Description
The Zoning Board Manual explains the board's responsibilities and the limits of its power; discusses common types of zoning cases; provides model rules of procedure; and offers pointers on how to solve persistent problems. It is filled with examples from zoning practice and ordinance language.
Bair stresses the importance of good rules as the foundation of good board performance. A long chapter discusses membership, meetings, offices, records, public notice, staff, procedures at hearings, and a myriad of other topics.
Filled with advice on how to do a better job, this is a must read for any zoning official.
This book is available for $22 in quantities of 5 or more.
Table of Contents
See full table of contents
Foreword
Introduction
1. Historical orientation
Evolution of building and land-use regulations in the United States • The New York City zoning model and its influence • The Advisory Committee on Zoning and the Standard State Zoning Enabling Act • Division of functions: The New York City model • Division of functions: The Standard act adaptation • Some early (and continuing) problems with boards of adjustment • Some problems with language and how they originated
2. The powers of the board and limitations of their use
Appeals from decisions of administrative officials • Special exceptions • Variances
3. Exercises in the application of principles concerning variances
The case of the adjoining nonconforming lots • Two cases on substandard lots created by public action and some related considerations • The case of the unwise investor and the highest and best use
4. Rules of the board: Models with commentary
Rules of the board as related to laws governing the board • Standard act language and variations • Introduction to the checklist • Variations on detailed board rules (suggested wording) • General statutes, ordinances, and rules applying to the board • Provisions relating to members • Officers, committees, staff, duties • Other staff or committee assistance--variations • Conduct of board members, staff • Appeals and applications • Meetings, and public hearings, generally • All meetings to be public • About executive sessions • Procedures at hearings • Screening evidence at hearings • Conduct during the hearing; Interrogations • Findings and decisions • Notification of decisions • Records • Expiration of special exceptions, variances • Requests to withdraw or amend appeals or applications • Refilings; Rehearings • Amendment of rules; Waiving or suspending rules
5. Improved current zoning practice
Continuing need for performance of board functions • State enabling legislation and local zoning • The role of the board and related qualifications of members • Specialization and division of responsibilities • Special exception work load and how it grew • Sorting things out • Drop it from the zoning ordinance? • Make it a use by right? • Special permitting to fit regulatory needs • Major use permits • More alternatives to special exceptions, major use permits
Appendix A: 'Play fair in public hearings'
Appendix B: Administrative forms
Bibliography
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