Recommendations for
Revision of Ordinances and Zoning Codes

Regularly Updated and Reevaluated Ordinances:
Over the years, many communities add requirements to ordinances without ever going back to evaluate whether the additions are consistent with existing requirements. Moreover, communities should periodically review requirements to ensure that they reflect current demographic needs as well as current development concerns and practices. State enabling legislation should include "sunset" provisions that require communities to conduct such reevaluations or face the expiration of their ordinances.

Revise Zoning Codes to Increase Flexibility:
Adopting more flexible or less restrictive standards, such as: allowing planned unit developments, cluster developments, and mixed uses; permitting greater height and bulk developments (often combined with design standards); increasing allowable lot coverage; and, reducing lot sizes, setbacks, and street and parking standards can stimulate development while producing attractive, livable neighborhoods.

Adopt Performance Standards Which Emphasize Outcomes:
Specific setbacks, height limitations and similar standards do not take into account conditions, which vary from site to site. Performance zoning/standards focus on directly controlling the impacts of a development.

Permit Adequate Densities to Ensure that Development is Feasible:
Increased density allowances can help offset higher land costs and construction difficulties, making more attractive profits possible. Density bonuses and transfers can be used as incentives to encourage development in target growth areas.

Simplify and Reduce the Number of Zoning Districts:
Consolidation of districts allows a greater range of uses and densities in each, and reduces the need for re-zonings.

Over-Lay Zoning Districts:
Develop a zoning code that supersedes underlying regulations, allowing expedited review of development proposals when they achieve certain goals.

Mixed-Use Zoning:
Define zones broadly to accommodate more than one use, allowing communities to change and evolve to meet community needs.

Market-Determined Densities:
Allow consumers to determine appropriate densities through performance zoning that establishes standards for congestion, landscaping, open space and other design elements, but does not spell out how the standards must be met.

Market-Based Planning:
A market-oriented approach to development regulation examines proposals based on their impacts on neighbors and potential for generating a nuisance, rather than the particular use of the property. Market-oriented planning re-tools the approval and re-zoning process to facilitate market trends while protecting the interests of neighbors and community residents. Rather than make detailed decisions about projects, the planning process provides a general framework for market adjustments and adjudicating disputes when conflicts arise among property owners. Market-based planning accommodates consumers as they respond to opportunities and choices made available through the market. This approach focuses on specific issues and consequences of development rather than general concerns about potential impacts of unknown projects.