The URL can be used to link to this page

Home My WebLink About1963-03-04 Council Minutes - Special MeetingW __ SPECIAL MEETING - ZONING ORDINANCE dEiARING d MARCH 19b3 Mayor Dye called the neeting to order at 8:13 p.m. Roll call showed all members present but Mr. Lofstedt. The City is at present operating under an interim zoning ordinance which loses its effectiveness 11 July 19b3. Having adopted a General Plan, the next step is to adopt the Zoning Ordinance and Map which implements the General Plan. The purpose of the hearing is to get the people's view of the proposed ordinance. There were sixteen people present, five of whom were members of the Planning Commission. Speakers from the floor were: Mesdames Donnis Thompson, Louise Boyer, Emma Ford, Georgia Struble and Messrs. Stan Thompson, Waino Eiakkinen, Don Graham, Dave Boyer, Gene Morin, Al Poore, "Jack" Thompson, Roger Meeks, Thomas iiayes,Chet Cone and H.Trusty. Most of the speakers conceded a zoning ordinance was necessary, but thought the pro- posed ordinance was too restrictive to suit the present needs of Kenai. Some specific fau Us were mentioned; a few items seemed faulty, but others were not so inapplicable when taken in context with the rest of the ordinance. Letters were introduced from six lending agencies along with informative material re zoning all of which pointed up the need for restrictive zoning and for zoning which is enforced. This material is included in these minutes. Council seemed to go along with the opinions of the audience with the exception of the .Qayor who thought the present ordinance should be adopted and be subjected to corrections as the need arises. This was also the recommendation of the Planning Commission. After considerable discussion, it was decided to form a volunteer Citizens' Advisory Committee which will undertake to correct the proposed ordinance. They will then sub- mit this amended ordinance to the Planning Commission for study. Members of the Citi- zens' Committe are: Mr. and Mrs. David Boyer, Mr. and Mrs. Jimmie Davidson, Elmer Knudson, Don Graham and Erqest Knackstedt. Mr. Stan Thompson and Mr. Chas. Archer will assist when possible. With consent of Council, the Mayor appointed the above as an official committee. Mayor Dye asked the audience what was felt about the City proceeding with further planning for neighborhoods, streets, property maps, etc. This is a plan whereby the City furnishes a matching fund with Federal monies at a two to one ratio. The only one expressing an opinion from the floor was Mr. Stan Tbompson who felt a local surveyor could prepare the property maps and a local group could plan neighborhoods, streets, etc. better than the Planning staff of the Alaska }lousing Authority, which would be the one to do the work under a precise planning contract, if this were undertaken. There being no further discussion,the meeting adjourned 10:15 p.m. Respectfully submitted, �t2Airre�S� Mrs. Fiunces Torkilsen City Clerk Notion: Date 48eiz 1 j /� �L Morgan ah e an n A,.lob -1 IG razes �v� �'fl j� M-*V, Ti?,V.s7 *- Ir!/G B'NE NAR/ N O Ar" u-�- ,� AO� e- ��.- ,Lr�••,� Aoe, .4,,oeijo .liter, . z: , it i i �I�� • ��f-YiL �� ;�� '� !�'i yYys iLri.Ir6 ^� �/�-:mot. - ., .riyt�aY•� f�`��GGo?ri�Gc �- �` `��1"t�/�r��i j�fri�c ...r+�► --' �..6tn/'� - .iAA W41/f u� .or.�.,, PLAJ:VING COANI iSIJV SUJUTS T,IL L'4CLJSFJ $kTU IAL TO COUVCIL FOR STUDY IV PP,EPARATIJV FOR TdL 1'116LIC HLARNG OV THE ZOVI,VG ORONAwCE t1OM0AV 4 $kWil 1963 at 8:00 P.t1. COPIES OF EAU LETTER RECEIVED IS I.VCLUOED AS THE PLAVNIVG CO.INISSIOV FEEL EACil LETTER TOUCHES O.V A 0IFFERE:4T ASPECT OF ZONING. With city pnpuhdimrs exploding into the suburbs, communities all over the country are realizingg the ne d for guiding their growth by democratic means ZONING COMES TO TOWN By Stuart Chase ??ZoN1lvc," someone has said, "is the New York Times estimates, now aimed at keeping the kitchen live under local zoning laws. Many stove out of the parlor." people are unaware of the fact that Driving through the New Eng- their community is zoned, or of land countryside the other day, I what it means to their comfort and saw a sad example of a town where security. Others undoubtedly are zoning obviously was unknown. very much aware of the problem, as practically in the yard of a neat they try to decide whether zoning ranch -type house —last in a row of would help or harm their town. new houses —loomed a huge sign: The idea of controlling the use of DRIVE-IN THEATER. It was three times land dates far back in America. For as high as the chimney on the house, example, one reason we like the and brilliantly lit at night. The peo- Connecticut town where we live is ple living in the house were unable the charm of the village green with to see the screen, but they could its white church —the result of a hardly avoid being bothered by the town plan laid down 200 years ago. sign and the churning traffic. One Another zoning device as ancient as promoter had built the housing de- it is necessary is legal fencing, to velopment; another had backed a keep stock from overrunning other theater into it. The stove was in the people's property. parlor. Our forefathers were interested in More than too million Americans, orderly development rather than 7'/IF. Rh.'.1V R'S 1)1 WAl conservation; they had plenty of land. Todav, h•nvever, with popula- tion exploding in all directions, we need both: plans for conserving our land resources, and plans for Their orderly future development. A mas- sive migration of homes and indus- tries is in progress from cities to suburbs, bringing problems of in- creased car : nd truck traffic, hous- ing, water supply, schools and rec- reation areas, the location of factories and shopping centers. Shall we let expansion range unchecked, with an oil refinery in the middle of a resi- dential district, a hot-dog stand on the village green? Or shall we at- tempt to find the best places for fac- tories, stores, schools and homes? Zoning tries to keep present land use from further deterioration and confusion. Town planning, its twin brother, explores the landscapes of the future. The two have been called "intelligent cooperation with the in. evitable." Let's look at the experience of one rural town which may not be typical of all American communities but which faces many of the same prob- lems and deals with the same kind of human nature. For six years I have been secretary of the Zoning Board of Appeals in our town of 3000, some bo miles from New York. We have dairy farmers, apple growers, factory workers, shopkeepers, professional people, commuters to jobs in near- by cities, even a band of hardy com- muters to New York. Our town has lovely old colonial 44 � houses, lovingly restored. It has up- land pastures studded with cedars, arching elms and maples, rushing streams, quiet lakes and wide stretches of u•tdevelolx:d woodland where wild deer leap the ancient stone walls. Nim can still find room to park around the handful of stores, the churches, schools and the library (which Mark Twain gave us when he lived here 5o years ago). There is one large factory, which helps the tax rate; a future development of light industry would help, too. Most of us want to keep this a town with a life of its own —not a "bedroom town," to which people working outside come only to sleep. Year after year our town rejected the simple standard procedure for zoning offered by the State of Con- necticut. "Zoning was unconstitution- al, people said. It would bankrupt the town. There were even more fantastic objections: "You will lose control of your farm, your home, your business, your livelihood:' Ob- viously, people wanted complete, un- trammeled liberty to build what and where they pleased, and never mind the neighbors. Then a small drug plant with a big smell began to operate in one of otir residential areas. Overnight a town meeting was called, and zon- ing was adopted hands down! Following the state law, we elect- ed a Zoning Commission of five un- paid citizens, who held a series of public hearings and drew up a zon- ing code. This document divided the town into three districts or y � �Itoo�ia.rv� }i ZONING Cll. H:S To TOWN s the visitor does not have to look at So now we have voted to install our town through a barricade of ads a local Planning G,mmission. We for motels, beer and cigarettes. He know that our town will be different can really see how nice it is. ten vears hence, and we want it to be Finally, its performance has con- an even better place to li,.e. Where verted most of the opposition —ex- should the new subdivisions, facto- cepting. perhaps, that hard core, ries and schools be located? What found in every community, that is about more playgrounds, a swim - temperamentally "agin' the govern- ming pool, a new town hall? Where ment " And I think the town is more should the shopping center go? aware now of its problems, and How about a helicopter landing prouder of itself than it used to be. field? With town planning we hope Along with the gains, many prob- to control the forces of growth by lems are still to be solved. Zoning democratic means, and preserve the gives power to board members, and reasonable and comfortable use of power is a heady drug. For a time our land. there was a struggle between "hard" Our forefathers planned a settle- ; toners, who wanted to get tough, ment around the village green. Our and "soft" zoners, who disliked town, together with all America, is pushing citizens around. The latter entering a new age of pioneering, policy largely prevailed, but the for- based largely on the internal-com- c mer is always tempting. bustion engine. Zoning and town Zoning in our town can do noth- planning are signs that America is ing about any state highway, which growing up. We no longer have un- goes slam-bang where it listeth, ruin- limited land to play with. It is time mg an area here, possibly improving to stake out the village green anew — it there. Better cooperation between with plenty of room for off-street i town and state is badly needed— parking. which means some kind of regional planning. I Finally, it is clear that toning has Reprints of this article arc available. been primarily a protective opera- paces, postpaid to one address: to—;o cents; 50—Et.29; loo—fa.aso tion. It has kept the town from s00— a1O%t000—E[7.<addrassReprint �itor, growing owin worse, but has done little The Reader's Digest, Pleasantvilk, N. Y. to make it better. RePriod Iron 'be Fibrav7 1937 issw of The RmWs Dijnt CoPpisbt 1957 h Tba Raldr Disat AvociWooe, Inc. Pk&rrntri k, N. Y. Pressed is V. S. A. rJ -- - _ --s 1 ZONING 7'0 TOWN zones: (1) residential and farming, (2) commercial and shopping, (3) industrial and manufacturing. Any- body could go right on doing what he had been doing up to the moment zoning was voted in; the law ap- plied only to new activities. Old signboards, for example, could stay. Our code regulated only new sign- boards, and it forbade various spe- cific industries, especially odorifer- ous ones, from coming in. It also frowned on mental institutions and prisons, commercial dance -halls, junkyards, gravel banks and dumps —unless the last two were operated by the town. After a series of lively hearings, the code was accepted in town meet- ing, and the Zoning Commission settled down to see that the pro- visions were carried out. As an emer- gency measure —because promoters' bulldozers were poised to move in — the Commission decided to limit house lots to one acre in part of the residential and farming zone, two acres in the rest. There was also a setback provision for new construc- tion: 5o feet from the road, 25 feet from property lines. These restrictions stopped the out- of-town subdividers who were threatening to cut up large sections of the town into small -lot develop- ments. We were worried about that. For the owner of a new ranch -style house on a quarter -acre would pay taxes of about $too a year at current rates. But two school -age children in that house would cost the town $boo a year for education and transporta- tion. A whole row of such houses would upset the town budget badly. Stir, some citizens complained that the Commission was high- handed about its acreage restrictions. Soon, they said, we would make it four acres, six acres, ten acres! "Lit- tle people won't be able to live here any longer. There'll be nobody left but the rich:' The Commission re- plied that when the town adopted a planning law, acreage restrictions could be reviewed and, if necessary, amended. Meanwhile, applications for ex- ceptions to the code began to multi- ply. The Telephone Company wanted to build a dial exchange in the residential zone; the Canine Col- lege wanted to enlarge its kennels; a woman wanted to open an antique shop in her house; a farmer com- plained that his new turkey house could only be placed in a "non -con- forming" spot; a retired doctor wanted to sell gravel from his place. Most of these projects were quite reasonable, and fortunately the state law provides a means of coping with them. This is a Zoning Board of Appeals, composed of five citizens, also unpaid, who hear complaints and grant exceptions, called "vari- ances," if a genuine hardship can be demonstrated. If an applicant is not satisfied with the Board's decision, he can appeal to the regular state courts. As secretary of our Board I have helped to investigate more than too applications for variance. I have in- spected buildings and boundaries, 11 i THE READEWS DIGEST sometimes with tape measure in hand. In six years our Board has granted 72 percent of all applica- tiotts, and we have had no formal court case as yet. I have begun to understand the pressures involved. Zoning is about one-third law and two-thirds human relations. If there is no mutual trust between the zon- ing officials and the townspeople, zoning might as well go out the window. Most hearings are quiet, but some are not, as when the head of one of the town's political parties came to is with an application for a variance —after he had built an addition to his house too near the highway. If we denied his application, we could be charged with dealing out political punishment. If we granted it, we would be setting a precedent for other violators. The public hearing in the school gymnasium was packed, and emotion ran high. We turned the applicant down. But our lawyer and his arranged a compromise. He was able to move the end of the structure without un- due expense. Citizens take more care now: they measure before they build. Another stormy hearing dealt with an application to turn an old inn into a convalescent hospital. The hall was well filled, for nearly every- body hoped to hear an acceptable Eroposal to have the gracious old building occupied again. The pros- pective purchaser's lawyer addressed the assembled neighbors as he would a jury —a jury with a low I.Q. He assured us that his client's pro- posal was perfectly legal; that there would be fire escapes. emergency exits and so on. What he proposed to do inside the legal frame w,,s not specified. By the time the chair called for questions from the floor, the mood of the audience had given way to deep suspicion. "What doctors have you consulted? "—"What experience have you had?" —"Is it going to be a home for alcoholics?" —"For men- tal cases?" One of our leading citi- zens rose to his feet with dignity. "We came here prepared to listen to any reasonable proposition," he said, "and all we have heard is double- talk about legality. We resent the patronizing attitude of counsel." There was a burst of applause, during which applicant and counsel made a quick exit. Our Board did not need to make any decision on this case. Democracy decided for us. After six years of practical experi- ence it is now apparent that none of the fears and alarms of the original opposition to zoning have come to pass. And we have scored some real gains. Zoning has put an end to small -lot developments. It has stopped a factory from being built in the wrong place. It has steered sev- eral shops and enterprises away from residential zones into business zones. New houses arc set back from the road and from property lines, thus maintaining the residential character of the town, while reduc- ing back -yard misunderstandings. It has kept signboards few and small; M�h Office of THE DIRFCTOR t. C. box 779 Ancr o rape, Kla ska FEDERAL 1101-siNt; ADMINISTRATION I!-' RLPLY P! LASE, REFER TG Mr. Popendorf (Nderwriting Section February 18, 1963 Kenai City Planning Gowl ssion Kenai, Alaska Attn: Mrs. Georgia J. Struble, Secretary Gentlemen: Your letter of February 8, 1963 has been received in this office. Commuting on your inquiry, we would like to establish two points: (1) The purpose of FHA: The Federal Housing administration was established to encourage improvements in housing standards and conditions, to provide an adequate home financing system by insurance of housing mortgages and credit, and to expect a stabilizing in- fluence on the mortgage market; (2) FHA is not a lendi rg definitely a loan insuring agency. agency, but You will understand our comments will of necessity be confined � to general, rather than specific, zoning ordinances and as they affect FHA. "Appropriate and well --drawn zoning ordinances may provide one of the best means for protecting residential locations from adverse influences that diminish the desirability of sites and increase risk in mortgage transactions. If the provisionsi of an ordinance have been well worded and drawn from a knowl- edge of existent and probable future conditions in the city, and if the ordinance receives the backing of public ape.roval, if this element of risk will be heavy. Even when an ordinance is ably executed it must be determined whether infractions of the ' zoning law are permitted. If the law may be changed readily, or if xhe provisions themselves are not strictly enforced, the degree of resultant risk may be high. Greater importance usually is attached to zoning protection in and near large metropolitan centers than in places having smaller Populations." S ii i� kenai City P2am.inq o"issior, '2— February 1", 290 The followd ne are answers to your questions: 1) FHA would look upon zoning ordinances as a major protection against inharmonious land uses. 2) An ordinance Wn uld have little bearing in expediting accep- tance of loan insurance, but rather it would have significant bearing on Consideration of accepting the loan insurance risk. 3) The granting or ccmniting of mortgage insurance would have a definite relationship to zoning ordinances and in the absence of other protection, could preclude FHA mortgage insurance participation. This agency is always interested in improvements in housing conditions and standards* ae sincerely appreciate receiving a copy of the w ning ordinances and the establishment of zoning is a progressive forward step. Very truly pours, Elmer E. Gagno Director Z..: , ice•. • _'. Ti C -< ...... �_ � �.... _�- ._ - ..- � _ - � - _ u� �r _ _- __ _ _ � ___ -_ _ 1 MATANU BKA vwkik in ANCHORAGE BPANCH February 15, 1963 POUCH 7012 ANCHORAGE. ALASKA Kenai City Planning Commission Kenai, Alaska Attention: Mrs, Georgia J. Struble, Secretary Dear Mrs. Struble: RE: Your Letter of February 8, 1963 In our opinion, a well planned zoning ordinance can be of substantial benefit in the development and growth of any city. It allows the growth to progress in an orderly manner and tends to insure that new construction will not destroy existing values due to incompatible land useage. In regard to the specific questions asked, we as a loaning agency consider a zoning ordinance highly desirable in that such an ordinance tends to protect and enhance the value of our customers property. It has the further effect of allowing us to more accurately advise our customers as to the feasibility of certain construction projects that they may be contemplating. In answer to queution number two, our loans are made in most cases because of our confidence in the integrity of our customers. However, a zoning ordinance does help considerably in obtaining for the borrower the Assistance of any outside investor on large projects. In answer to question number three, the Matanuska Valley Bank will continue to assist our customers in the city of Kenai with or without a zoning ordinance. However, if the zoning ordinance exists, it will be of considerable assistance to us in obtaining funds for the development of the city of Kenai. RAS : jdm Very truly yours, Sheffield Vice President and Manager -f — ALMa'& orncr. iw ANCHORAGE FAIRBANKS '- 3 'ebniary 14b3 H c r.r • o cox a» IINa A. - ASK • Kenai (Yty Planning ,onatssion Kenai Alaska Ladies tn•i Gentlemen: Zoning ordinances usually contain many articles that encourage capital to come into an area. They contain the legal rsgairewents to insure portection for the invested dollar. it is possible to write ordinances that would atit only discourage capital from coming into an area but new industiree, businesses, and individuals as well. As yet Kenai has not be considered by large industries as a possible plant location. For that; matter, few AlaskA-n cities have been In the not too distant so considered. businesses will be passfuture some industries and various sizes of ing over the advantages of . the Kenai area With these industries and businesses will twee the influx of area. lation to rill the undeveloped areas of Kenai. At that time the Boning ordinance will Bost surely be a high point of consideration for the interested parties. A financial institution is always interested in protecting the investments or its customers as well as its own assets in any given area. A proper zoning ordinance goes a long way toward providing such protection as well au having a law to rely on for non..partiai.ity and fairness. Cities who are advanced enough to have a Boning ordinance are always given priority consideration in the grzoning of credit. Normally, business and residential financing is a long tern transaction and the loaning agency must look ahead to insure that the collateral value of the property does not deilins radically during the course of the mort• to gage. A proper zoning ordinance he Investment. The ordinance lifts the esponsibilitys give thisotion ofclontinuingefollow_ up on areas where the loaning agency has grantel credit. I don't honestly helieve that a Zoning ordinance would greatly expedite a loan. However, areas covered by proper zoning ordinances are given priority money and wort usually enjoy easier terms. -= A zoning ordinance is not the primary factor used in granting credit to an individual but it does play a very important part in the consideration of area. Zoning is high on the list of requirements for �J a proper substantial long term investment. Without a sci properly administered many financial organizations would hhasitatenii, e ri / Ark O.IIC98 :M -- ANCHORAGE • FAIRBANKS • KkNAi . :t TIKt ...In u. .Ic..... ar Page two wW......... • o K,x 431 1 ICENAI A,ASRA j in entering the area at all. Most surely, wien we speak of financial agencies with their principal offices in the Southern 48 considering j Placing capital on the Alaskan market we must give high regard to care- ful Manning and zoning. Many Alaskan areas are earmarked for "no credit" due to improper or lack of zoning and pr"ective ordinances. As the greater &ensl Area contimes to grow and expand there will be a variety of businesses, industries, and individuals scrutinising the advantages and requirements of this area. Surely it is far worse to attract these now parties threogh,brochurss, propsaanda, and literature and have then fail due to improper protection than it is to receive none at all. _ Intense business competition has created a situation in which "hit or miss" selection of locations for industry must give way to thorough analysis of the comparative advantages offered by many locatione. Towns and villages cQMpete with each other and with larger cities and metropolitan areas for favorable attention. This is desireable, but only if each such community has honestly stsdAW its position in re- lation to protection of new industries' assets and protection of its present population and groshh trends. Again, it is worse to bittract new industry that will fail than getting none at all. _ � I Yours very tyvly, j R. Lietzko Manager Assistant Vice President j - � I i f 1 1 NATIONAL BANK OF ALASKA t 1F' Ma#n Office • Boa 600 • Ancnorapo. ANswa February 15, 1963 Mrs. Georgia J. Struble, Secretary Kenai City Planning Cammission Kenai, Alaska Dear Mrs. Struble: 9 _ I The ability to obtain loans on property is increased in a zoned area due to the fact that valuation remains more suable since all new j construction must meet the standards of the zoning; therefore, the valuation does not deteriorate due to sub -standard construction. Each applicant would have to stand on his own merits in request- 1 ing a loan; the property would have to be appraised and the surrounding area noted. We trust this information will be useful to you in your attempt to zone the city of Kenai. Very,tru rs, J,/ .Gardner Assistaiat Vice President J1'G:J i I I r� i THE FIRST NATIONAL BANK OF ANCHORAGE T. o. sox 7W. ANCMORAGG AWKA ra,n Office February 13, 1963 Mrs. Georgia j. Struble, Secretary Kenai City Planning Commission City of Kenai Kenai, Alaska Mar Mrs. Struble: I an writing in reply to your letter of February 8, 1963 in which you asked for this bank's opinion about zoning ordinances and the effect on lending policy of a bank. I can say without reservation that the existence of zoning in a city strengthen# the capacity of people living in that city to borrow coney against real estate if the Boning ordinance is properly drafted and administered. Property values become more stable and the leading agency feels such more secure in extend- ing credit. This bank will loan larger amounts under more favorable terms in areas vhere zoning is properly enforced. on the other baud, if there is no zoning or if zoning is poorly administered$credit from this bank becomes, sore restrictive and difficult to obtain. There are neighborhood# in the Anchorage area vhere zoning has not been properly handled; in these neighbor- hoods we have Imposed rigid ceilings as to the mount of credit we can extend. In answer to your specific question,if the City of Kenai did not have a saving ordinance ae would be forced to take a restrictive attitude toward lending. This is not to say we would make no loans in Kenai, but it does mean that the tams would be far better with zoning and the davelor t of a well planned community. r Mrs. Georgia J. Struble -2- February 13, 1963 ?hose of us at First National feel that Kenai has an exciting future and we feel that your adoption of a zoning ordinance is a visa and necessary step in prepar- ing for the future growth of yo camunity. i coral 1 4"1 6S BALL Assistant Vice President CB: Pb cc: Kr. X* G. Gobhart, Hzacutive Director Alaska State Housing Authority SAVINGS AND LOAN ASSOCIATION =7S fIF78 AViNUK i • H C H D• A G t. A LA 9 K A Kenai Branch Baz 448 Kenai, Alaska February 20, 1963 Kenai CitW Flaming Commission Kenai, Alaska To Whoa It May Concern: In answor to your letter dated February 8, 1963, a city with- out zoning ordinances is a city without direction or purpose. Without sonini ordinances the home builder and the lending institu- tion is without protection from encroachment by industrial enter- ' j prises, PigstYs, Junk yards, gage disposal, etc.. A $20,000.00 to $30,000.00 home can depreciate in value, 50%, overnight. Zoning ordinance will expedite the granting of a loan in that it affords greater protection to the lending agencyj the hone owner; and the future of the city. It news that the citizens of a community have sham intelligent consideration of each other's interest and the best interest of the comaunity by implementing such a plan. For the City of Kenai to not have a zoning ordinance would mean delay in the growth of the community. Savings & Doan Asso- ciations specialise in home purchases and/or construction. We would bs most mluctaut to gram loans under the supposition of no sating ordinance. At this t3.n* I night add that we would like to see nor* restrictions imposed by the subdividers of residential areas. K*nsi can =0 nor* well planned subdivisions for the purpose of encouraging home building. Sincerely yours, " Yan�er RHr on . C�1 SMALL BUSINESS Ai tv wS"BRA i P-4 Scat eantbouse, Fedora Ftu; ldMz4, P. 0, Aox :253 yvbraixy 25, 1963 Ms. Georgia J. Strukle, Socrorarp Kenai city Flaming conwisaioa gamai, Alaska Ikez Mrs. Struble, Way dumka fort the copy of tho aoniby erdivA=o for the City of =sseai. Yki.s agaoros its that &emsi it SAwca ted in orderly dovelopowat of pffepertite with a vt" to the future. To asnves your geestic" : 1. " usually satisfy wr"Ivuo that the buminess applying for & lo" to lacsttsl is A proper sons. 2. ihis dvae eat w!psdita ens granting of n loaEa: 3. We fool that a sautug eyetc-a C29 64dtfl c Will group business oseablbabinente tortilsr 9w tko bessfit of ctstowre "A of tho beeLteea seekie& s F loan Lvaaewa of Liao OW-oto'p JAI" Of aloppiI4, Celli%$ an a bsriasss firm a to . is cotwe arrated aswo and &le0 that sonirg halps to a i d psotcet valwas 09 tto: &za6ial Ptw#*Y tI&8. L43 RAW -.Larne 3 .i _4k - r --. AN AFE'•'C f C I r- WHAT IS ZONING? Zoning consists of dividing the community into districts or zones and the regulation of the use of land within thF.�e zones for agriculture, residence, business or industry. Zoning may regulate the height, area and location of buildings on lots within the use zones. WHAT IS THE PURPOSE OF ZONING? The primary purpose of zoning is to conserve and promote the health, safety and general welfare of the people of the community. Zoning regulations are designed to protect existing developments and to give proper direction and control to future expansion and development. WHAT IS THE HEST WAY TO PREPARE ZONING FOR A COM41UNITY? Zoning must be tailor-made for each individual community. It should be based upon a land use study; that is, consideration of the present day use of land and how the citizen would like to have the land used in the future. Zoning is a reasonable adjustment between the present use of land throughout the community and the ultimate land use plan as devised. This requires a survey of existing conditions and some forethought as to the future physical development of the community. Thus the zoning map and ordinance re- cognize present conditions of use but at the same time they are geared to meet the demands of new growth. WHAT CAN ZONING DO FOR THE C01414UNITY AND ITS CITILENS? Zoning protects established property values and yet inteligently absorbs new installations with the least amount of friction between the -old and the new. Each individual property owner has reasonable assurance that his invest- ment will be protected; the community as a whole is more reasonably assured of greater economic stability through the conservation of the grand list. A chain is as strong as its weakert link, and in this instance the protection of individual properties through zoning form the various links which combine to make a stronger and more stable community. HOW CAN PROPERTY OWNERS BE AS`;URED OF FAIR ZONING? Zoning in every instance must be reasonable. Insofar as possible it should treat all men and property alike. It should not make demands which are not clearly to the general good. In the formation of the local regula- tions and map two fundamental precepts should be kept in mind; first, a place for everything and yet everything in its place; and, the greatest good for the greatest number. With this approach there can be little offense and certainly considerable gain to the entire municipality. Only when zoning is based on fairness and reasonableness will it be sustained by the courts. 1 i WHAT IS THE FI9_�T .'TEP PC FIR'(: ;:OM P.'G, !•"Ti; ('-'1'13!JNTTY: Before any community embarks upon zoning, the citizenry must, be fully informed as to the true intent �:nd purn3::F arni the bent f-Its to he derived from such action. This means th;,t c-.n effective educational campaign must be carried on. A series of informative meetings should be arranged with various civic organizations in the community. Having this prr:pared the way through a bett::r understanding of the n-al value of zoning it may then be brought to a test. Before zoning can be adopted, it is required that the people vote at a town meeting for the adoption of the --tate Enabling Legis- lation, Chapter 43 of the General statutes (1949 Rev.). WHAT IS THE NEXT STEP TO WING ZONING I14TG H COMMUNITY? After the adoption of the .`state Enabling Legislation, the councilmen of the city will appoint a seven -man zoning commission as prescribed in the legislation. These seven men are responsible to the people for the drafting of the local zoning regulations and map. It should be noted that the state enabling law reads as follows: "D-uch regulations shall be made in accordance with a comprehensive plan..." If local zoning regulations are to be effectively drawn and efficiently administered by the seven -man commission, it is evident that a study and plan are essential. The success of zoning depends upon two factors: first, public understanding and acceptance: second, a reasonable ordinance drafted with full concern for the community's needs, based upon a thorough analysis. HOW CAN A PLAN BE 14ADE IN ADVANCE OF DRAFTING LOCAL ZONING -,EGULATIONS? i Many communities have found it to their advantage to appoint "advisory committees." Such a committee may be made up of members representing each of the local civic organizations, such as PTA, the Grange, service clubs, etc. Their participation in the fact-finding process (the land use study mentioned earlier) gives them greater insight into the matter of zoning and enables them to render invaluable service to the zoning commission members. { The advisory committee may aid in the study procedures, formulate ideas and convey these ideas in the form of recommendations to the zoning commission. The recommendations should reflect, to a reasonable degree, the wishes of } the community. Citizen participation is an essential ingredient in the planning and zoning process. CAN THE ZONING COMMISSION AND THE ADVISORY COM11ITTEE DO THE iQiOLE JOB? In the first stages of the drafting of zoning regulations for a community, the commission and the advisory committee can accomplish a great deal. Zoning, however, is a technical process and involves legal action. For this reason, it is well to consider engaging a competent planning and zoning technician to advise s the commission. He may well save the community considerable expense and embarras- ment at some future date. The technician would be the logical one to help recon- cile any differences of opinion that may arise between the advisory committee and !I the commission or with any other groups and the commission. - 2 - i AFTER THE LOCAL 0' DINANCE' I:' DRAFTED, H014 'XE.: IT B_CC'(E L,'t'r1? 1 A public hearing is called by the zoning commission, as prescribed in the state enabling legislation. At that time the entire ordinance and map are presented and qualified voters express their approval or disapproval. If a majority of those present and voting at the public hearing approve, the ordi- nance is then adopted by the commission. If the majority at a hearing oppose the ordinance, it may not be adopted until approval by a majority vote at a town meeting. HOW CAN THE ZONING ORDINANCE AND/Olt 1-1AP BE CHi..NG:SD ONCE IT HAS BECOME LAM,,'? Amendments to the zoning ordinance and/or m:-p must go through the same procedure as prescribed above for adoption of the original ordinance. The details of the procedure in both instances are described in the state enabling legislation. (This generally does not apply to municipalities operating under special acts.) CAN REGULATIONS BE WAIVED TO EASE AN CB:'IOUS HARDiHIP? State enabling legislation provides for the establishment of a zoning board of appeals. A property owner may ask for an adjustment when he believes the stringent application of the regulations would result in exceptional diffi- culty or unusual hardship in his porticular case. Also if there has been an error in the application of the regulations by the enforcement officer, the property owner has recourse to the zoning board of appeals for a correct Interpretation. WHAT STEP IS TO BE TAKEN ItIREN A PROPERTY GWFNER WISHE,i TO BUILD? If a property owner intends to build or alter a structure in the community, he applies for a permit to build. The zoning commission merely wishes to deter- mine whether or not the use of the new structure conforms with the use zone in which it is to be built. If it is to be used as a retail store then it must be located in a business zone. In addition, if it is a residence the board wishes to know if the structure is set back the required distance from the street line, etc. The permit will be granted if the use of the structure and its position on the lot meet with the requirements of the ordinance. WHO MAKES SURE THAT THE ORDINANCE IS CARRIED GUT? An enforcement officer should be appointed by the zoning commission for the purpose of facilitating the administration of the zoning ordinance. Having granted a permit to build or alter a structure the enforcement officer makes scheduled checks on the site to see that the front yard, side yard , and other requirements are being observed. He "represents" the zoning commission in the performance of his uties. Some municipalities combine the jobs of the building inspector and zoning enforcement officer where both are needed. Often the officer is paid in full or in part through fees which are required at the time of the issuance of the permit to build. - 3- ZONING ZO N 1 NG O RDINANCE Adopted diter.Pubiic )4eariAgS t ... W#4T WOMP YOU R4Wit PAY MR - - SWIM T#1 F11TURT OR - - FUM VP TNT PAST ? Good planning may cost you thousands. Poor planning may cost you millions thru: Slum clearance Creation of parks and playgrounds in built-up areas. Straightening out congested traffic routes. Replacement of obsolete facilities. Renewal of blighted areas. P1401#60 1S ST111 .4 48AW64M Because through good planning — property values will be higher. — tower taxes will be passible. - - government can be a sound financial business. — proper and sound expenditures of tart monks can be assured. —you will have the kind of town you want to raise your family in. NO "CURT--41t YET 8UI SOMT SMIR FOR NIMTNTS M191' ZONING — is effective in regulating land uses and building location. It protects a neigh• bcrhood against blight and decay, prevents loss of property values and sets sound standards for future development. SUBDIVISION REGULATIONS — insure good design in new neighborhoods; establish modern workable street patterns; fit the development into the landscape, and protect the interests of present and future home owners. CAPITAL BUDGETING — is a stimulant to sound private development and a conservation of municipal resources. It relates the community's future major improvements to its powers to build and operate them. It prevents strain upon the municipal economy as it rebuilds or replaces essential service facilities. RTSTARewi NET va As in any expanding professional field new techniques must be developed and tested. FUTURE NEEDS must be anticipated by the use of modem statistical and analytical devices. NEW IDEALS AND STANDARDS must be created to translate future technological advances into useful devices for community living and even the attitudes and motivations of the people themselves must be studied so that they can be converted into the proper areas of parks, housing or shopping centers for maximum comfort, convenience and safety. Mr MASTTR PLAN TRTATMTNT — is the prescription and life plan for the town. It recommends the use of specifics for the cure and prevention of ills, and a regimen for future healthy growth. It recognizes present and future needs and inherited weaknesses and strength. it maps out a program for tax-vitariin Intake and budgetary calorie counting, suggests slum removal surgery and might preventing hygiene. The master plan records the ideals of the best development of the entire community, makes sure that all the pieces fit together and work well, vfsuolizes the needs for future spaces and sites for public and private services and sets a program and priorities for growth. I (Reprinted with permission of the writer) Mrs. Georgia Struble Secretary, Planning Commission Kenai, Alaska Dear Mrs. Struble: I was somewhat upset upon receiving your letter of November 28th. It is true that I did make certain statements at the California Peal Estate Association convention in San Francisco and these statements were directed at certain types of staff members in zoning and planning and some planning commissioners; however, I would like to explain that my topic, as a panelist at the convention at which I was speak- ing to the zoning and planning committee of the California Real ,'state Association was to cover the topic "Should Cities be Allowed to Regulate Zoning on an Economic Basis In Unfortunately, only a part of my speech was picked up by the San Francisco Chronicle and I will admit they quoted me correctly, but I am sure if you had bean in attend- ance at the meeting you would have had a bettor understanding of the statements than having read them out of a newspaper. I spoke without a written speech. The furthest thing from my mind would be to eliminate zoning and planning. I am a member of the Bakersfield Planning Commission and have been for approximately five years. More important than being a planning commissioner I am a realtor and have been a realtor for over fifteen years. Being a realtor I sincerely believe in plan— ning and zoning and feel that it is one of the most important tools that we have in our industry. We here in Bakersfield are trying to make Bakersfield grow. Vie are trying to make it grow industrial wise; we are trying to make it grow with people coming here to live, to retire. Some of the worst criticisms that we receive from outsiders coming to our area is the hodge podge, the unplanned way that Bakersfield grew for many years before we did adopt a zoning and planning ordinance. As you probably know at this time the City and County have gotton together and Bakersfield is the only City in the State of California that has a joint City and County general plan. For many years the city of Bakersfield has had a zoning ordinance and is precisely zoned in the entire area of the City. In the county area of urban Bakersfield vie were unzoned. I believe I can say with assurance that property values have been better maintained, growth more orderly, we had fewer problems inside the city with our zoning ordinances and our precise zoning than we have had outside in the unin.. oorporated area. It is interesting to know that at this time the unincorporated area, or as we call it, the county area surrounding .3akersf ield is actually two thirds larger than the City itself and at the present time the county is working on a precise igone. They are approximately Wo precisely zoned in the area and it is showing an Improvement and a stronger growth than it did bef ore it was zoned. There are so many reasons zoning and planning are good for the real estate business. I feel that I do not have the time or space in this letter to recite them all, but to list a Yews 1. It is my feeling that if an area is unzoned and has no plan they are open for criticism from people on the outside, people that are coming in to invest in your area. Mrs.. Georgia Struble — 2 December 6, 1962 Btr By having proper zoning and planning you are better able to substantiate and main— tain property values in your commercial and industrial areas. 3. Good planning and zoning will g-ive you an ordorly growth. 4. Your residential values will be maintained; you will not have ugly unsightly in- dustrial and commercial growth in your residential areas that will tond to devaluate good property. 5. Good planned regulated zoning creates values unequaled in unzoned areas. Going back to the experience that we have had in Bakersfield, some of the worst prob— lems that we have to overcome today are some of the unsightly improper growths that have developed over the years before Bakersfield developed its zoning ordinances. I am sure that if I had the feeling of all of the brokers who belong to the California Rsal Estate Association that more than the majority of them would definitely be opposed to doing away with the zoning ordinances in their particular areas. This would do nothing but lead to chaos. As I read in your lettor the people who want to not have a general plan and general zoning are in favor of allowing the people who asked for zoning to have zoning. The only thing I can say in this regard is it leaves good' improvement unprotected. For example a small site of two to five acres zoned commercial, improved with a good development can be damaged by an unzoned area at boundaries with unsightly low class improper construction and uses. This in my opinion is highly detrimental to the good development and to incentive for good development. I can't help but fool the realtors who are opposing your zoning will, if they give it more thought and more study find that zoning and planning can actually be a benef it to their business rather than a hindrance. Upon first thought planning and zoning appears to be depriving one of his property right; however, if handled right it protects our property values. I am trying to get together some things that could be of benefit to you. I em going to send you a copy of our master plan that we have worked out with the county. I will also send you a copy of our city ordinance and our county ordinance and I do feel that you people on the planning commission would be doing an injustice to your area if' you allowed your zoning and planning to be thrown out. All that it would do would make your area regress rather than progress. December 6, 1962 -�! DAGsEW Sincerely yours, S%Dean A. Gay DEAN A. GAY Garde D. Watson Realty Co. Bakersfield, California