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Carl Stephani - Zoning 101: A Practical Introduction

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Previously published by the National League of Cities, this book will enable you to put everything related to zoning in context. As stated in the books Introduction by renown Land Use Attorney Dwight H. Merriam, FAICP, this book is essential reading for every citizen who is interested in understanding this important aspect of the operation of their local government.... ZONING 101 will turn the novice into an expert, and reinforce an experts understanding of ... the seven basic elements that form the center of the universe for all zoning ordinances. The Connecticut Conference of Municipalities finds it written in a concise, easy-to-read style, the primer introduces and explains the basic philosophy, and administration of modern zoning ordinances. The book is designed to be accessible and informative for busy local elected officials, as well be a handy reference tool for staff professionals, especially in smaller communities with limited personnel and resources for planning and zoning. The book features a section on the seven basic elements of zoning, and a glossary. Other focuses include applications processing, planned unit developments, overlay zones, subdivisions, performance zoning, and enforcement procedures. There also are practical tips on how to tackle difficult zoning situations and ways to involve the public in a positive manner on zoning issues. The author also wrote a guide published by the International City/County Management Association entitled Establishing Effective Citizens Advisory Committees.

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Zoning 101

A Practical Introduction

rd Edition

Carl J Stephani

&

Marilyn C Stephani

Copyright 2012

Carl and Marilyn Stephani

10 Progress Avenue

Unionville, Connecticut 06085

ISBN

FOREWARD TO THE THIRD EDITION

We have been very gratified about the fact that prior editions of this book have been well received and widely utilized. This book was originally published by the National League of Cities and is now being published by the authors. This edition of the book includes a variety of minor corrections and additions throughout the text, based on suggestions received by the authors. The book remains fundamentally the same with the same intent: to provide an easy-to-understand, short and concise description of the fundamentals of zoning.

Carl & Marilyn Stephani

FROM THE FOREWARD TO THE 2 ND EDITION

Zoning is a major and ongoing concern for local governments of all sizes, and often, zoning decisions are controversial. They can dominate the news media and galvanize citizens to spea k out in council meetings. Zoning issues also can be exceedingly complex.

Most zoning disputes, no matter how controversial or complex, are rooted in conflicts related to one or more of the basic principles of the typical zoning ordinance. To help local government officials understand these principles, the National League of Cities has published Zoning 101.

Written especially for local elected government leaders, this guidebook is designed as a primer to

introduce and explain the basic philosophy, terminology, elements, and procedures of zoning. It should be especially useful for local leaders in small communities where there are few, if any, full-time planning staff professionals, and for newly elected government officials who may be unfamiliar with basic zoning definitions and practices.

Carl J. Stephani, a local government planner and manager, and Marilyn C. Stephani, a real estate agent, wrote Zoning 101. The National League of Cities (NLC) appreciates their careful and extensive work on this project. We also thank NLC's Camille Kellogg, Mae Davis, and Jan Hammett for providing editorial, design, desktop publishing, and production support in preparing this guidebook for publication. This latest edition (the first edition was entitled A Practical Introduction to Zoning) contains additions and refinements that enhance the utility of the guidebook, which we believe is a must-have for any local elected government leader.

Donald J. Borut, Executive Director

Jeff Fletcher, Director, Center for Member Programs

National League of Cities


FROM INTRODUCTION TO THE 2 ND EDITION

Zoning is the most pervasive public regulation. It is the epicenter of local politics. It touches and concerns the lives of ordinary people every day and in every way. Zoning has its roots in the nuisance avoidance police power regulations of over a century ago, but it has grown in ways never anticipated when the U. S. Department of Commerce proposed the Standard Zoning Enabling Act in the mid- 1920s. As a planner-lawyer, I am inundated with the latest offerings in the esoterica of zoning massive printed treatises and texts of multiple volumes, monographs on such narrowly focused issues as Concentrated Animal Feeding Operations, and even totally computer-driven regulatory systems with nothing specified and everything by right subject to formulas that can be run if you have a spare gigabyte of memory.

But here in Zoning 101 - A Practical Introduction, we have a plain-language text with its feet firmly planted in the day-to-day realities of zoning theory and administration. From the galaxy of distant treatments of this enormous subject, Zoning 101 lightens our sky with a constellation of just seven basic elements that form the center of the universe for all zoning ordinances. Although ZONING 101 is probably of greatest interest to the inexperienced lay person, even the most hardened zoning veteran will find this book of interest.

The authors combine in their backgrounds more than four decades of professional planning experience, as well as service in elected city and county positions, and in real estate sales and development. That experience brought to bear on this subject makes this second edition of their book essential reading for every citizen who is interested in understanding this important aspect of the operation of their local government. Readers will find this book useful as a primary text for their own education, but I refer to it now and again when I need to give a lecture or run a training session. It's a wonderful source for outlining public presentations. Zoning 101 will turn the novice into an expert and reinforce an expert's understanding of basic principles.

Dwight H. Merriam, FAICP

TABLE OF CONTENTS

FOREWARD TO THE THIRD EDITION

FROM THE FOREWARD TO THE 2 ND EDITION

FROM INTRODUCTION TO THE 2 ND EDITION

TABLE OF CONTENTS

ACKNOWLEDGMENTS

OVERVIEW

Background

Seven Basic Elements

Why So Complicated?

1 USES

Background

Permitted Uses: By Right

Special Uses

Temporary Uses

2 DEVELOPMENT STANDARDS

Background

Development Standards

Variances

3 NON-CONFORMITIES

Background

Non-Conforming Uses

Non -Conforming Special Uses

Non Conforming to the Development Standards - Structures

Non -Conforming to the Development Standards - Lots

Illegal Non -Conformities

Grandfathered Rights

Vested Rights

4 PERMIT EVALUATION CRITERIA

Background

Permit Evaluation Criteria

Special Use Permit Criteria

Temporary Use Permit Criteria

Variance Criteria

Modifications to Non Conformity Criteria

Other Permits

Changes in Zoning

5 PROCEDURES

Background

Four Basic Procedures

Hearings Officer

Appeals

Litigation

6 DEFINITIONS

7 MAP

8 ADMINISTRATION

Background

Projects Permitted Outright

1. Building

2. Planning Department

Projects Requiring Permits

Projects Requiring Zone Changes

Staff Report and Documentation

Permits vs. Zone Changes

Permit and Zone Change Expiration

9 OVERLAY ZONES AND PLANNED DEVELOPMENTS

Overlay Zones

Planned Developments

Varieties of Planned Development Permits

Planned Development Overlay Zones

10 PUBLIC HEARINGS: LEGISLATIVE AND QUASI-JUDICIAL

Background

Legislative vs. Quasi-Judicial Decisions

Public Meetings vs. Public Hearings

Conflict of Interest

11 SUBDIVISION ORDINANCES & DEVELOPMENT CODES

Background

Lot Splits/Lot Line Adjustments

Subdivisions

Development Codes

12 ENFORCEMENT

13 GENERAL PLANS

Background

Federal Programs

Consistency between Zoning and General Plans

14 PERFORMANCE ZONING

15 TERMINOLOGY

Assessor's Parcel Numbers

Case Law

Cities vs. Towns

Codes

Covenants, Conditions, and Restrictions

Development, or Land Development

Form-Based Code

General Purpose vs. Special District Local Governments

Land Use

Motions, Resolutions, and Ordinances

Municipalities

Permit

Property Location and Identification

Public Health, Safety, and Welfare

Public and Private Land

Pyramidal Zoning Ordinances

Section

Special, or Conditional Uses

Statutes vs. Ordinances

Township, Range, and Section

CONCLUSION

ABOUT THE AUTHORS

INDEX

ACKNOWLEDGMENTS

Organizing the material in this book has not been easy. Marilyn deserves credit for the simplicity of its presentation.

The following friends and associates reviewed early drafts of the book: Grady Gammage, land use attorney, Arizona; Marvin E. Gloege, retired planner, Oregon; Craig Greenleaf, planner, State of Washington; Richard Ligon, land use attorney, Oregon; William Offutt, retired county manager, Nevada; and Darrick Wade, architect, Colorado. We greatly acknowledge and appreciate their assistance.

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