The following case summary was adapted from one prepared by Kurt Schindler at MSU-Extension; excerpts reprinted with permission from the author.  For the Zoning Guru, this case raises an important question for planners and zoning administrators:

“Do you know what’s in your zoning ordinance?“

Court: Michigan Court of Appeals (Unpublished No. 283202, March 17, 2009)

Case Name:  Richie v. Gladwin County

Background:

Mr. Ritchie (the plaintiff) removed a barn from his square (four sides of equal length), corner lot at Highwood and Hay Roads in Gladwin County, and constructed a quonset hut on the barn’s foundations.

“At issue was whether the portion of plaintiffs’ property on Hay Road was…

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Rodney C. Nanney, AICP, principal planner for Building Place, is an innovative provider of solutions to community planning, zoning, and local economic development challenges.  As a writer, public speaker, and community planning consultant, Mr. Nanney consistently strives to translate the tangled legalisms and technical jargon of zoning and land development into everyday language.

Mr. Nanney currently has several openings available to speak on these and related topics before your local business or community group.  Possible topics include:
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UPDATE: Thank you to all that attended our recent conference session entitled “Brevity or Ambiguity: What’s in Your Zoning Ordinance?” Click here for the PowerPoint presentation and links to more information.

ORIGINAL POST:

“Brevity” and “clarity” are not words that leap to mind when referring to the character of most zoning ordinance language.  Local zoning ordinances have a broad impact on residents, property owners and business owners.   Too often the text of such ordinances, having accumulated years of amendments, has become ambiguous and unintelligible.  Clear, brief, and unambiguous writing is a key to developing a zoning ordinance that is easy to understand, administrate and enforce.

State-of-the-art zoning regulations must be well organized and easily understood by those who do not possess advanced degrees in either law or community planning.  Here are the top ten ways for planning commissioners and elected officials to apply the principles of brevity and clarity to a zoning ordinance:

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