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PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 language. Such an ordinance will be easi- er to administer and amend. 1. Make it Clear There are several principles of clear writing. Writing in the active voice – using action verbs – is arguably the most important. The active voice makes it clear who is to perform the action required. For example, an ordinance in passive voice might say “The application must be approved.” In active voice it would say “The administrator must approve the application.” Here are some other suggestions: • Use action verbs that are shorter and more direct. For example, change “make payment” to “pay” or “is con- cerned with” to “concerns.” • Be direct, especially when describ- ing procedures and lists of duties. For example, say “Sign all copies.” • Similarly, convert phrases to simpler terms. Instead of saying “failed to comply with,” use the word “violated.” Substi- tute simple words where possible. For example, instead of “construct” or “fabri- cate” use the word “make,” instead of “initiate” or “commence” use “begin.” • Short, compact paragraphs work best. Each paragraph should deal with a single topic. Lengthy, complex, or tech- nical provisions should be presented in a series of related paragraphs. This will help readers understand the relationship of the provisions. • Watch out for commas. The place- ment of one little comma can sometimes make a big difference in meaning.1 • Draft your ordinances in the present tense. • If you have a choice between writing either positively or negatively, use positive language. For example, instead of saying “The City Manager may not approve signage in the right-of-way unless he or she has determined that there is no public safety impact from such signage,” use “The City Manager may approve signage in the right-of-way when he or she determines that there is no public safety impact from such signage.” • Similarly, avoid negative words or phrases. For example, don’t say “A pro- ject will not be approved unless all appli- cation requirements are met.” Instead, say “A project will be approved only if the applicant meets all requirements.” • Simple illustrations can clarify terms or concepts – and are found in a growing number of ordinances. But first check with your municipal attorney on whether you can do this. If you include graphics, make sure they are clear and legible. 2. Language in an Ordinance Should be Consistent Don’t use different words to denote the same thing just for the sake of varia- tion. Using different words rather than repeating the same term simply confuses the reader and may provide opportuni- ties for misinterpretation and litigation. For example, don’t say “Each motor vehicle owner must register his or her car.” Instead, say “Each automobile owner must register his or her auto- mobile.” 3. Do Your Lists Right Lists should be clear and use parallel structure. List each item so that it makes a complete thought when read with the introductory text. If the introductory text is a complete sentence, end the introduction with a colon and make each item in the list a separate sentence. If the introductory language for the list is an incomplete sen- tence, end the introduction with a dash and end each item in the list except the last item with a semicolon. After the semicolon in the next to the last item in the list, write “and” or “or” as appropriate and end the last item in the list with a period. Listing in this manner 7 can help avoid problems of ambiguity caused by the words “and” and “or.” When using lists it is also helpful to have the introductory text say “at least one of the following” or “all of the fol- lowing.”2 4. Be Considerate Ordinances should avoid gender-spe- cific terminology. For example, “drafts- man” becomes “drafter,” “foreman” becomes “supervisor,” and so on. In addition, instead of using phrases such as “the administrator or his designee,” sub- stitute “the administrator or the adminis- trator’s designee.” Similarly, avoid archaic or potentially offensive terms. 5. Be Careful When Defining Terms For zoning ordinances in particular, the best way to avoid the time and expense of a lawsuit is to make sure that all important terms are defined and every definition is clear and unambiguous. In interpreting zoning ordinances, courts will attempt to find the plain and ordinary meaning of the terms. Any ambiguous language will usually be interpreted in favor of the landowner. In Minnesota, the courts have been asked to interpret undefined terms such as “lawn and garden center,” “accessory,” “subordinate,” “incidental,” “main,” and “structure.” IT’S WORTH THE WORK The tips in this article can help you draft a clear, legally-defensible ordi- nance. It may seem like a lot of work. It is. However, taking the extra time as you draft the ordinance will likely save your community even more time and resources when you administer and enforce it. ◆ Carolyn Braun, AICP, is Planning Director for the City of Anoka, Minnesota, and past President of the Minnesota Chapter of the American Planning Associa- tion. She has written two prior articles for the PCJ: “What Planners Do” (Summer 2004) and “Plan- ning from Different Perspectives” (Fall 1996). 1 I was reminded of this in a comment by planner Vicky Newson on a draft of this article. As she explained: “Many times the placement or omission of a comma can change the interpretation of a code sec- tion. I always use the example of ‘I have several dress- es. They are red, green, blue, orange and yellow’ versus ‘I have several dresses. They are red, green, blue, orange, and yellow.’ In each case it says the same thing, but how many dresses do I have? In the first example, the last dress could be an orange and yellow dress, but in the second example it is clear that they are two separate dresses.” 2 Thanks to Davis, California, Community Develop- ment Director Katherine Hess for this suggestion.