What’s in Your Zoning Ordinance? Ten ways to apply the principles of brevity and clarity to local zoning 2009 Annual Conference Michigan Association of Planning October 2, 2009 Rodney C. Nanney, AICP Building Place Consultants http://www.buildingplace.net

Agenda Introduction and Welcome Tricks of the zoning ordinance trade that help make smart planning consultants look good Questions Wrap Up Presentation materials will be online Monday at http://www.buildingplace.net

Introduction and Welcome

Tricks of the zoning ordinance trade that help make smart planning consultants look good

Questions

Wrap Up

Presentation materials will be online Monday at http://www.buildingplace.net

Rodney C. Nanney, AICP Professional Planner and Planning Consultant “ Zoning Guru” Writer Public speaker Focus: To translate planner-speak, lawyerese, and zoning jargon into plain language For more, visit http://www.buildingplace.net

Professional Planner and Planning Consultant

“ Zoning Guru”

Writer

Public speaker

Focus:

To translate planner-speak, lawyerese, and zoning jargon into plain language

For more, visit http://www.buildingplace.net

Zoning as a Rocket Science?

The Rocket Science Technical Manual Model of Zoning Ordinance Formatting Times New Roman - not Web friendly eight point font no graphics list & outline layout few subject headings & titles

Times New Roman - not Web friendly

eight point font

no graphics

list & outline layout

few subject headings & titles

Rocket Science Technical Manual Model of Zoning Terminology “ Farm” 160+ words for:

Ten ways to apply the principles of brevity and clarity to local zoning Read the ordinance Eliminate unnecessary words and phrases Touch up the definitions Add subject headings and titles Consolidate subject areas into a single section Use a “land use table” format Organize regulations into tables Clarify processes with flowcharts Add illustrations Compare your zoning ordinance to your master plan

Read the ordinance

Eliminate unnecessary words and phrases

Touch up the definitions

Add subject headings and titles

Consolidate subject areas into a single section

Use a “land use table” format

Organize regulations into tables

Clarify processes with flowcharts

Add illustrations

Compare your zoning ordinance to your master plan

Read Your Zoning Ordinance The Zoning Guru Guarantee: You will be surprised by something you find in your community’s zoning ordinance You may even be appalled by something you find lurking in the dark corners of the document Zoning Ordinances make excellent bedtime reading Read from beginning to end, or Search the document by subject

The Zoning Guru Guarantee:

You will be surprised by something you find in your community’s zoning ordinance

You may even be appalled by something you find lurking in the dark corners of the document

Zoning Ordinances make excellent bedtime reading

Read from beginning to end, or

Search the document by subject

Read Your Zoning Ordinance Take notes in the margins It’s OK, it’s not a school textbook Highlight important or questionable parts Write down a list of questions that come to mind as you read

Take notes in the margins

It’s OK, it’s not a school textbook

Highlight important or questionable parts

Write down a list of questions that come to mind as you read

Add subject headings and titles

Consolidate subject areas into a single section Search your Zoning Ordinance Look for all provisions related to a particular topic Landscaping and screening Signs Outdoor storage Exterior lighting If you have trouble finding the multiple references, it’s time to consolidate!

Search your Zoning Ordinance

Look for all provisions related to a particular topic

Landscaping and screening

Signs

Outdoor storage

Exterior lighting

If you have trouble finding the multiple references, it’s time to consolidate!

Compare Your Zoning Ordinance to Your Master Plan Section 501(4) of the Michigan Zoning Enabling Act: “ A site plan shall be approved if it…is in compliance with the conditions imposed under: The zoning ordinance, Other local unit of government planning documents , Other applicable ordinances, and State and federal statutes.” In other words, “Your Master Plan has Teeth!”

Section 501(4) of the Michigan Zoning Enabling Act:

“ A site plan shall be approved if it…is in compliance with the conditions imposed under:

The zoning ordinance,

Other local unit of government planning documents ,

Other applicable ordinances, and

State and federal statutes.”

In other words, “Your Master Plan has Teeth!”

Read Your Master Plan Questions to ask yourself as you read: Is your Zoning Ordinance working for or against your Master Plan? priorities recommendations goals policies Does your Master Plan provide a strong foundation for your Zoning Ordinance?

Questions to ask yourself as you read:

Is your Zoning Ordinance working for or against your Master Plan?

priorities

recommendations

goals

policies

Does your Master Plan provide a strong foundation for your Zoning Ordinance?

Where in the World is our Master Plan? Call out the search dogs! Blow the dust off! Dig out the microfilm reader! It must be around here somewhere!

Call out the search dogs!

Blow the dust off!

Dig out the microfilm reader!

It must be around here somewhere!

Compare Your Zoning Ordinance to Your Master Plan Section 203(1) of the Michigan Zoning Enabling Act: “ The zoning ordinance shall be based upon a plan….” If provisions of your Zoning Ordinance conflict with your community’s Master Plan goals, objectives, or policies, Then there is no better time to begin updating one or both of these important documents!

Section 203(1) of the Michigan Zoning Enabling Act:

“ The zoning ordinance shall be based upon a plan….”

If provisions of your Zoning Ordinance conflict with your community’s Master Plan goals, objectives, or policies,

Then there is no better time to begin updating one or both of these important documents!

Organize Regulations into Tables Lists by district Paper intensive Repetitive Hard to compare zoning districts

Lists by district

Paper intensive

Repetitive

Hard to compare zoning districts

Dimensional Standards Table

Anatomy of a Dimensional Standards Table

Anatomy of a Dimensional Standards Table

Anatomy of a Dimensional Standards Table

Anatomy of a Dimensional Standards Table

DST Example: Many Zoning Districts

Any numbers or lists can be put into a table format This….

This….

Any numbers or lists can be put into a table format …can become this:

…can become this:

Add Illustrations Picture = 1,000 words Vilican-Lehman Associates created most widely used/copied zoning illustrations in Michigan 30+ years ago If your Zoning Ordinance has no illustrations, or they look like these, it is time for a change:

Picture = 1,000 words

Vilican-Lehman Associates created most widely used/copied zoning illustrations in Michigan 30+ years ago

If your Zoning Ordinance has no illustrations, or they look like these, it is time for a change:

Add Illustrations Zoning Terms: Lot width Lot lines Lot depth Front yard Side yard Rear yard Right-of-way

Zoning Terms:

Lot width

Lot lines

Lot depth

Front yard

Side yard

Rear yard

Right-of-way

Add Illustrations

Clarify processes with flowcharts Typical Zoning Ordinance approval processes include: Site Plan Review Special or Conditional Use Permit Approval Planned Unit Developments Rezoning

Typical Zoning Ordinance approval processes include:

Site Plan Review

Special or Conditional Use Permit Approval

Planned Unit Developments

Rezoning

Clarify processes with flowcharts not Web friendly small font list & outline layout Difficult to follow

not Web friendly

small font

list & outline layout

Difficult to follow

Clarify processes with flowcharts

Eliminate unnecessary words and phrases As you read your Zoning Ordinance, consider: Can the regulation be stated in fewer words? Does the text clearly reflect the intent of the ordinance? Too often, the purpose is lost in multiple clauses and phrases, exceptions and double negatives.

As you read your Zoning Ordinance, consider:

Can the regulation be stated in fewer words?

Does the text clearly reflect the intent of the ordinance?

Too often, the purpose is lost in multiple clauses and phrases, exceptions and double negatives.

Eliminate unnecessary words and phrases Eradicate legalisms like “herewith,” “therewith,” “herein,” “hereby,” “heretofore,” “thereof,” and “theretofore” wherever they are found to be hiding! Eliminate filler or vague phrases like “in furtherance of,” “deemed to be,” “in order to,” and “to the maximum extent feasible.” Break up paragraph-long sentences into short declarative sentences Watch for the semi-colons!

Eradicate legalisms like “herewith,” “therewith,” “herein,” “hereby,” “heretofore,” “thereof,” and “theretofore” wherever they are found to be hiding!

Eliminate filler or vague phrases like “in furtherance of,” “deemed to be,” “in order to,” and “to the maximum extent feasible.”

Break up paragraph-long sentences into short declarative sentences

Watch for the semi-colons!

Touch up the definitions Add new land use definitions Replace outdated terms like “mobile home” Word search for unused terms Expect to have 150 - 250 defined terms

Add new land use definitions

Replace outdated terms like “mobile home”

Word search for unused terms

Expect to have 150 - 250 defined terms

Use a “land use table” format The “heart” of the ordinance Zoning Districts Permitted Land Uses

The “heart” of the ordinance

Zoning Districts

Permitted Land Uses

Land Use Table

Keys to a Successful Land Use Table Organize land uses into groups for readability and convenience Rural Uses Residential Uses Office, Service, and Community Uses Commercial Uses Industrial, Research, and Laboratory Uses Other Uses Delete the old zoning district text when you adopt the Land Use Table format

Organize land uses into groups for readability and convenience

Rural Uses

Residential Uses

Office, Service, and Community Uses

Commercial Uses

Industrial, Research, and Laboratory Uses

Other Uses

Delete the old zoning district text when you adopt the Land Use Table format

Zoning Districts vs. “Use Groups” “ Use Groups” are only an organizational tool Easier to find specific land uses in the Land Use Table A land use in a particular “Use Group” may be listed in multiple zoning districts Ex. Churches, office buildings, retail sales

“ Use Groups” are only an organizational tool

Easier to find specific land uses in the Land Use Table

A land use in a particular “Use Group” may be listed in multiple zoning districts

Ex. Churches, office buildings, retail sales

Keys to a Successful Land Use Table “ Other Uses ” These are uses that, because of unusual character, intensity or nuisance factors, do not fit well into the preceding use groups Examples: Adult Entertainment/Sexually-Oriented Businesses Sanitary Landfill Airport Concrete and Asphalt Plants Composting Centers or Recycling Facilities

“ Other Uses ”

These are uses that, because of unusual character, intensity or nuisance factors, do not fit well into the preceding use groups

Examples:

Adult Entertainment/Sexually-Oriented Businesses

Sanitary Landfill

Airport

Concrete and Asphalt Plants

Composting Centers or Recycling Facilities

Keys to a Successful Land Use Table P = Principal Use (or “ Principal Permitted Use”) a use permitted “by right” – may require site plan approval C = Conditional Use (or “ S = Special Use”) a use that may be permitted only after a public hearing

Use a “land use table” format

Use a “land use table” format

Use a “land use table” format

Land Use Table - Multiple Districts

Land Use Table - Rural Township

RECAP: Ten ways to apply brevity and clarity to zoning Read the ordinance Compare your zoning ordinance to your master plan Eliminate unnecessary words and phrases Add subject headings and titles Consolidate subject areas into a single section Organize regulations into tables Use a “land use table” format Touch up the definitions Clarify processes with flowcharts Add illustrations

Read the ordinance

Compare your zoning ordinance to your master plan

Eliminate unnecessary words and phrases

Add subject headings and titles

Consolidate subject areas into a single section

Organize regulations into tables

Use a “land use table” format

Touch up the definitions

Clarify processes with flowcharts

Add illustrations

Four More Warning Signs that your Zoning Ordinance Needs Brevity and Clarity Zoning Ordinance adopted more than five years ago … or you are on Amendment Supplement #23 The ZBA has a full agenda each month High or rapidly rising legal costs for zoning and land development issues Planning commissioners have to ask for legal opinions to understand the ordinance The only “good developments” are PUDs

Zoning Ordinance adopted more than five years ago

… or you are on Amendment Supplement #23

The ZBA has a full agenda each month

High or rapidly rising legal costs for zoning and land development issues

Planning commissioners have to ask for legal opinions to understand the ordinance

The only “good developments” are PUDs

Get the Right Sort of Professional Help Hire the right sort of community planner to help you modernize your zoning ordinance You wouldn’t hire a corporate finance attorney to defend you in a criminal trial Like lawyers, community planners specialize: Urban design Statistics/demographics GIS/mapping Downtown revitalization Historic preservation Zoning and land use planning Public participation/visioning Site planning and land development

Hire the right sort of community planner to help you modernize your zoning ordinance

You wouldn’t hire a corporate finance attorney to defend you in a criminal trial

Like lawyers, community planners specialize:

Urban design

Statistics/demographics

GIS/mapping

Downtown revitalization

Historic preservation

Zoning and land use planning

Public participation/visioning

Site planning and land development

Questions?