Agenda Packets - 1985/05/06 - Laserfiche WebLink

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i I. between these devices, they have often been confused by laymen and professionals alike. The unfortunate result has been that the whole plan- ning process has suffered; and in some cases, the zoning process has broken down entirely. It cannot be emphasized enough that it is very important for a community to follow the correct zoning procedures. Many communities in the past have learned the hard way the results of not following the correct procedures and have lost important challenges in the courts to their zoning decisions. With this in mind, the following is an explanation of these various administrative devices. Zoning Amendment (Rezoning) The main purpose of the zoning amendment is to allow the community to change the zoning ordinance or map. There are two basic types of amendments. One is a zoning map amendment or a change in the geographical area of a zoning district which is also popularly known as rezoning. The other is a change in the zoning text, or changes in what is permitted in a particular zoning district. There are a number of reasons why a com- munity may want to amend the zoning ordinance. 'f' nt and unanticipated ordinance was developed and adopted. in most planning programs, minor errors wi;l often be made which are overlooked at the time of adopting the comprehensive plan or zoning ordinance. To correct these errors, the zoning amendment pro- cedure would be applicable. Finally, retonings (or changes in district lines) are often desired and appropriate in "staged growth" plans which make use of "holding zones." For example, a typical holding zone in a staged growth plan may be a rciatwely large area de- signated for agriculture It is recognized that as growth moves out into the rural areas that some of these agricultural areas will be re -zoned for re- sidential or commercial uses at such time that utilities can be extended or services provided to bring about orderly development. It should be noted that the staged growth approach has not ye! been tested in the courts in Minnesota although this approach to planning has been upheld in the highest court in New York State Having discussed generally the rationale and theory for zoning amendments, two problem areas dealing with zoning amendments need to be discussed at further length. One is spot zoning and One is to reflect a sign' tea the other is down toning. change in the community brought about through N�Kj-S. ot oning Spot zoning has been defined as rapid changes in technology, or urban developm or social behavior. In [oday's rapidly changing t e rezoning of a single parcel of land or a relative - world, it is virtually impossible to predict future ly small area for higher intensity use than the iand development beyond a 5.10-year period with any spot zoning t involves anparticularhe f l individualparcel of land degree of accuracy. For this reason, it is recog- nized by most planning professionals that the singled out for special and privileged treatment comprehensive plan should be updated at least primarily for the benefit of the landowner and not every 3-5 years to reflect these changes. Since in accord with the comprehensive plan. For zoning should be based on the comprehensive plan, example, the tezoning of a single parcel of land in the ordinance should be amended when the cum- a re`identiai are area comps b ecwial or insurtrial uses prehensive plan is updated. whiland uses or in conformance with the compre- b th courts to be A second reason is to reflect changes in policy by the community. This may come about in a variety of different ways. For example, certain planning policies and programs may not be bring- ing about the desired goals which may necessitate a change in development policies. Or development in adjacent communities may affect the com- munity in such a way as to require changes in development policy, For example, a state or county highway department may determine to locate a major highway through or adjacent to a community which obviously will have a substantial effect on development, A third reason is to correct mistakes which were made at the time the comprehensive plan or zoning hensive plan is usually held y e illegal in that it amounts to spot zoning. In the absence of a comprehensive plan, it is more dif- ficult to determine whether a particular rezoning amounts to spot zoning, Spot zoning usually results when the local officials are too liberal in the granting of requested zoning amendments. There may be many reasons why a property owner rhay want rezoning or a zoning amendment, some of which are legitimate but some of which are not in relation to the community planning process. For example, a property owner may want a rezoning to enhance the opportunities of selling his land, or to gain a competitive, locationd advantage with a business 106 -