Addressing the Basics of Planning and Zoning Essentials
This content delves into the fundamental aspects of planning and zoning, discussing the key roles, responsibilities, and obligations of cities and counties, as well as the need for effective communication and adherence to regulations. It emphasizes the importance of clear decision standards and the essential components of the comprehensive plan. The content also touches on liability considerations and the significance of engaging with the Planning and Zoning Commission.
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Presentation Transcript
Planning and Zoning Essentials ADDRESSING THE BASICS JUNE 2019
A Change of Course Conversation with a respected legislator concerns about controversy in his district Raised questions of understanding about roles and responsibilities Realized that involvement is often like jumping on a moving wagon Moment to explain the basic framework of P-Z.
Cities and Counties Obligated Idaho Code 67-6503 Every city and county must plan and zone. No direct state involvement. No direct penalty for failure to comply many consequences
Basic Duties County Commissioners Establish county policy Implement policy through lawmaking Decide appeals Respond to P-Z ideas Chairman Appoints P-Z members, subject to confirmation P-Z Commission Source of ideas/suggested policies Mandated to conduct hearings Advisor to BoCC Can make decisions that don t require ordinance to implement (plus subdivisions)
Do You Need P-Z Commission? Does yours function well? Add value? Is membership stable? Do you communicate well with P-Z? Does P-Z understand why you have decided issues? Worthwhile to meet with them at least annually to check signals
Liability and Public Service Treat the county s liability exposure as your own Your service is protected by the Idaho Tort Claims Act in the course and scope of your public duty Same is true for civil rights lawsuit exposure Follow the procedural advice of legal counsel Generally not insured not accidental Don t allow discriminatory comments to go unchallenged
How Do The Pieces Work? Comprehensive Plan Expression of Policy Zoning ordinance Subdivision ordinance Standards ordinance Do you have clear standards for decision? Does everyone understand decision criteria? Applicant? Neighbors?
Comprehensive Plan Required Idaho Code 67-6508 Planning commission (or governing board) must conduct comprehensive planning process. Must include all land within jurisdiction. Consider current conditions, future goals, etc. Must include all 17 elements unless explain why one or more is unneeded.
Agriculture As A Land Use I.C. 67-6508 Agriculture An analysis of the agricultural base of the area including agricultural lands, farming activities, farming- related businesses and the role of agriculture and agricultural uses in the community. How do you view agriculture? Where does it fit in your local economy? Priority? Do you protect it? If so, how?
Zoning Ordinance Required Idaho Code 67-6511 Procedures mirror comprehensive plan. Zoning must be in accordance with comprehensive plan policies serves to implement plan Purposes: Minimize conflicts with established/planned uses Compatible with infrastructure Zone change granted at request of owner, can t be changed for four years without owner s consent.
Subdivision Ordinances Authorized Idaho Code 67-6513 Works in conjunction with Title 50, Chapter 13. (platting) Adoption and amendment of subdivision ordinance requires public hearing. Hearings not required for individual subdivisions. But if you have hearings Ordinance can provide for mitigation of effects, but fees must accord with development impact fee statute. Administration is critical need clear standards
Development Standards Idaho Code 67-6518 Authorizes adoption of standards for many development-related purposes. Be cautious of adopting standards by reference only national codes. A necessary complement to a subdivision or zoning ordinance. Care should be taken to see that standards are current and consistent with national codes.
Basic Decision-making Local Land Use Planning Act (LLUPA) started as purely legislative 1980 Supreme Court held that site- specific land use decisions are quasi- judicial Enacting or amending ordinances legislative actions How are legislative and quasi-judicial matters treated differently?
