[R.O. 2004 § 420.030; Ord. No. 2.56 § 4, 1-9-2001]
As with other Police powers, the
exercise of zoning and subdivision regulations is subject to certain
legal limitations. One of the most important of these limitations
requires that zoning and subdivision regulations cannot be applied
in an arbitrary or capricious manner. Decisions regarding zoning and
subdivision issues cannot be fixed or arrived at through an exercise
of will or by caprice without consideration or adjustment with reference
to principles, circumstances or significance.
[R.O. 2004 § 420.040; Ord. No. 2.56 § 4, 1-9-2001]
A.
Before making any recommendation or decision
on a zoning request, the Planning and Zoning Commission must first
hold a public hearing. The purpose of the hearing is to allow all
sides to express their views on the issue and to discuss all relevant
factors. Although the hearing is a valuable mechanism for gauging
the community's attitudes toward development and for establishing
the facts of each case, it is important that decisions not be based
solely on the opinions of the largest or most vocal group of participants.
B.
Instead, zoning decisions must be based
on the best interests of the entire community and not just the interests
of a particular property owner or neighboring property owners. The
Planning and Zoning Commission should try to distinguish between facts
and opinions at a public hearing. Unsubstantiated assertions ["This
project would reduce the value of my property by seventy-five percent
(75%)"] or generalizations ("People who live in apartments always
drive fast cars and race up and down the streets") should be analyzed
for their validity. Even expert witnesses should be pressed to give
as factual a basis as possible for their judgments.
C.
Second, zoning decisions should include
consideration of long-range community goals as well as short-range
needs. The recommendations of the Comprehensive Plan should be the
primary source for this information. Because of its importance in
the zoning process, the Comprehensive Plan should be reviewed by the
Mount Vernon Planning and Zoning Commission on a regular basis and
amended as necessary to ensure that it remains current.
D.
Third, it is important to zone based on
land use issues, not the personal issues affecting the individual
applicant. An error frequently made is approval of a rezoning to accommodate
an applicant's personal circumstances without consideration of land
use conditions and characteristics. Such rezonings are rarely in the
public interest and, if challenged, can be held to be invalid. Instead,
decisions should be based on whether the land is appropriate for the
proposed zoning district.
E.
The entire class of uses which the zoning
district permits should be considered rather than just the use the
applicant proposes, since a change in ownership or in market conditions
could easily result in a change of the proposed or existing use.
F.
Special use permits are granted on a case-by-case
approach. The zoning regulations set forth conditions that must be
met before a special use permit may be granted. The district regulations
also may establish additional conditions. The recommendation to grant
a special use permit should be made to the Governing Body only after
the Planning and Zoning Commission has found all the standards, as
set forth in the zoning regulations, have been met.
[R.O. 2004 § 420.050; Ord. No. 2.56 § 4, 1-9-2001]
A.
The Board of Zoning Adjustment has the
important task of interpreting the zoning regulations in situations
where the language of the ordinance is alleged to be ambiguous, the
specifics of the case are unusual enough to warrant special consideration
or an appeal is made. Thus, the decisions made by the Board of Zoning
Adjustment must be carefully thought out and clearly stated in order
to safeguard the integrity and purpose of the zoning regulations.
B.
In deciding an appeal, the Board of Zoning
Adjustment must interpret sections of the zoning regulations, as well
as preserve the intent and consistency of the regulations. The specifics
of the applicant's situation are largely irrelevant, since the ruling
of the Board of Zoning Adjustment will affect not only the case at
hand, but will also set precedent and consequently affect each subsequent
use of that section of the zoning regulations.
C.
The granting of a variance requires a very
careful examination of the applicant's situation. Although the Board
of Zoning Adjustment should be careful to avoid setting any unintentional
precedents, the variance process requires a case-by-case approach.
Before a variance can be granted, facts must be presented supporting
the standards set forth in the Mount Vernon zoning regulations. These
conditions require the existence of practical difficulties or unnecessary
hardship and that any variance granted be consistent with the intent
of the regulations, the general welfare of the community and the rights
of adjacent property owners.
D.
In each of the duties described above,
it is important to point out that it is not the role of the Board
of Zoning Adjustment or the Planning and Zoning Commission to change
or weaken the intent of the zoning regulations. If the ordinance needs
changing, an amendment should be passed by the Governing Body after
the Planning and Zoning Commission's review and recommendation.
[R.O. 2004 § 420.060; Ord. No. 2.56 § 4, 1-9-2001]
A.
The decision to approve or disapprove a
preliminary or final plat should be based on technical standards that
can be set out in written form. Standards for subdivision design are
included in the subdivision regulations. Standards for engineering
design and construction should be available from the Zoning Administrator.
Other elements of good subdivision design exist, however, that are
not easily quantified or expressed in writing. These include aesthetics,
compatibility with adjoining subdivisions, relationship to topographic
conditions, efficiency of the utility layout and general suitability
of the lot and block design to the intended use of the land. Such
issues will have to be resolved in the best judgment of the Planning
and Zoning Commission after consideration of the plans for the subdivider.
In reviewing a subdivision plat, two (2) distinct sets of interests
must be considered:
B.
Initially the subdivider is the property
owner, but eventually lots in the subdivision are likely to be sold
to a variety of people. The property owner(s) needs a subdivision
design that can be developed easily and economically. This means an
efficient street and utility layout and lots which have the appropriate
size, shape and topography to develop and maintain for their intended
use. The broader community needs a subdivision design that blends
well with the development pattern of the City and that will not be
a financial drain on local government. This means that the subdivider
must adhere to appropriate standards for design and construction and
give adequate financial guarantees to ensure that all public improvements
are installed.
[R.O. 2004 § 420.070; Ord. No. 2.56 § 4, 1-9-2001]
The zoning regulations in the City
of Mount Vernon require that a new building(s) or the expansion of
an existing building(s) in multifamily, commercial and industrial
zoning districts be subject to site plan review and approval by the
Planning and Zoning Commission before building permits can be issued.
The site plan is a detailed depiction of the entire project and its
relationship to adjoining property. Elements that must be included
are detailed in the zoning regulations.
