1. Zoning, Subdivision, and Other Ordinances
Oklahoma Municipal League Planning Commissioner Workshop
Zoning, Subdivision, and Other Ordinances
May 9, 2014
Nancy S. McNayr, AICP
McNayr Paque, LLC

2. Commission Responsibilities
1. 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.

3. Purpose of Planning Three major objectives of planning are:
To accommodate anticipated change,
To bring about desired change,
To prevent undesired change.
Purpose of Codes & Regulations
Implement the vision of the comprehensive plan,
Implement the policies of the comprehensive plan,
Control the type, intensity, and location of land uses.

4. What do we want for the FUTURE?
Why Plan?
Where are we NOW?
Where are we going?
What do we want for the FUTURE?
How do we get from here to there?

5. Why a Comprehensive Plan?
Decisions have a basis and a purpose when a comprehensive plan is in place.

6. IMPLEMENTATION TOOLS Primary Tools: Zoning Ordinance
Subdivision Regulations
Capital Improvement Plan,
Sign Ordinance,
Drainage Ordinance,
Code Enforcement tools,
Paving Standards,
Sidewalk Requirements,
Construction Standards,
Landscape Requirements,
Park and Open Space Requirements.

7. Zoning Ordinance History: Nuisance Control
Conceptual Period
Developing 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, Ohio
Ambler Realty vs. Euclid – 1922
Supreme 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.

8. New York City -1916 First Zoning Ordinance Adopted Nuisance Control
Conceptual Period
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.

9. New York City Ordinance
Pyramidal
Cumulative
Residential
SF / MF
Commercial
Light Industry
Heavy Indus & Manufacturing

10. 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. 

11. Legal Basis - Oklahoma
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

12. Purpose of Zoning 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.

13. Zoning Ordinance Structure of a Zoning Ordinance:
Text - Defines zoning districts, rules, procedures for changes, and administrative responsibilities
Map - 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.

14. Zoning Approach & Responsibility
Zoning 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

15. Zoning Issues & Discussion
Other 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

16. Zoning – Things to Remember
Zoning Purpose and Structure:
Zoning is intended to protect property values, not limit them.
Zoning is intended to promote proper development.
Zoning is a means to an end - Zoning should always be related to the community goals stated in a comprehensive plan.
Zoning ordinances are made up of text and maps.
There are different approaches - tailor a zoning ordinance to specific community goals.
Decision Making and other Zoning Issues
Four types of Decisions: Legislative, Advisory, Quasi-judicial, Administrative
Applicants are entitled to an impartial decision-maker.
Meetings must be open to the public with reasonable notice.
Spot zoning and contract zoning require special attention.
Non-conforming uses may be allowed to remain, or may be required to be phased out.

17. Subdivision Regulations
History:
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

18. Legal Basis - Oklahoma
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
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.

19. Purpose of Subdivision Regulations
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.

20. Subdivision Regulations
Role 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 45
The 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.

21. Subdivision Regulations
Structure 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).

22. Subdivision Regulations
Subdivision Review Process
Pre-application
Preliminary Plat submission and review Agency referral process Technical Review
Planning Commission Actions
Preliminary Plat Public Hearing
Conditional Approvals
Deferrals
Variances and Modifications
Decision Criteria
Final Plat, Approval Criteria, Recording

23. Subdivision Regulations
Subdivision Review Process
Example only

24. Subdivision Regulations
Subdivision 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

25. Subdivision Regulations
Section Line Road
Special Types of Subdivisions
Cluster Residential Subdivisions
Manufactured Home Subdivisions
Neo-traditional Subdivisions
Example of Cluster Design
# of Lots
Density
Roadway 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
Section Line Road
*Net Density ** Gross Density
Roadway easements are not counted in lot area.

26. Subdivisions – Things to Remember
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.
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.
The Planning Commission's role in the subdivision management process may vary in each community – may be advisory only.
Special types of subdivisions may be useful in special circumstances:
Cluster developments,
PUD's,
neo-traditional developments, and
manufactured housing developments offer creative solutions.

27. 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.

28. 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.