NTC Zoning 101

I prepared a simple one page talking paper as an introduction to the basics of the proposed Northern Tier Coalition (NTC) Zoning Ordinance for a local gathering. While I am against the proposed ordinance, this quick summary is pretty even-handed. It raises the basic trade-off of zoning costs vs. benefits and suggests the alternative of using specific performance ordinances. You can find all the official NTC information here . Talking paper follows:

Northern Tier Coalition (NTC) consists of 10 Townships and 3 Boroughs

* Cooperation and State Funding Grants

* Produced Comprehensive Plan based on County Plan

* Draft Zoning Ordinance : Basically same for all Towns but Must be voted by Each.

If enacted by a Town, the Zoning Ordinance applies and can be altered by Town later. These changes may be done by ordinance publication and enactment with hearings. If a Town does not enact, it can join later by holding hearings and voting an ordinance.

Zoning creates districts and specifies what uses can be made of land in each zoned District. NTC Ordinance has 4 Districts: Rural Agricultural (RA), Residential (R), Village Commercial (VC), Commercial Industrial (CI) with Lake, Residential and Floodplain Overlay Districts in all towns.

Zoning can protect some landowners from some undesirable uses on nearby properties. It does this by controlling and restricting what all landowners can do with their property.

So, does zoning benefit you enough for the loss of your property rights and its costs?

Each District has a List of Principal Permitted Uses, Conditional Uses, and Accessory Uses. All non-farm Uses require a Zoning Officer Permit and fee; all Secondary and some Principal Uses may entail longer applications and hearings* to get permission from the Governing Body.

There are Standards and Setbacks for Buildings and for uses. If your existing Land , Use, or Buildings do not meet these standards, they are “Non-Conforming”. Non-Conforming uses and structures are “grandfathered” – allowed to continue and to be repaired. But there are restrictions on what can be done to modify, alter, or extend them if they are damaged or you want to change them or use them for a different purpose. These issues require hearings* and permission from the Governing Body.

As an example, any building within 30 feet of the edge of a road right of way (about 47 feet from center of a dirt road) is Non-Conforming. It is not clear that any attempt was made to determine how many existing buildings would become Non-Conforming by this standard. If it is a high percentage of a town’s buildings, there may be a lot of work and expense to get permits for changes. If you have a Non-Conforming Building or Use, the NTC advises that you “register” it in advance with the Zoning Officer (with fee?).

There are administrative costs in addition to the fees. Each township is expected to have at least 5 volunteers to serve on their Planning Commission and Board of Variance. That is over 50 just for the NTC compared to 9 on the County Planning Commission for all 42 municipalities. Can we find enough fair and willing volunteers for these appointments?

There are alternatives to Zoning for neighborhoods or towns that want more protection from undesirable land uses. They could make binding covenants or performance-based ordinances that establish maximum effects (traffic, noise, water runoff, odor, etc.) that are allowed in an area without dictating specific uses. This eliminates the long lists of permitted uses, fees and approval processes. Everyone does not pay in advance to do what they can do now for free. Only those who exceed the limits get penalized.

* Hearings may entail the Planning Commission or their appointed Hearing Officer.