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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.

1 posted on 01/02/2002 11:41:57 AM PST by mountaineer
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To: mountaineer
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.
2 posted on 01/02/2002 11:54:52 AM PST by TomGuy
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To: mountaineer
This looks interesting.

Planning and Zoning News

3 posted on 01/02/2002 11:59:13 AM PST by Cagey
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To: mountaineer
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!

4 posted on 01/02/2002 12:14:52 PM PST by LSAggie
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To: mountaineer
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.

5 posted on 01/02/2002 12:18:14 PM PST by Happygal
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To: mountaineer
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.

7 posted on 01/02/2002 12:23:27 PM PST by been_lurking
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To: mountaineer
If you want to keep a downtown business district AND local retailers, then keep Wal-Mart out.
9 posted on 01/02/2002 12:25:22 PM PST by demsux
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To: mountaineer
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.
11 posted on 01/02/2002 12:29:51 PM PST by Dog Gone
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To: mountaineer
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.

14 posted on 01/02/2002 12:37:50 PM PST by daniel boob
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To: mountaineer
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.

15 posted on 01/02/2002 12:39:28 PM PST by Bruce Buckley
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To: mountaineer
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.)
17 posted on 01/02/2002 1:03:57 PM PST by phil1750
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To: mountaineer
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.

18 posted on 01/02/2002 1:05:48 PM PST by bvw
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To: mountaineer
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...

19 posted on 01/02/2002 1:12:30 PM PST by Dog Gone
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To: mountaineer
Zone as little as possible. Make it simple or don't do it. Zoning is a way governments take property. Let people do what they want with thier own property. After all, its their property. The professional planners and planning associations are just professional at taking property and rights. They will use you to take over your town. It sounds like your doing alright now. If it's not broke don't fix it. Moreover, if it's broke don't fix it.
21 posted on 01/02/2002 1:20:08 PM PST by kampeska
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To: 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.

You're not going to like this answer, but after 6 years on my local planning commission, and in private practice as an architect and urban designer, the situation that you describe is simply the way that zoning ordinances work. Wait, really, I'm not trying to be cynical, only factual. And no, I'm not a Libertarian. As a rational matter, it's my experience that virturally none of the good things promised by zoning ever materialize, but the "collateral damage" (ie, added costs for development, erosion of property rights, corruption, special preferences etc etc etc.) do.

If it's a legal option in your state and county, the best option is to not have a zoning ordinance. If that's not possible legally, then the next most important things (in order) are:

1. Keep it simple. Have as few different zones as possible (say one residental, one commercial, one industrial) with simple, logical requirements. If possible, have the zones "tiered" (ie, allow the less "impactful" uses in the more intensive zones, to minimize the restrictions placed on private property. For example, you can allow residential uses in commercial zones, commercial uses in industrial zones etc.)

2. Have as few (or no) discretionary reviews. These take the form of conditional use permits that are issued by staff or the planning commission on a 'case by case' basis. The problem here is that discretion often turns into favoritism or downright irrational extortion relative to the proposed development. It's tempting, but you'll be sorry if you give in to this. The same goes for design review boards -- don't do it. Best case is that you'll get a group of under-employed gadflies demanding hansel-and-gretel gingerbread on everything. Worst case is that you'll get a group making development so expensive that it'll never happen (even the good stuff that you do want and need).

3. Start with a survey of existing conditions. This can be as simple as the commission and staff taking a couple of weekends to drive around town and note setbacks, lot coverage etc., or the product of an expensive consultant. In either event, what you want to do is avoid creating a bunch of "non-conforming" uses with your new ordinance by accident. You don't want to do it on purpose, either, IMHO.

4. Don't let the college kids or their professors anywhere near this effort. They don't have the same committment to your town as you do, and most likely have all sorts of goofy notions about private property that you won't share. Plus, they're called 'students' for a reason -- they still have their heads at least half full of mush, and the professors, well..., I'll leave that thought here.

5. DO involve the rest of the town. Set a schedule for the enterprise (say 12 months), and schedule a series of publicly-noticed workshops at 1-2 month intervals. I'd start with an introductory meeting, and then one meeting per major zone designation to discuss goals (not procedures) for each planning area. The other way you could structure the public workshops is by neighborhood if this makes more sense for your area, but you then run a greater risk of a complex ordinance that divides the residents even more than is necessary.

Good luck, and, seriously, you ought to give consideration to the "no zoning" option. Oh, and the note in a post above about the "general plan" (which is what it's called in California law) is probably correct. You most likely will have to start with the plan and then move to the implementing zoning, but my sad advice above still applies. Just substitute "general plan designation" (or whatever your state law calls it) for "zone". FRegards

22 posted on 01/02/2002 1:25:48 PM PST by absalom01
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To: mountaineer
SO you and your fellow townspeople believe MORE gov't is the answer ?

Why ?

Think carefully about who wants zoning, what it will keep out, etc.

Finally, it is sad that so many Americans hate freedom, as in property rights,freedom to sell or NOT for any reason, etc. This USED to be a free country and the Zoning and Planning Boards and Commissions are no less a part of Socialism than the Soviet 5-Year Plan.

Why won't people mind their own damn business instead of worrying about how many bathrooms I have, the size of my windows , the type of floor covering,ad infinitum, ad nauseum ?

23 posted on 01/02/2002 1:30:44 PM PST by hoosierham
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To: mountaineer
As one who sat on a Zoning Board for 12 years, here is my two cents.

First, look at what your state statutes enable you to do. Do not let your transient population (college students)decide what the permanent residents will have to live with(I have had some expierience in that area), but holding public meetings is a must to develop a Master(Comprehensive)Plan.

Once the Master Plan is developed then the Zoning Ordinance can be written. For a town of 1100 folks I think it would take a little common sense and a little research into other municipalities around the country.

The biggest problem is going to be the makeup of the individuals who eventually wind up on the Planning and Zoning Boards.There will be endless appeals for "variances" from the Zoning plan. If these variances are arbitarily approved, then save yourself a lot of aggrivation and don't have a Zoning Ordinance. Success will depend upon the Character of the members of the boards and those who appoint them. Good Luck.

24 posted on 01/02/2002 1:38:21 PM PST by Hurricane
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To: mountaineer
I am a small time self storage developer/owner(as compared to the REITS). Zoning aparatchiks, planning commission commissars, and codes department sadists are the bane of my livelyhood. As a previous poster said, Houston has no zoning and appears to function rather well but if you want the pristine Norman Rockwell environs then you will have to institute some restrictions. My issue with all the powers that be in this field are not that they are unneeded but rather that they are inept, lazy, and create problems where problems do not exist in order to justify their employment. Many of them are frustrated folks who couldn't cut it in the private sector as well. On a whim they can increase the costs of my investments by 50% or better and in some cases kill it outright. With a new liberal mayor here in my fair city, we now have these departments headed by Sierra Club types who have made it plainly known how they feel about developing anything besides parks and greenways. It's a real mess.

On the other hand ...there are local government folks who absolutely love me.....the property tax gang....I wish my real estate was worth what they are always proclaiming. I bought some acreage last year for 320K and viola!!!....less than 3 months later they informed me that they thought it was worth 485K. I called the County Tax Trustee and told him I would be glad to sell it to him right away for that price. Needless to say I'm appealing. Come to think of it, I'm always appealing tax appraisals and F&E assessments.

Good Luck...you have no inkling of what sort of hell you will have unleashed. Trust me...if it ain't broke...don't fix it.

Follow thru with these regs and see what happens next time you want to build a garage or gazebo on your property.....or even if you want to park your bass boat or RV on your lot...once you open Pandora's box on this stuff...it'll chip away at stuff you now take for granted.

Regards.

25 posted on 01/02/2002 1:42:40 PM PST by wardaddy
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