Zoning is a critical tool in every community's effort to establish and maintain its unique identity. The work of zoning officials can be complex and challenging. Regulations change, philosophies changebut the rules still have to be clarified and enforced This workshop was presented by South Suburban Mayors and Managers Association and Governors State University The half-day workshop focused on case studies and information exchange. The workshop leaders, Professors Efraim Gil (e-gil@govst.edu) and William Toner (w-toner@govst.edu) are long-time GSU faculty members. They are the co-authors of Planning Made Easy: A Guide for Local Officials, a best selling training manual for zoning officials, published by the American Planning Association. Professor Toner's notes concerning Variances and Special Uses are available for review.

Variances:  Or how a minor change to the zoning 
rules can lead to a really big headache.

	Variances are a MINOR exception to the
	zoning rules

	Synonyms for MINOR are:
		
		Small
		Wee
		Tiny
		Diminutive
		Trivial
		Piddling
		Paltry
		
	Variances are NOT major exceptions to the 
	zoning rules

	Synonyms for major are:

		Large
		Big-time
		Primary
		Paramount
		Great
		Foremost
		Principal

	Variances are not the cure-all for every 
	zoning problem

		Avoid Use Variances
		Do not collapse zoning standards
		Multiple requests, 
		same problem = change zoning ordinance

	Sources of information in evaluation of variances

		State enabling legislation
		Court cases (LaSalle Bank case)
		Zoning ordinance



	Typical standards

		Unique:  The hardship caused by zoning 
		standards is unique to the property and is 
		not shares by neighbors or owners 
		of other similar properties.

		Effect:  The effect of the zoning standards 
		is to deny a property owner reasonable use 
		of the property.

		Self-imposed:  The applicant did not bring 
		the burden upon him/her self, but, instead, 
		had the burden imposed upon them.

		Consequence:  The variance should not cause 
		any land use or parcel of land to become 
		nonconforming, nor should it be used to 
		allow a nonconforming land use parcel to 
		continue.


Additional Standards

	Purpose and intent:  The variance complies with the 
	statement of public purpose or intent for the zoning 
	ordinance generally and the zoning district under 
	consideration specifically.

	Harm:  The variance will not harm nearby people 
	or properties.

	Character:  the variance will not change the character 
	of the area.

	Minimum:  The variance is the minimum necessary to permit 
	reasonable use.



Quasi-Judicial
		
		Similar to a trial
		
		Avoid witnesses
	
			Planners	
			Zoning administrators
			Applicants
			Neighbors

		Follow procedures

			Notifications
			Burden of the applicant
			Focus on standards, not crowds, 
			not petitions

			Separate fact from opinion


Limit expert opinion

		Findings of fact (a case history)

			All documents and exhibits
			List all standards, plus fact, 
			plus relevant testimony
			
			Cite evidence for each standard
		
		The findings

			Application
			Parties of interest
			All documents/exhibits
			Description of property
			Surrounding land uses
			Zoning

		Standards

			Review every standard
			Identify facts
			Reach a conclusion for each
			Define any conditions
		
		Prepare findings in final form

			Vote
			forward




Special Uses/Conditional Uses or 
Does it look, hop and act like a frog?


	One of two types found in zoning districts
	
	Depends on

		The special use itself

		The place in which it is proposed

	Know the proposal

1. Scale:  Size, Height, Density

2. Intensity: Level of activity

3. Style:  Sore thumb?

4. Traffic:  How much? When? Vehicle type? Where?

5. Noise:  How much? When? Clean up crews?

6. Litter: Fast food trash

7. Hours of activity

8. Public service requirements

9. Public facility requirements

10. Hazards: Man-made? Natural?

11. Attractants: Gas stations to car wash to auto parts

12. Repellents

13. Pollution

14. Signs: Type, size, loction

15. Nature of activity


Know the Place- The Neighborhood

1. Scale of

Lots
Structures

2. Style of

Buildings
Landscape architecture

3. Intensity of Neighborhood Activities

Traffic: volume, hours, vehicle type, patterns
Pedestrian activities
Noise: Duration, extent time
Litter

4. Hours of neighborhood activity

5. Existing hazards

Natural
Man-made
		
6. Attractants
7. Repellents
8. Nature of Neighborhood Activity


Guidelines for decisions on special uses

1. The comprehensive plan

Goals
Policies
Objectives

2. The zoning ordinance

General public purpose
Specific public purpose
Relevant standards (minimal requirements)

3. Deviation from standards of relevant district

4. Question the

Applicant
Zoning administrator/planner
Witnesses

5. Listen carefully to the

Applicant
Zoning administrator
Witnesses

6. Construct a mental model of the neighborhood

7. Envision the neighborhood in 20 years



Answer the following questions.

Does the proposed special use..


1. Generate similar traffic

Type
Volume
Hours

2. Reflect compatible structures

Size
Style

3. Generate similar noise

Levels
Hours

4. Place similar burdens on

Public services
Public facilities

5. Have similar hours of activity
6. Have similar levels of intensity
7. Have similar potential for expansion
8. Attract incompatible uses
9. Generate similar amounts of litter
10. Contain similar hazards
11. Attract compatible uses
12. Meet neighborhood needs

In answering these questions, just remember, if it 
looks, hops, and acts like a frog, it's probably a 
frog.  Approve it.  If it doesn't don't.