Zoning Enforcement

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Zoning Enforcement: The Role of the Zoning Administrator, Planner and Planning Commission
Many communities spend a significant amount of time and effort developing beautiful master plans,
elegant form-based codes, and ultra-detailed design guidelines. However, the effectiveness of these
documents ultimately comes down to one thing: Enforcement! If the zoning ordinance is not enforced,
the visions and goals stated within the master plan and subarea plans inevitably fall by the wayside.
Additionally, relaxed enforcement transforms legally binding, approved site plans into general
“guidelines” for development. Without enforcement, compliance becomes voluntary rather than
mandatory: the pharmacy is now set five feet closer to the road than indicated on the approved site
plan; the industrial building now has an unapproved outdoor storage area; the grocery store has four
donation boxes in their parking lot when only one was approved. While these may seem like small, local
problems, failing to address and reverse these nuisances may end up reducing the aesthetic appeal,
property values, and, ultimately, the quality of life within an area.
Fair, efficient and streamlined zoning enforcement requires COP:
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Commitment: The willingness to commit manpower and resources
Ordinances: Ordinances that are effective and enforceable
Process: A process that allows due process and fairness.
This presentation will address each portion of COP by describing the importance of zoning enforcement,
the legal basis for enforcement, and the steps that must be taken to ensure a fair, efficient, and
streamlined enforcement process. Additionally, the presentation will identify the key “players” in the
enforcement process and discuss how these players can work together to truly implement and enforce
the community’s visions, goals and objectives.
Specifically, the presentation will address the following questions:
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What is the purpose of enforcing the Zoning Ordinance?
What is the legal background of zoning enforcement?
Who should be responsible for enforcing the Zoning Ordinance?
What are the steps for ensuring a fair, efficient and streamlined zoning enforcement process?
What are the various options for ensuring enforcement and what penalties can be applied?
How should the Planner, Planning Commission and Legislative Body get involved in zoning
enforcement?
We hope you’ll join us!
Richard K. Carlisle, President R. Donald Wortman, Vice President Douglas J. Lewan, Principal John L. Enos, Principal David Scurto, Principal
Benjamin R. Carlisle, Senior Associate Sally M. Elmiger, Senior Associate Brian Oppmann, Associate Laura K. Kreps, Associate
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