Using Planning and Zoning to Promote Healthy Living

What is Zoning? Zoning is the process a municipality uses to plan for land use. The major types of zoning include: residential, commercial, industrial, agricultural and historic. Sub-categories exist within each of the major ones (example: R-1 for residential zoning for single- family homes, C-2 for a mixed use residential zone that also allows certain businesses, etc.)

The Zoning Ordinance Zoning establishes permitted uses, densities and dimensional requirements. Zoning applies to all development. Zoning must be in accordance with the comprehensive plan. Special use permits. Variances – use and area. Rezoning: legislative v. spot. Innovative zoning techniques (incentive, overlay).

Who Is Responsible for Creating Zoning? All power and authority in local government begins with the governing (elected) board. If a municipality adopts a set of zoning regulations, it must then create a zoning board of appeals (ZBA), which is separate from the governing board. The ZBA is made up of 3-5 local residents. Its basic function is to hear appeals and grant relief from the strict application of a municipality’s zoning regulations.

Powers and Duties of the Legislative Body Adoption of a comprehensive plan. Adoption of a zoning ordinance and map, including special use permit standards. Adoption of a subdivision ordinance. Adoption of site plan review standards. Amendments to any of the above. Appointment of members to land use and community interest boards.

Who has the Advisory Powers on Land Use? (The Planning Board) Development and revision of the Comprehensive Plan –Zoning changes –Capital budgets –Recreation studies –Variance requests –Subdivision regulations –Site plan regulations

Planning Board Overview Planning Board Members are Public Officers Term of Office: 5 or 7 years –Must file “Oath of Office” Qualifications: –Age, Residency, Citizenship Removal: –Attendance problems –For cause Statutory Requirements: Town Law §271 Village Law §7-718 General City Law §27 Planning Commissions: General Municipal Law §234-§239-a

Regulating Design and Improvements Lot configurations Landscaping Street Lighting Drainage Streets and Roads Sidewalks and Curbs Street Pattern Service Access Utility Installation

Walking & Biking Tools Narrow Streets Safe Routes to School Street Trees Benches Bike Lanes Lighting

Smart Growth = cluster development, bike paths, open space, location of schools and services near residential areas, farmer’s markets, healthy environment. Dumb Growth = dependency on individual oil related transportation. Large lots with no services nearby, travel many miles to obtain healthy food, many convenience stores offering high fat non-nutritional foods. Smart Growth v. Dumb Growth

How Zoning Affects Healthy Living Most current zoning promotes convenience stores whose main purpose is to sell beer, soda, chips and cigarettes. They encourage fast food chains with drive-through windows. Much current zoning discourages selling fresh fruits and vegetables, local dairy products, as well as creating places for social gatherings. Zoning of the past combined the post office with local farm goods, sidewalk connections, places for the public to gather.

Zoning Tools for Promoting Health Make sure your comprehensive plan is up to date. Eliminate fast food restaurant drive-thru windows in your community. Limit the number of parking space and location of parking. Require minimum distance between schools and fast food restaurants and convenience stores.

Farmers’ Markets and Your Community Create a sense of community Locate near both schools and residential areas Cars not welcome here

How Local Officials Can Support Healthy Communities Adoption of a comprehensive plan and land use zoning. Appointing community interest groups to work as a committee. Listen to the advice of their planner or community groups

Other planning tools & strategies Promote local greenways and bike trails that connect from neighborhood to neighborhood and town to town. Think about upgrading neighborhood parks with equipment that’s not just for the very young, but also for pre-teens, teenagers and even seniors. Work on creating local walking/running groups that meet weekly.

Where Do We Go From Here? Have an informal round table discussion on issues that you feel can improve the quality of life for its residents. Meet with elected officials. Attend planning boards and zoning board of appeals meeting. Understand the responsibilities of each board.

Lessons to Take Home Never underestimate the power of the citizen. Know what makes a healthy community. Begin working with the elected officials. Attend planning board meetings to understand how site plan reviews are conducted with an eye to improving the health of the community! Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. Margaret MeadMargaret Mead

Feel free to contact us! 600 Broadway Albany, New York Office: (518) Fax: (518) Judy Breselor, AICP, Executive Director: Lael Locke, Community Planner: