Seeking Information and Advice re: Planning and Zoning Issues (Vanity)

1/2/02

[mountaineer]

The council of our small town has determined that our zoning ordinances are a mess, lacking any hint of coherence or logic. The code has been applied in a haphazard and probably illegal manner by past administrations. Council has formed a planning commission and I am one of those named to serve. We are charged with rewriting the zoning code.

We have only about 1,100 residents, nearly two-thirds of whom are transient college students. We cannot afford to hire a consultant to devise a town plan. We want to make the town business-friendly without negatively affecting the quality of life or property values of homeowners. We also have to consider whether to annex property that may be the site of a major development.

Existing businesses, all on Main Street, include a bar, a general store, a hair salon and a convenience store/pizzaria/coffeeshop enterprise. Other Main Street buildings are owned, for the most part, by the college or non-resident landlords.

[mountaineer]

I am soliciting input and advice from all experienced and civic-minded FReepers. Where do we start? What resources might we explore?

I thank you all in advance for any assistance you may offer.

[TomGuy]

For starters, see what other towns have a planning and zoning ordinances. This is a link to Google Search on town-planning and zoning.

You might also contact towns of similar size and see if they would provide you with their documentation.

[Cagey]

This looks interesting.

Planning and Zoning News

[LSAggie]

First question - Does your town have a Comprehensive Plan? If so, how old is it and how closely has it been followed? Most states' enabling legislation on planning and zoning requires that a Comprehensive Plan be prepared. It doesn't have to be detailed down to the block level, but you need to figure out what you want your town to "look like", i.e., where do you want the residential, the commercial, the industrial. Don't worry too much about what is already there, those uses can be "grandfathered in" when you write the new zoning ordinance.

The American Planning Association has some very good publication that could help your group in their task. Good Luck!

[Happygal]

Well first thing I'd do if I was you would be get out a questioneer and circulate it among all residents, particularly home and property owners in the area, asking them how the visualise the area, what they would like to see happening to it in the future, what areas they hope to see preserved, what kind of industry (small industry/manufacturing/tourism) they wish to attract to the town.

When you have an idea of the hopes and aspirations of the populice it may be easier to decide on what way to approach the next stages of re-zoning etc.

[mountaineer]

No, we don't have a comprehensive plan. I'm assuming that the commission will have to come up with one (wow, are we suffering the effects of the 20-year reign of an incompetent buffoon of a mayor!!), although we cannot afford to retain a consultant. I'm trying to get copies of other towns' plans and codes, to give us something to emulate.

[been_lurking]

Have the college students prepare the plan as a project. Or find your nearest local college that includes instruction on architecture, public administration, etc. They are always looking for "real world" cases to use.

By the way, you do realize that your "new" plan will be obsolete the minute the last signature is applied. The politicians will always ignore the plan when it suits them to do so.

[mountaineer]

I think you're right - public input is essential. Having attended a few public meetings in the past, I know we're in for some contentious times!

[demsux]

If you want to keep a downtown business district AND local retailers, then keep Wal-Mart out.

[westfield3]

www.plannersweb.com

links to the wesite of The Planning Commissioners Journal - worth seeing in its own right, but it also has many links to planning and zoning sites.

I would also check with your state office of planning.

[Dog Gone]

Do what most cities do. Grant favorable zoning to people who give you money, and zone out their competition. It's corrupt, and you should be hung for doing it, but it's common practice.

[Happygal]

And if public consultation is carried out in advance of the plans being drawn up, you are less likely to have objections afterwards...ruining all your hard work :-)

I am pretty well versed in planning and development plans for Ireland, but unfortunately not for your side of the globe. Sorry I can't be of more assistance. Good luck.

BTW...nice to see civic mindedness shining through! *S*

[mountaineer]

I assure you, Wal-Mart has no designs on our little bump in the road, as it is in the middle of nowhere! But I do appreciate your comment.

[daniel boob]

You can look at www.municode.com for a pre-fabricated planning and/or zoning code that is used by many smaller cities in a situation like yours (well, maybe not the buffoon Mayor for 20 years).

I must admit, being an architect with masterplan experience - you're going to be over your head. Take my advice, hire someone to provide you with some guidance - it will be the best dollars you've ever spent.

[Bruce Buckley]

Cost is an obvious factor for such a comprehensive overhaul. While I trend more toward the laissez faire philosophically, you might check out Municipal Codes Corporation. I believe that is the correct entity. They do numerous codifications and can provide a significant template, at a reasonable price--WHEN YOU DECIDE WHICH WAY TO GO.

My experience is that suburban Republicans are quite content with appropriation of property, so long as it is realty, through the mechanism of zoning.

[FreeTally]

Take my advice, hire someone to provide you with some guidance - it will be the best dollars you've ever spent.

I agree with DB. Having people who have no clue what they are doing write planning and zoning code sounds like how you got into this mess in the first place.

Secondly, with a town that small(and I assume that there is no city with 100,000 plus residents within 50 miles of you), it is unlikely that you really even need much of a land use plan. Just something general should do. Surely your town is not experiencing much current growth at that population figure. You shouldn't have to worry about McDonalds moving in and putting a restaurant next to Farmer Brown's house.

Also remember this: Many States have ruled(maybe all of them) that if a zoning change takes all of a property's value, the governmental body is liable to pay damages. This may not be an issue in your case, but you may want to keep it in mind.

[phil1750]

As a former chairman of a planning and zoning commission, maybe I can help. Several things must be done to lay the ground work. #1 Decide which areas (streets) you want to isolate as residential only. (usually R-1 does include parks, churches, and schools #2 Go to a neighboring town and get a copy of their zoning ordinances, and use this as a basis for writing your own ordinances. #3 Be sure to work closely with your city council. Without their agreement on the way you lay out the zones, you will be faced with countless exceptions and variances forever. #4. If you have manufacturing in your town, be sure to leave buffer zones. (that is no R-1 close, designate c-1, 2, and 3 aroung heavy manufacturing.)

[bvw]

Why zone?

Zoning is not such a great thing, and templating the zoning codes of other similar towns merely continues the problems latent in zoning. For example, having a zoning code means that when development comes to your town taxes will go up -- at the least due to litigation costs.

Zoning does not replace common sense, and common sense is only known in its time .... zoning takes too long a horizon.

I'm speaking from forty years experience in a way -- forty years ago my Dad was the head of his township's planning board when they adopted a comprehensive plan and zoning. The board and he put a lot of effort into it, the township hired the best experts at the time. Yet, the township -- now urban -- is indistinquishable from neighboring townships in all regards, to my understanding. Townships where they didn't do the same top-notch job. In sum, all the effort was in vain and likely caused more aggravation and corruption then without it.

Sometimes zoning excaberates problems. For example, there is a huge development -- many thousands of units -- near where I live where the zoning does NOT allow any shopping nearby. The nearest store is three miles away. It's ridiculous.

Modern zoning started in the 20's. As far as I am concerned it has NEVER proved its worth.

Are there better ways? Yes. But each State has its own silly statues now that ofen enshrine zoning as a muncipalities only check on building.

A job worth doing is worth doing well. My advice to all you all is to avoid zoning, minimize your code, maximimise human judgement at the time it is needed to be made. Minimize districts, maximise what may be done in them, but also maximise the ability of future town elected boards and zoning hearing boards to exercise reasonable checks on development and building.

Make sure that common resources are not overly taxed -- say by building a hundred homes wothout providing dollar one for a new school, or by locating a tannery or LP tank farm next to homes. A man should expect to be at peace with his neighbors.

[Dog Gone]

The city of Houston has no zoning, and it's managed to grow into the country's fourth-largest city. Granted, you see some unusual sights, like a 40-story office building next to a posh residential neighborhood, but the free market decides what is the best use of the land.

Besides, it's kinda fun to look out your office window and see the housewives sunbathing in their backyards...

[Leisler]

Wal-Mart, and the like, depend upon zoning and taxes. These create administration burdens and cost that can not be profitibly carried by small buisnesses in modest economic towns. Therefore the only way to make money is to build large to spread out the human, leagal, and professional costs. Towns don't care if you are three people or 100, the paperwork, fines, inspections, fees and permits are the same. Wal-Mart is the sympton of the disease, not , the desease itself. If it comes to lower taxes, less town government workers or Wal-Mart, the taxes and forms stay and so do the big chains.