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<br />The Sensibility of <br />Unified Development Codes <br /> <br />Stuart Meek, FAICP <br /> <br />There are logical as well as historical reasons why the zoning and subdivision <br />processes are separate. <br /> <br />Zoning developed in this country in response <br />to concerns about incompatible uses (e.g., <br />industrial uses) moving into residential or, <br />commercial areas, and regulations focused on " <br />those issues. In contrast, subdivision regula. <br />tions evolved as a system to provide accurate <br />descriptions of small parcels of land and <br />eventually grew to include requirements for <br />the improvement of public streets and roads. <br />Increasingly, jurisdictions are consolidating <br />land development regulations into more com. <br />prehensive (and comprehensible) documents <br />that present controls in a more seamless. sys- <br />tematic manner. The documents are called <br />unified development codes, the focus of this <br />issue of Zoning Practice. <br /> <br />UOC BENEFITS <br />First, as a substantive matter, weaving all of <br />the regulations together in one legal document <br />ensures that the regulations thoroughly imple- <br />ment the comprehensive plan. Those drafting <br />the code have a forum where they can review <br />the advice and comments of technical experts <br />in the context of the broader public policy <br />goats set out in the comprehensive plan. <br />Further, drafters of a unified code can mitigate <br />some of the concerns of the experts; for exam- <br />ple, engineers will often accept a reduced road <br />size if they believe that the proposed code <br />provides a reasonable and finite limit to the <br />total amount of development that will rely on <br />that road or if standards for road connectivity <br />are added to the regulations. <br />Second, the best unified development <br />codes b.uiid on the strengths of planned <br />development regulations; that is, such codes <br />blend the use and intensity review process <br />(typically a part of the zoning process) with <br />design review (traditionally part of subdivi- <br />sion review). The integrated review process <br />allows citizens and neighbors of the groposed <br />development to get a dearer picture what is <br /> <br />102 <br /> <br /> <br />being proposed on the site. For example, <br />neighbors may object to a rezoning for a pro- <br />posed neighborhood commercial center, envi. <br />sioning itas a convenience store with 22 <br />gasoline pumps, a tall canopy over the <br />pumps, and enough lighting to serve a sta- <br />dium parking lot. A unified code, which <br />requires the developer to package an'd pres- <br />ent the rezoning proposal to include a design <br />plan showing good pedestrian a~cess, limited <br />automotive access, and ample amounts of <br />landscaping (and no gas pumps) would likely <br />convince neighbors that the proiect would <br />.result in a true "neighborhood" center. While <br />it may still be possible for the neighborhood <br />center to be built without undergoing review <br />Under the terms of the planned development <br />regulations, the absence of such regulations <br />could mean that the center would be subject <br />to a series of separate applications to be <br />reviewed one at a time without specific design <br />requirements, and not be the product of a uni- <br />. fied proposal reviewed all at once. <br />Third, the development code approach <br />reRects the way modern development occurs, <br /> <br />". ",..'..,.:,,..... <br /> <br />..~', .>~' ". <br /> <br />eliminating distinctions between subdivisions <br />and developments that are often arbitrary. If, for <br />example, the subdivision ordinance contains a <br />community's, road standards, is a development <br />that is not subject to subdivision or platting also <br />bound by those standards? With a development <br />code, there ar~ no questions about the applica- <br />bility of subdivisiGn ordinance standards to <br />developments exempt from subdivision. <br />Fourth, consolidating various develop- <br />ment regulations into a single document <br />helps provide full disclosure of the myriad of <br />regulations that can affect a proposed devel. <br />opment. This leads to better predictability for <br />everyone involved-developers, citizens, and' <br />public officials. When consolidation occurs in <br />a thoughtful and deliberate manner, the <br />development code approach can help to elim- <br />inate inconsistencies and redundancies <br />among various code provisions. Keen atten. <br />tion to organizational issues can also help <br />make regulations easier to understand, <br />administer, and ultimately, to enforce. <br />Fifth, the process of creating the code <br />should lead to the elimination of duplication, <br /> <br />....;.. <br /> <br />ZONINGPRACTlCE 6.06 <br />AMERICAN PlANNING ASSOCIATION I page 2 <br />