City Zoning Ordinances Can Be Improved With Images

8/9/2019 City Zoning Ordinances Can Be Improved With Images

1/4

City Zoning Ordinances Can Be Improved With Images

By Rachel Carlson, LMC Staff Attorney,http://lmccodification.blogspot.com

When drafting the LMCZoning Guide a few years ago, I included a section called

suggestions for drafting a readable zoning ordinance. My number one tip was use

graphics, tables, maps andillustrations wherever possible.

Describing sight triangles in legal language can be arduous. Explaining in text where to

begin measuring a fence can be complex. Often painstakingly detailed and accurate text

can leave even the most earnest readers still scratching their heads saying now wait a

minute, I think I got itbut let me read it again.Images and graphics can improve

readability for citizens and officials by a hundred fold.

Why is readability in ordinance language important? Readability the use of clear

concise language reduces staff time in explaining nuance. Readability also decreases

cases of accidental non-compliance. These are the cases of the sympathetic, well-

intentioned citizen who thought they installed grandmothers access ramp in the right

place. But now it will cost them $10,000.00 to move everything. These types of cases

can demand extensive enforcement efforts from city staff and create difficult political

situations for city council members. It is much easier on the front end to take the time to

craft ordinances that are easy to understand. Images can help.

Sample Images Used in City Ordinances:

Here are some great examples of where a well placed diagram is worth a thousand

words:

1. City of Minnetonka, MN Zoning Code, Section 300.02, Definitions:

Building height- the vertical distance above a reference datum measured to the

highest point of the coping of a flat roof or to the deck line of a mansard roof or to the

average height of the highest gable of a pitched or hipped roof. The reference datum

shall be selected by either of the following, whichever yields a greater building height:
http://lmccodification.blogspot.com/http://lmccodification.blogspot.com/http://lmccodification.blogspot.com/http://lmccodification.blogspot.com/


2/4

a) the elevation of the highest adjoining sidewalk or ground surface within a five foot

horizontal distance of the exterior wall of the building when such sidewalk or ground

surface is not more than 10 feet above lowest grade. (No. 1)

b) an elevation 10 feet higher than the lowest grade when the sidewalk or ground

surface described in item 1 above is more than 10 feet above lowest grade. (No. 2)

(Figure 3)

2. City of Minnetonka, MN Zoning Code, Section 300.02, Definitions:

Cul-de-sac- a street with a single means of ingress/egress and having a turnaround

at the end. A turnaroundmay be in the form of a circular bubble of pavement or an

internal looped street. (Figure 4)
http://1.bp.blogspot.com/_mUtC4kZ14Mk/TG2Hrw8bAnI/AAAAAAAAAEE/AvCxj4ONolE/s1600/Minnetonka+Picture+2.bmphttp://3.bp.blogspot.com/_mUtC4kZ14Mk/TG2Hg0e76mI/AAAAAAAAAEA/QA4lVNKN0xQ/s1600/Minnetonka+Picture.bmp


3/4

3. City of Cary, North Carolina Zoning Code:

9.1.5 Computations

(A) Area Computation of Individual Signs

The area of a sign face (which is also the sign area of a wall sign or other sign with

only one face) shall be computed by means of the smallest rectangle that will

encompass the extreme limits of the writing, representation, emblem or other display,

together with any material or color forming an integral part of the background of the

display or used to differentiate the sign from the backdrop or structure against which

it is placed, but not including any supporting framework, base, bracing or decorative

fence or wall when such fence or wall otherwise meets the regulations of this chapter

and is clearly incidental to the display itself. For a single wall on a single-occupant

building, all pieces of information or other graphic representations on that wall shall

be measured as though part of one (1) sign, encompassed within one (1) rectangle,

which may not exceed ten (10) percent of the total wall area to which the sign is

affixed. For a single wall on a multi-occupant building, the area of signs shall be

computed using these principles, and each individual sign shall not exceed ten (10)

percent of the total wall area to which the sign(s) is affixed.
http://2.bp.blogspot.com/_mUtC4kZ14Mk/TG2Hyiwk4II/AAAAAAAAAEI/FMWg_e2IRUg/s1600/Cary+NC.jpg


4/4

Common Concerns Related to Adding Images

Two main concerns arise when dealing with images in ordinance text. First, it isimportant to note that images and graphics shouldnt replace or conflict with carefullydrafted text.

When incorporating maps and images into an ordinance, it is advisable to specify in aseparate ordinance provision that the text takes precedent in the event of conflict. Forexample, illustrations and principles of interpretation included in the code shall beused in interpreting the relevant provisions, but where the text conflicts with anillustration or 'stated principle,' the text shall control.(See City of Cary, North CarolinaCode Appendix A, Chapter 9 1.4 (http://tinyurl.com/22w9y3l ).

Secondly, cities who are eager to use images may encounter resistance from a surprisingsource their codifiers. This past April, when I attended the Government TrainingServices Land Use lecture So You Want to ReWrite Your Zoning Ordinance,this was aconcern voiced by both the presenters and audience members. Some codifiers may beusing software that doesnt have the capacity to incorporate images. This can be anunfortunate surprise for a city, if this ocurs afterit has drafted an ordinance or hired acodifier.

As a result, when hiring a codifier, cities should directly ask their vendor if they have theability to incorporate images into codebooks. Even if the city isnt interested in doingthis now, it may wish to at some point in the future. In addition, it may be helpful to askthe codifier to provide samples of codebooks it has recently finished that incorporateimages. Not all codifiers approach this task in the same way. Cities may find that theyhave pointed preferences for how images should be include. For example - should animage be directly in the text? only available in an appendix? linked electronically?

Conclusion

A simple picture can go a long way in making complex ordinance provisionsunderstandable. Images simplify the regulatory process for all people involved citystaff, council and residents. Some cities are doing innovative things with images in theirordinances. I would particularly recommend reviewing the sign code provisions for theCity of Cary, North Carolina, as an example of great innovation. Cary uses LMCscodification partner, American Legal Publishing. The ordinance is available on theAmerican Legal website at this link:http://tinyurl.com/22w9y3l .

About the Author:

Rachel Carlson is an attorney with the League of Minnesota Cities. The League ofMinnesota Cities is a membership organization serving Minnesota cities since 1913.LMC Codification is a specialized service to help our cities maintain complete, up todate and affordable code books in a frequently changing legal landscape. The LMCCodification blog can be found at:http://lmccodification.blogspot.com.
http://tinyurl.com/22w9y3lhttp://tinyurl.com/22w9y3lhttp://tinyurl.com/22w9y3lhttp://tinyurl.com/22w9y3lhttp://tinyurl.com/22w9y3lhttp://tinyurl.com/22w9y3lhttp://lmccodification.blogspot.com./http://lmccodification.blogspot.com./http://lmccodification.blogspot.com./http://lmccodification.blogspot.com./http://tinyurl.com/22w9y3lhttp://tinyurl.com/22w9y3l

Documents

City Zoning Ordinances Can Be Improved With Images