Land Development Handbook: Planning, Engineering, and Surveying, Third Edition

Part II.C: Rezoning

CHAPTER LIST

Chapter 9: The Rezoning Process
Chapter 10: Exactions, Infrastructure Enhancements, and Fees
Lawrence A. McDermott Megan M. Bramble,
Esq.

INTRODUCTION

Several primary objectives guide the land development team in an effort to rezone a piece of land. Chief among these is whether the client's development program or intended use of the land can be efficiently and cost-effectively accomplished within the constructs of the permitting jurisdiction. The plan must result in a marketable project appealing in both cost and layout to the developer, the potential user, and the jurisdiction in which the project is proposed. The plan must be able to receive local government approval, which often requires development proposals that conform to the comprehensive plan.

As noted in Chapter 7, adoption of the comprehensive plan is the culmination of extensive analysis and community dialogue. Consequently, findings and recommendations in the comprehensive plan play a central role in defining the development program for a proposed rezoning. Where the plan has recently been revised, it offers a strong perspective of current community opinion. These attitudes, toward both development in general and the property in particular, are raised during the review of the rezoning application by the approving authority. Neighborhood residents are extremely diligent in demanding that their elected officials apply literal interpretations of comprehensive plan language, which they had a hand in developing. The land development team must anticipate, respect, and accommodate these attitudes.

Sometimes, however, the plan/design objectives of the developer are inconsistent with the current zoning of the...

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