Municipal Government

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Municipal Government

• Land Use Planning

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Purpose of Land Use Planning

• To guide growth and change in a municipality in
  an orderly way that promotes the public interest
  while protecting property rights.

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U.S. planning in context

• Some countries have little or no planning.
  Others, Canada, for example, centralize planning
  at provincial levels.
• Planning in the U.S. occupies a middle ground,
  decentralized to the local level, within a state
  framework.

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A matter of balance I

• Competing interests
• A property owner may see an opportunity to make
  money by enlarging a parking lot for a
  restaurant.
• The lot could subject nearby residents to
  additional noise and night lighting, and they may
  have concerns about safety and privacy.

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A matter of balance II

• Local decision makers must decide how much
  regulation is needed
• To protect the public adequately
• Without infringing unduly on property rights.
• This cant be done ad hoc, case by case.
• Therefore, principles and procedures are
  established for the sake of consistency and
  fairness.

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Approaches to planning

• Most common -- Euclidean zoning
• Named after Euclid, Ohio
• Supreme Court upheld Euclids zoning ordinance in
  1926
• Based on idea of separation of incompatible
  land uses.

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Euclidean zoning I

• Separates land uses by intensity
• Intensity amount of noise, traffic, pollution
  etc. generated by the use.
• Highest intensity -- heavy industry
• Lowest intensity -- single-family residential
• Intermediate -- multi-family, office service,
  commercial, light industrial

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Euclidean zoning II

• Buffers incompatible uses
• With uses of intermediate intensity
• Office zones can buffer residential from
  commercial areas, etc.
• With mitigation of impact
• Screening with walls, privacy fences or
  vegetation
• Setbacks from property line
• Lighting regulations

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Criticism of Euclidean zoning

• Separation of uses leads to
• Urban sprawl
• Inefficient delivery of services Fire, water,
  sewer
• Dependence on automobiles
• Driving a mile for a loaf of bread
• Major arteries cutting up neighborhoods
• Urban crime
• Deterioration of central cities
• Cities empty out at 5 p.m.
• No eyes on the street -- Jane Jacobs

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Emerging approaches I

• New Urbanism
• Mixed uses
• Commercial below, apartments above
• Shop, work and recreate where you live
• Walkable neighborhoods
• Bike paths
• Grid streets to move traffic

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Emerging approaches II

• Form-based zoning
• Regulates buildings instead of uses
• Aesthetics
• Building height, setbacks, materials
• Relation of buildings to public space
• Creation of designed of public space
• Parking
• Streetscapes
• Relatively new in Michigan
• Grand Rapids, Mission Street in MP, Midland

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The Planning Team

• Planning Commission
• Writes master plan, zoning ordinance
• Acts on rezoning requests, site plans etc.
• City or Village Council
• Can choose whether to be final authority
• Zoning Board of Appeals
• Settles requests for variances
• Staff -- the local experts
• Consultants -- the out-of-town experts

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Master Plan

• One of the most important planning documents.
• Sets overall direction for change in land uses in
  the community
• Uses delineated in fuzzy areas
• Can be used to support decisions that move toward
  community goals.
• Non-motorized transportation
• Must respond to market forces. Planning
  something doesnt make it so.

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Use it or . . . .

• Master plans are use it or lose it
  propositions.
• Failure to follow the plan may discredit any
  attempt to use the plan as a defense for actions
  which may be challenged by property owners or
  developments. -- Michigan Municipal League

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Zoning ordinance

• Establishes the rules for land use
• If Euclidean
• Divides community into zoning districts.
• No longer fuzzy -- precisely defined.
• Controls the type and intensity of development
  allowed in each district.
• For example, neighborhood commercial might
  include convenience stores and small retail
  establishments, but exclude gas stations, auto
  repair shops, supermarkets and malls.

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Planning processes

• Rezoning petition
• Seeks to change zoning of a particular parcel.
• If approved, allows any use on the rezonedparcel
  permitted in that zoning district.
• Site plan
• An engineered design for a specific use for a
  particular parcel
• Can have full or administrative review
• Variance (decided by Zoning Board of Appeals)

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Useful concepts I

• Rezoning stays with the property, not with the
  owner
• Owner may change mind
• New owner can change use
• Uses permitted by right
• Conditional uses (special uses)

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Useful concepts II

• Grandfathering
• Zoning is not retroactive
• Existing uses allowed to remain as legal
  nonconformities.
• Should be brought into conformity over time.
• New use can only be one permitted in the zoning
  district.
• Limits on remodeling, rebuilding etc.

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A new zoning tool

• Historically, Michigan has not allowed contract
  zoning -- agreements with property owners to
  restrict the use of a property if rezoning is
  granted.
• Instead, planning commissions had to consider the
  whole range of uses permitted under a zoning
  district.

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Conditional Rezoning

• A recent change to state law allowed conditional
  rezoning.
• A property owner can voluntarily propose limiting
  the use of a piece of property.
• If accepted, the agreement is legally binding on
  the property owner.
• If the agreement is broken, the property reverts
  to the previous zoning.

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Zoning Board of Appeals

• Required in every community that has a zoning
  ordinance.
• Council can act as ZBA
• Or can appoint one.
• Has final authority over requests for variances.

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Variances

• Variances are requests to be allowed to break the
  law.
• Most should be denied.
• Two kinds
• Use -- permits a use not otherwise allowed in a
  zoning district
• Dimensional -- permits encroachment in required
  setbacks, parking requirements, building height,
  etc.

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Use Variance

• Petitioner is usually required to show
• Compliance with the law would cause unnecessary
  hardship for the owner
• Due to circumstances unique to the property.
• The problem shouldnt be self-created.
• The variance should do substantial justice both
  to the property owner and to others.

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Dimensional variance

• Petitioner is usually required to show
• Compliance with the law would cause practical
  difficulties for the property owner
• Due to circumstances unique to the property
• The problem shouldnt be self-created.
• The variance should be the minimum required to
  solve the problem.

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Why ZBAs should say no

• Eventually, the offhand granting of variances
  harms the communitys ability to enforce the
  ordinance.
• Poorly supported decision can over time have the
  effect of destroying the credibility of the
  zoning ordinance.

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Questions
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