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May 9, 2014

Nancy S. McNayr, AICPMcNayr Paque, LLC

Oklahoma Municipal LeaguePlanning Commissioner Workshop

Oklahoma Municipal LeaguePlanning Commissioner Workshop

Zoning, Subdivision,and Other Ordinances

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Commission Responsibilities1. Prepare and maintain a general plan or land use plan.

2. Prepare such specific plans as may be necessary or desirable as a function of policy.

3. Prepare and maintain community plans.

4. Investigate and make recommendations as to reliable and practical means to implement the general plan.

5. Promote public interest in and understanding of the general plan and regulations relating to it.

6. Hold public hearings for proposed zoning ordinances; make recommendations to the City Council.

7. Hold public hearings for proposed amendments to the zoning code and/or the Zoning Map; make recommendations to the City Council.

8. Decide any questions involving interpretation or application of any provision of the zoning ordinance.

9. Act as the advisory agent on all matters related to subdivisions and make investigations and reports on the design and improvement of proposed subdivisions.

10. Other such functions as deemed necessary to guide future growth of the city.

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Purpose of Planning

Implement the vision of the comprehensive plan, Implement the policies of the comprehensive plan, Control the type, intensity, and location of land uses.

Three major objectives of planning are:To accommodate anticipated change,To bring about desired change,To prevent undesired change.

Purpose of Codes & Regulations

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Where are we NOW?

Where are we going?

What do we want for the

FUTURE?

How do we get from here to

there?

Why Plan?

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Decisions have a basis and a

purpose when a comprehensive plan is in place.

Why a Comprehensive Plan?

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IMPLEMENTATION TOOLSPrimary Tools: Zoning OrdinanceSubdivision Regulations

Capital Improvement Plan, Sign Ordinance, Drainage Ordinance, Code Enforcement tools, Paving Standards, Sidewalk Requirements, Construction Standards, Landscape Requirements, Park and Open Space Requirements.

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Zoning OrdinanceHistory: Nuisance ControlConceptual Period 1900 - 1926Developing formation of the police power, Concurrent movements – housing, pure food and drug, parks, good

government, and City Beautiful, Formation of the American Institute of Planners, and European Influence. 

Herbert Hoover’s Standard Planning and Zoning Enabling Acts: 1920s.States adopted and authorized zoning and planning for local jurisdictions.

Village of Euclid, OhioAmbler Realty vs. Euclid – 1922Supreme Court reverses found that Euclid's zoning ordinance was constitutional.  SC decided that the municipality can use its police power to enforce zoning ordinances that are established to ensure the public good.

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First Zoning Ordinance Adopted Nuisance ControlConceptual Period 1900 - 1926

Zoning shapes the city: Through zoning, a city regulates building size, population density, and land use. Zoning recognizes the changing demographic and economic conditions of the city and is a key tool for carrying out planning policy (Comprehensive Plan).

New York City enacted the nation's first comprehensive zoning resolution in 1916.

Within 6 years after the NYC ordinance, at least 1,800 American towns and cities adopt zoning as a land use control tool.

New York City -1916

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New York City Ordinance

Pyramidal

CumulativeResidential

SF / MF

Commercial

Light Industry

Heavy Indus & Manufacturing

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Opposition to Zoning Village of Euclid, Ohio

Ambler Realty vs. Euclid – 1922

Summary of facts:Ambler owned property in Village of Euclid that it intended to sell for industrial purposes.  A new zoning ordinance (1922) in Euclid, however, prevented industrial uses on significant portions of the property, only allowing development that commanded a considerably lower sale price than Ambler expected.

Lower Court found for Ambler. Supreme Court reverses lower court's decision and decides that the municipality can use its police power to enforce zoning ordinances that are established to ensure the public good.  SC determines that industry can be excluded from residential areas, even in a growing industrial village.  SC also determines that even retail trades and apartment buildings can reasonably be excluded from single-family areas in order to preserve an order, safety, and preferred character, stating that the value lost on the land in question is irrelevant. 

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There are Constitutional limits to zoning authority. The Oklahoma Legislature enacted legislation in 1923 which established the scope, procedures, and limitations for planning for cities, towns, and counties:

This grant of authority is set forth in:

Oklahoma Statutes Title 11 - Cities & Towns

Oklahoma Statutes Title 19 - Counties

Legal Basis - Oklahoma

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Implement the Comprehensive Plan, Protect Property Rights, Encourage the most appropriate uses of land, Regulate the size and location of buildings, Maintain and stabilize the value of property, Reduce fire hazards and improve public safety, Decrease traffic congestion and its accompanying hazards, Prevent undue concentration of population, Prevent overcrowding of land, Provide adequate light and air, Promote homogenous relationship of land use Create a stable pattern of land uses Promote the health, safety, and general welfare of present

and future inhabitants.

Purpose of Zoning

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Zoning OrdinanceStructure of a Zoning Ordinance:Text - Defines zoning districts, rules, procedures for changes, and administrative responsibilitiesMap - Defines geographic area

Land Use Regulation:Zoning ordinances typically contain the following: Permitted Uses Uses by condition or special use, Allowable residential densities, Setbacks for buildings, Maximum building sizes, Landscaping standards, Buffering rules between incompatible land uses, Off-street parking requirements, On-premise sign standards, Standards for “special” uses such as apartment complexes

and shopping centers.

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Zoning Approach & ResponsibilityZoning Approaches: Cumulative Districts Single Use Districts Special Purpose Districts Performance Standards Overlay Districts Planned Unit Development (PUD) Formed based codes

Responsibility of Zoning Decision Legislative – City Council (Commission) Advisory – Planning Commission Quasi-judicial – Zoning Board of Adjustment Administrative – Planning & Engineering Staff

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Zoning Issues & DiscussionOther Zoning Issues:

Conflicts of Interest Open Meetings Vested Rights

Terms for Discussion Amortization Spot Zoning & Contract Zoning Planned Unit District Zoning Aesthetic Standards/Signs/Historic Preservation Nonconformities – Non-Conforming Land Uses

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Zoning – Things to RememberZoning Purpose and Structure:1) Zoning is intended to protect property values, not limit them. 2) Zoning is intended to promote proper development.3) Zoning is a means to an end - Zoning should always be related to

the community goals stated in a comprehensive plan.4) Zoning ordinances are made up of text and maps. 5) There are different approaches - tailor a zoning ordinance to specific

community goals.

Decision Making and other Zoning Issues6) Four types of Decisions:

Legislative, Advisory, Quasi-judicial, Administrative

7) Applicants are entitled to an impartial decision-maker. 8) Meetings must be open to the public with reasonable notice. 9) Spot zoning and contract zoning require special attention. Non-conforming uses may be allowed to remain, or may be required

to be phased out.

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Subdivision RegulationsHistory: Land subdivision regulations date back to the early 1910’s. 1913, New Jersey - requires local planning board review. 1913, Massachusetts made planning mandatory.

Subdivision regulations must be integrated with other local government plans, polices, and ordinances:

Comprehensive Plan, Capital Improvement Program, Zoning Ordinance, Utility Plan, Street Improvement Policies, Environmental Impact Requirement, and Various Developmental and Environmental Health Regulations.

ADA

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The Oklahoma Legislature enacted legislation in 1923 which established the scope, procedures, and limitations for planning for cities, towns, and counties:

This grant of authority is set forth in:

Oklahoma Statutes Title 11 - Cities & TownsOklahoma Statutes Title 19 – Counties

Permits an entity to require recording of subdivisions and lots, Dedication of easements and rights-of-way, Coordination of streets and public facilities, Bonding to ensure compliance, Civil remedies for violations.

Legal Basis - Oklahoma

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Implement the Comprehensive Plan and Zoning Regulations, Ensure that subdivisions are properly designed, Establishing minimum standards for subdivision

improvement, Ensure proper public improvements provided, Ensure responsibility of subdivision maintenance, Establish good land records, Protect the buyer of lots.

Purpose of Subdivision Regulations

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Subdivision RegulationsRole of the Planning Commission: Review of Plats (approval in large cities) Advice on Ordinance Changes

(adoption of Subdivision Regulations) Advice on Development Policy

Oklahoma Statute: Title 11, Article 45The Planning Commission “...from time to time shall prepare a plan for the betterment of the municipality

as a place of residence or for business.” “... may consider and investigate any subject matter leading to the

development and betterment of the municipality, and make recommendations as it may deem advisable concerning the adoption thereof...”

“... for any purpose make or cause to be made surveys, maps or plans.” The power and authority to employ engineers, planners, secretary, clerks, etc.

subject to the approval of the municipal governing body.

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Subdivision RegulationsStructure of Subdivision Regulations: Standards to prepare, approve, and record each plat, Public dedication or reservation of rights-of-way or easements, Public improvements coordinated with existing or planned streets or

other public facilities located outside the subdivision, Method of surety to guarantee compliance with the requirements of

the ordinance,

Final approval given by either the governing body (city council or county board of commissioners) or a planning commission (in cities over 400,000 population).

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Subdivision RegulationsSubdivision Review Process

1) Pre-application

2) Preliminary Plat submission and reviewAgency referral processTechnical Review

3) Planning Commission ActionsPreliminary Plat Public HearingConditional ApprovalsDeferralsVariances and ModificationsDecision CriteriaFinal Plat, Approval Criteria, Recording

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Subdivision RegulationsSubdivision Review Process

Example only

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Subdivision RegulationsSubdivision Design and Improvement Issues

Boundaries, Critical areas, Storm water management, Curbing, Public or Private Streets, Utilities, Septic Tanks and other waste treatments, Cul-de-sac and stub-outs, Lot design-flags, panhandles, etc. Subdivision improvements;

pavement, drainage, sidewalks, walls, hydrants, signs, lights, landscaping

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Section Line Road

Subdivision RegulationsSpecial Types of Subdivisions Cluster Residential Subdivisions Manufactured Home Subdivisions Neo-traditional Subdivisions

Section Line Road

Example of Cluster Design # of Lots

DensityRoadway Length

Graphic 1: Two Acre lots on 160 acre traditional rural residential development

73*0.47 units per acre*

8,100 linear feet

Graphic 2: One Acre lots clustered on 160 acres -rural residential development

80**

0.5 dwelling units per acre**

6,000 linear feet

*Net Density ** Gross Density Roadway easements are not counted in lot area.

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Subdivisions – Things to Remember1) Purpose: to promote good development and design practice, to

ensure that the subdivision improvements are adequate, to establish good land records, and to protect the interest of the lot purchaser.

2) Communities have the legal right to expect developer to construct needed public improvements at no cost to the public if those improvements are necessary to serve the development.

3) The Planning Commission's role in the subdivision management process may vary in each community – may be advisory only.

4) Special types of subdivisions may be useful in special circumstances: Cluster developments, PUD's, neo-traditional developments, and manufactured housing developments offer creative solutions.

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Other Tools Capital Improvement Plan/Program:

Sign Ordinance, Drainage Ordinance, Code Enforcement tools, Paving Standards, Sidewalk Requirements, Construction Standards, Landscape Requirements, Park and Open Space Requirements.

• Prepare plans for community facilities,• Allow improvements proposals to be tested against a set of policies,• Schedule public improvements,• Opportunity to purchase land before costs go up,• Provide opportunity for long-range financial planning and management,• Help stabilize tax rates through careful debt management,• Coordinate public improvements,• Can offer an opportunity for citizens and public interests groups input, and• Can contribute to better overall management of the community.

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Our Future

►The future is not someplace we magically arrive – it is a journey, a road with many curves and turns.

►There are no solutions – only tough choices.