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Three Rs for Local Zoning Success: Part I - Research
By Ralph Wyngarden, Zoning Director
Whether your project involves wind, solar or communications,
when it falls under local
jurisdiction the fundamentals for success are the same. Best
practices for zoning can be
grouped into three categories: Research, Relationships and
Record. In this first article of athree part series we examine the
research and preparation process.
The foundation for success is thorough research and preparation.
This will enable you to
steer your project to the most appropriate location and avoid
fatal flaws. Know the Who?
What? When? Where? Why? and How? of your project inside and out
so you can confidently
present it and explain why it is a good fit for its surroundings
and a benefit to the
community.
During the initial planning stage, determine which local
jurisdictions will have authority over
your project area and acquire and study each jurisdictions
comprehensive plan, zoning
ordinance, zoning map, and any other relevant regulations or
planning documents. Athorough knowledge of which districts permit
the use, what the approval process is, and
what current setbacks and design restrictions may apply will
enable you to guide the project
location and design to minimize opposition and maximize the
chances of approval.
Once you have a solid feel for how the regulatory process in
each jurisdiction works you
may see areas of strength or weakness in your proposed project
or ordinance language that
may have a negative impact depending on how it is interpreted.
Call the planner to see if
their interpretation matches your own. If so, have them document
it. If there are
weaknesses or differences in interpretation that cant be avoided
orexisting regulations
dontadequately address your proposed use, an appropriately
crafted ordinance
amendment may be in everyones interest.
Pay close attention to the actual physical environment. An area
where your project is not
allowed on paper might actually be the most appropriate from a
local perspective and a
rezoning would be widely supported. Conversely, an area that
appears to permit your
project may be next to planned residential subdivisions or other
uses that are locally seen
as incompatible. When you do select a location, be intimately
familiar with it. Drive around
it and see what the neighbors are going to see. Take note of
other nearby uses and
structures and the condition of neighboring properties so you
can speak knowledgeably
about compatibility and any anticipated impacts. If there are
factors that are best
appreciated in the field, a pre-meeting field trip by the
decisionmakers may be appropriate.
If you are able to get a feel for the internal dynamics of the
zoning process it will help guide
where you focus your efforts and how you tailor your
presentation. Does the planning staff
have such an influential role that most decisions closely follow
staff recommendation? Are
the decisionmakers strongly independent and likely to chart
their own course regardless of
staff recommendation or public comment? Are they so sensitive to
public comment that
projects rarely get approved if there is any opposition present?
Are the meetings generally
lengthy and formal with detailed questioning and review of
ordinance standards or more
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likely to be quick and informal with lots of discretion and few
details (in which case
establishing a good record of the decision may be more of a
concern)? Have there been
other similar applications in the past? What were the issues and
outcomes?
Know the community and your likely audience at the meeting. How
does the community
see itself and how does your project fit into that vision? What
are the hot issues? What isthe local economy based on? Is there
more concern about tourism and aesthetics or
economic development and job creation? Are you more likely to be
explaining aviation
impacts to crop dusters, setback compliance to adjacent
homeowners, or cultural impacts to
tribal representatives? Will a site in the extreme corner of a
parcel be frowned on because
of the proximity to neighboring parcels or applauded because it
preserves active farmland
and doesnt interfere with center-pivot irrigation? The answers
to these types of questions
are likely to be different for each community. Forewarned is
forearmed.
Ralph Wyngarden([email protected])is Zoning
Director at Faulk &
Foster. He has served wind and solar developers and wireless
telecommunicationsproviders in markets across the country for the
past nine years and is responsible for the
development and maintenance of best practices for zoning and
permitting for Faulk &
Fosters telecommunications and energy departments.
mailto:[email protected]:[email protected]:[email protected]:[email protected]
