Editors; lulie Von Bergen, Assistant Editor;
<br />
<br />Lisa Barton, Design and Production.
<br />
<br />Copyright ©~oo5 by American Planning
<br />Association, ~22 S. Michigan Ave., Suite t6oo,
<br />Chicago, IL 6o6o~. The American Planning
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<br />ZONING PRACI'ICE ~.o.o5
<br />AMERICAN PLANNING ASSOCIATION
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