Planning Law Primer Reprints

Planning Law

Above all, don't let yourself be bullied by threats of litigation, unconstitutional takings, and other blusters which may come your way. … Courts do not lightly overturn planning commission decisions if they are in accordance with duly adopted regulations and are firmly based on factual findings.
-- Carolyn W. Baldwin, Esq., from "The Role of the Lawyer"
This collection of articles reprinted from the Planning Commissioners Journal is a primer on basic planning law. Understand the basics of variances, procedural due process and other legal issues that arise. Written in jargon-free language for citizen planners, this collection will be especially useful to members of planning commissions and zoning boards, providing an introduction to key planning law topics.

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Articles
Summary

A Planning Law Primer:

Zoning Basics
by C. Gregory Dale, FAICP and Michael Chandler Mike Chandler and Greg Dale begin their look at zoning basics with an overview of the purposes of zoning, the structure of a typical zoning ordinance, and the principal players in the "zoning universe." With sidebars on key zoning-related legal issues.

The Role of the Lawyer
by Carolyn W. Baldwin, Esq. A look at four different relationships between attorneys and planning commissions.

Basics of Variances
by Robert Widner, Esq. A primer on zoning variances.

Planned Unit Developments
by Mary McMaster, Esq. A primer on planned unit developments.

Drafting Land Use Findings
by Gary A. Kovacic, Esq., & Mary L. McMaster, Esq. Courts are increasingly scrutinizing written findings in local land use decisions. Two attorneys provide guidelines for drafting land use findings.

Procedural Due Process in Practice
by Dwight Merriam, AICP, Esq. & Robert J. Sitkowski, AIA, Esq. No person shall be deprived of property "without due process of law." A look at how this Constitutional requirement applies to planning commission and zoning board procedures in handling permit applications.

Performance Guarantees
by R. Jeffrey Lyman, Esq. Attorney R. J. Lyman reviews the basics of performance guarantees, including surety bonds, letters of credit, and escrows.

Zoning Ordinances and "Free Speech"
by Alan C. Weinstein, Esq. An overview of First Amendment issues an the regulation of signs and billboards, and adult entertainment businesses.

"X" is for X-Rated Uses
by Laurence Gerckens, FAICP From planning historian Laurence Gerckens' Planning ABCs publication.

Zoning Adult Entertainment Businesses
by Terence R. Boga, Esq. Attorney Terence Boga reviews the basic legal principles involved in zoning for adult businesses.

Making Use of Overlay Zones
by Elizabeth A. Garvin, Esq. Overlay zones can provide increased flexibility in local zoning codes. Attorney and planner Elizabeth Garvin covers the basics of using overlay zones.

Overlay Zoning To Protect Surface Waters
by Joel Russell, Esq. Regulating land use practices near streams can significantly reduce the run-off of sediment and other pollutants into water bodies. Joel Russell examines how a system of 'overlay zones' can help protect stream corridors, lakeshores, and watersheds.

Zoning for Aesthetics
by Christopher J. Duerksen, Esq. Attorney Christopher Duerksen examines zoning for aesthetics, and offers some guidance for communities thinking of drafting aesthetic-based regulations.

Sign Regulation
by Edward T. McMahon, Esq. Regulation of on-premise advertising signs is one important means by which a community can assert control over its physical environment. The end result is not just a more visually attractive environment, but one in which businesses can actually communicate more effectively to their customers.

Rethinking Conventional Zoning
by Joel Russell, Esq. Land use attorney and consultant Joel Russell examines the failings of conventional zoning, and explores a way of incorporating greater flexibility into local zoning.

Property Rights & Takings:

How Far is Too Far?
by John Ronayne, Esq. Attorney John Ronayne provides a primer on how courts approach “takings” cases.

Taking Aim at Takings Claims
by Dwight Merriam, AICP, Esq. Takings claims can create enormous potential liability for local governments. Respected land use lawyer and planner Dwight Merriam provides an overview of basic takings principles, and addresses questions planning commissioners often have.

A Question of Balance
by C. Gregory Dale, FAICP Planner and PCJ columnist Greg Dale explores the question of how to balance community needs and individual property rights.

The Property Rights Challenge: What's A Planner To Do?
by Irving Schiffman, Esq. The growth of the property rights movement has been reflected in court decisions and legislative enactments -- and has affected local land use regulation. Professor and attorney Irving Schiffman reviews the changing landscape of planning law, and offers guidelines for planners in responding to the property rights challenge.

The Supreme Court's Kelo Decision
by Kennedy Smith Can local government take private property away from its citizens and develop it for something that will generate more tax revenue? On June 23, 2005 the U.S. Supreme Court said "yes" in an eminent domain case that set off tidal waves of anxiety, praise, anger, and confusion. PCJ columnist Kennedy Smith sorts through the Kelo ruling and its implications.

Take a look also at our other "Taking a Closer Look" reprint sets

Articles	Summary
A Planning Law Primer:
Zoning Basics by C. Gregory Dale, FAICP and Michael Chandler	Mike Chandler and Greg Dale begin their look at zoning basics with an overview of the purposes of zoning, the structure of a typical zoning ordinance, and the principal players in the "zoning universe." With sidebars on key zoning-related legal issues.
The Role of the Lawyer by Carolyn W. Baldwin, Esq.	A look at four different relationships between attorneys and planning commissions.
Basics of Variances by Robert Widner, Esq.	A primer on zoning variances.
Planned Unit Developments by Mary McMaster, Esq.	A primer on planned unit developments.
Drafting Land Use Findings by Gary A. Kovacic, Esq., & Mary L. McMaster, Esq.	Courts are increasingly scrutinizing written findings in local land use decisions. Two attorneys provide guidelines for drafting land use findings.
Procedural Due Process in Practice by Dwight Merriam, AICP, Esq. & Robert J. Sitkowski, AIA, Esq.	No person shall be deprived of property "without due process of law." A look at how this Constitutional requirement applies to planning commission and zoning board procedures in handling permit applications.
Performance Guarantees by R. Jeffrey Lyman, Esq.	Attorney R. J. Lyman reviews the basics of performance guarantees, including surety bonds, letters of credit, and escrows.
Zoning Ordinances and "Free Speech" by Alan C. Weinstein, Esq.	An overview of First Amendment issues an the regulation of signs and billboards, and adult entertainment businesses.
"X" is for X-Rated Uses by Laurence Gerckens, FAICP	From planning historian Laurence Gerckens' Planning ABCs publication.
Zoning Adult Entertainment Businesses by Terence R. Boga, Esq.	Attorney Terence Boga reviews the basic legal principles involved in zoning for adult businesses.
Making Use of Overlay Zones by Elizabeth A. Garvin, Esq.	Overlay zones can provide increased flexibility in local zoning codes. Attorney and planner Elizabeth Garvin covers the basics of using overlay zones.
Overlay Zoning To Protect Surface Waters by Joel Russell, Esq.	Regulating land use practices near streams can significantly reduce the run-off of sediment and other pollutants into water bodies. Joel Russell examines how a system of 'overlay zones' can help protect stream corridors, lakeshores, and watersheds.
Zoning for Aesthetics by Christopher J. Duerksen, Esq.	Attorney Christopher Duerksen examines zoning for aesthetics, and offers some guidance for communities thinking of drafting aesthetic-based regulations.
Sign Regulation by Edward T. McMahon, Esq.	Regulation of on-premise advertising signs is one important means by which a community can assert control over its physical environment. The end result is not just a more visually attractive environment, but one in which businesses can actually communicate more effectively to their customers.
Rethinking Conventional Zoning by Joel Russell, Esq.	Land use attorney and consultant Joel Russell examines the failings of conventional zoning, and explores a way of incorporating greater flexibility into local zoning.
Property Rights & Takings:
How Far is Too Far? by John Ronayne, Esq.	Attorney John Ronayne provides a primer on how courts approach “takings” cases.
Taking Aim at Takings Claims by Dwight Merriam, AICP, Esq.	Takings claims can create enormous potential liability for local governments. Respected land use lawyer and planner Dwight Merriam provides an overview of basic takings principles, and addresses questions planning commissioners often have.
A Question of Balance by C. Gregory Dale, FAICP	Planner and PCJ columnist Greg Dale explores the question of how to balance community needs and individual property rights.
The Property Rights Challenge: What's A Planner To Do? by Irving Schiffman, Esq.	The growth of the property rights movement has been reflected in court decisions and legislative enactments -- and has affected local land use regulation. Professor and attorney Irving Schiffman reviews the changing landscape of planning law, and offers guidelines for planners in responding to the property rights challenge.
*The Supreme Court's Kelo* Decision** by Kennedy Smith	Can local government take private property away from its citizens and develop it for something that will generate more tax revenue? On June 23, 2005 the U.S. Supreme Court said "yes" in an eminent domain case that set off tidal waves of anxiety, praise, anger, and confusion. PCJ columnist Kennedy Smith sorts through the Kelo ruling and its implications.
	Take a look also at our other "Taking a Closer Look" reprint sets