l
l

\l

‘IW

l
1
I

WW

WI

I
l

__—_—-

 

".vz rr. Em.)
‘ V H'

 

PLACE IN RETURN BOX to remove this checkout from your record.
TO AVOID FINES return on or before date due.
MAY BE RECALLED with earlier due date if requested.

 

DATE DUE

DATE DUE

DATE DUE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6/07 p:/ClRC/Date0ue.indd-p.1

 

j; ,‘ Si. 11': ‘|
tr‘1 J l RETUF ‘“ ‘4TFRIA'S:
- Piac '“

 

 

PERFORMANCE ZONING AND ENVIRONMENTAL PROTECTION

BY

Thirapan Nandhakij

A PLAN B PAPER

Submitted to
Michigan State University
in partial fulfillment of the requirements

for the degree of

MASTER OF URBAN PLANNING

School of Urban Planning and Landscape Architecture

1984

Acknowledgements

This report was made possible by the cooperation of
many people. I would like to express my grateful apprecia—
tion to these people who willingly help me to complete this

report.

I would like to express my graditude to Professor
Keith Honey who devoted his time to assist me with the
concept of performance zoning. Without his assistance and

kindness, this study would not have been completed.

I wish to thank Ms. Jane Rice—Blaine of the Planning
and Design Library for giving service kindly and in times of
need. I am also indebted to Mr. Richard Crawford— Bath
Township Zoning Administrator who gave me a lot of recommen—

dations and information about Bath Township Ordinance.

Finally, I am deeply indebted and grateful to my
parents for their encouragement and support in my advanced
study.. They have shared both pleasant and painful experiences
with me and have been any constant source of inspiration

throughoutijmgwriting of this report.

II.

III.

IV.

VI.

TABLE OF CONTENTS

Introduction ......................................... A

The concept of conventional and performance zoning... 1

Bath Township Zoning Ordinance (performance zoning).. 15

— Why performance zoning? ............................ 15
— Performance Criteria... ............................ 16
— District Performance Standards ..................... 18
— Bufferyards ........................................ 18
- Nonconforming Uses ................................. 20
Environmental Protection.. ........................... 21
— Environmentally Sensitive Areas .................... 21
— Environmental Performance Standards ................ 24
Conclusion ........................................... 27

Bibliography ......................................... 31

Intgoductiog

In the first part of this report, the major failures
of conventional zoning in protecting natural resources will
be exmained and the important issues and constraints of any
regulation system identified. This part will focus on the
major problem of conventional zoning thatlunsfailed to meet
the expectations of land use planners. Then, performance
zoning will be pointed out as an alternative to traditional

zoning.

In the second part, Bath township ordinance will be
given as an example of performance zoning. This part explains
why this ordiance uses the performance approach rather than
the conventional approach. In addition, performance criteria
will be noted in order to compare the differences of develop-
mental process between conventional and performance zoning.
Section 14.03 of the zoning ordiance, which comprises of the
basic criteria apply to various land uses in the zoning dis—

tricts, will be explored.

The final part explains about environmental protection
with respect to land use control and management. The necessity
to preserve environmentally sensitive areas is needed in order
to maintain the value of land resources. The failure of
detailed specifications in protecting these land areas and
natural features will be mentioned. Finally, this study seeks

to compare the differences between common performance standards

and environmental performance standards. Both techniques
provide important methods of controls for resource management

and protection.

Part I

Conventional VS. Performance Zoning

Performance Zoning and Environmental Protection

Zoning was introduced in the United States as a
reform of the nuisance law that had been made necessary by
- the rapidly increasing complexity of modern life. In 1926,
The Supreme Court approved the consitutionality of zoning
for protecting neighborhood quality, while ”nuisances” in
the old legal definition did not have similar effects on

neighborhood quality.

Although zoning may be used for a variety of purposes,
its major purpose is to insure land uses of the community
are properly situated in relation to one another, that
adequate space is available for each type of development,
and that development is sufficiently open to permit light,
air, and privacy for persons living and working within their

property.

Although traditional zoning has been in effect for
more than six decades, its purpose as an effective land use
measure for the implementation of plans has not been fulfilled.
Zoning has failed to protect the environment : floodplains
and marshes have been filled, and agricultural land has been

converted to other uses.

The Failures of Conventional Zoning.

 

Theoretically, traditional zoning is based on a

hierarchy of land uses, ranging from the highest hierarchy

(eg. single family dwelling) to lowest hierarchy (eg. heavy
industry). Zoning districts are intended to seperate the
highest from the lowest. In other words they prevent any
lower use from harming a higher one. Traditional zoning,
then, attempts to distinguish areas in which residential
uses (higher) are permitted and areas in which industrial

uses (lower) are permitted.

There are four major reasons that traditional zoning
had failed to protect the environment and society. The first
is the inflexibility of zoning. A rigid system of zoning
cannot account for the variety of tastes and demands that
exist in urban communities: While adjustment of the defined
areas is possible within the standard ordinance, the process
is complex and difficult, and unlikely to ensure that unjus-
tified cases do not slip through. Zoning ordinance could
take more than six months to be amended to permit special
uses.1 This rigid quality does not apply only to the division
of uses and the appeal procedure. The accompanying regulations
covering lot dimensions and bulk, etc., have also continued
to grow in detail, there is one critic who referred to these
requirements as a ”Mathematical gridle” into which an archi-

tect has to slip his building.2

 

lD. Woolfe, I'Zoning is Doing Planning In, ”p. 13.

2J. Baker, ”Runaway Zoning," p. 6.

A second problem is that zoning is based on a faulty
premises. This criticism takes issue with the basic of
zoning itself the process of taking a map of the urban area
and establishing one use for area A and another for area B.
Zoning is intended to implement a general plan reflecting
the community's values for land management. Many critics
have made very interesting comments about the failure of
zoning :

”The theory behind the current system is that the
members of a community can sit down one fine day and deter—
mine not only the general nature of its future development
but also every detail to such a precise extent that very
little need to be left to the discretion of an on—going
administrative process. The idea that a community can do
this rests on the assumption that it has a clear vision of
an end state for itself and that little, if anything, can
happen to mar that vision. The only way to describe the
system, therefore, is to say that it subcribes to a static
end state concept of land use3control. Plainly that concept
is in conflict with reality.”

Evidence of zoning's failure in this respect is
offered by several examples of variances and exemptions
which can be seen in any city. Urban growth and its demands

are far more dynamic that comprehensive plans and zoning

ordinances are.

 

3Weaver, Clifford and Babcock, Richard. ”City Zoning:
The Once and Future Frontier.” 1970, p. 23.

A third problem is that zoning now totally dominates
the planning function as a whole. The increasing complexity
of our urban environment has been reflected in the zoning
ordinance. Such complexity leads to the need for increasing
the number of staff personal to enforce the regulations.
Further, it has imposed an increase in the amount of time
involved in both private and public sectors. This has led
to the commonly accepted concept that zoning is planning.
Generally speaking, planning departments spend so much time
on zoning regulation and enforcement, that this definition

is rapidly approaching reality.

Finally, zoning lacks a negative feedback mechanism.
It is clear that mistakes will be made from time to time as
zoning regulations are changed to respond to anticipated
future developments. However, the parties that have to
suffer these mistakes happen to be developers and/or resi-
dents. Accordingly, the planning process is not self—cor-
rective since failures appear as external effects or
diseconomies. In effect, planners do not have the incentives
to make it right nor do they suffer the consequences of

their errors.

Theoretically, zoning is supposed to protect land-
owners from the negative impacts of adjoining land uses.
But practically,iJ:has not fulfilled this aim, because con—
ventional ordinances do not contain standards to protect

adjoining land uses. Therefore, the success or failure of

traditional zoning depends upon the process of designating

the boundaries of a zoning district.

Conventional zoning cannot effectively protect all
interests both developers and landowners, because zoning is
based upon specific decisions. Either the developers or the
landowners must win, the other must lose. Both parties nor—
mally never agree with one another, the landowners want their
adjoining property to remain vacant or to be developed at a
lower density; the developers attempt to make profit by
developing a higher density at a lower expense. The rules
of zoning do not allow the decision makers to compromise

between the property owner and the developer.

Recently, performance zoning has been introduced in
the United States; its major function is to solve the above
shortcomings of conventional zoning that have failed to

protect the environment.

Many constraints such as size, shape, and natural
features of a site may limit its development potential both
for conventional and performance zoning. Therefore, these
variables should be investigated for their subsequent effects

on zoning.4

 

4Kendig, Lane, ”Performance Zoning.‘I 1980, p. 14—18.

Size:

Obviously, the size of the site affects its develOp—
ment. Particularly, a smaller site is more difficult to
develop because the smaller the site, the lower the density
that can be utilized. Furthermore, the minimum ordinance
requirements for street frontage and lot area may not be

provided effectively and efficiently.

Shape:

An irregularly shaped site has a significant impact
on how efficiently it may be utilized. For example, the
circulation system around an irregularly shaped site is very
difficult to design and as a result, this may lead to a
wasteful lotting arrangement. Inevitably, odd, irregular,

or oversized lot sites may happen.

Natural Resources:

Natural resources or limitations such as floodplains
and wetlands may dramatically alter the development potential
of a site. Floodplains and wetlands, if existing in any site,
have the potential of reducing the developable area of a site.
Furthermore, the location of these resources on a site may
create an irregular shape with unusable corners and sites
with difficult access. As a result, a reduction of density
and an increase in street length per dwelling unit cannot be

avoided.

It should be noted that conventional zoning is based
on a rigid system. It rigidly requires a minimum lot size
for each zoning district. In order to maximize density or
profit, the developer often designs the site by laying out
a row of minimum sized lots along one property line. Then
this process is repeated and streets are inserted between
lots until the site is filled. This technique is sometimes,
called a ”cookie—cutter design" which results in uneconomical
layout and waste when a portion of a site does not fit into
these inflexible standards. Finally, the conventional tech-
nique always ignores natural features or limitations of the
land, because it is the nature of developers to maximize the
number of lots in the development site. For example, natural
resources such as floodplains or wetlands are often filled

so that thay may be converted into buildable lots.

But the performance zoning approach, is based on
flexibility, creativity, and rationality. This approach
rather than using a fixed minimum lot size for the site, it
sets the parameters of how and where development can be per—
mitted. Site analysis of natural features such as topography,
drainage, view, amenity, access, climate, and vegetation will
be explored in the performance approach in order to determine
areas that are best suited for certain uses and to develop
major circulation systems around the site. In addition,

performance zoning enables the landowners to work within the

constraints of the site and to buffer adjoining roads and
uses; it provides the necessary environmental protection

for the community without destroying the developer's profit.5

When utilizing a conventional zoning ordinance, a
landowner or a developer usually refers to the zoning map
to determine what district his property is situated in and
secondly refers to the “uses permitted" section of the
ordinance to find whether or not what he is considering is
permissible. Next, the landowner or developer would refer
to the ”yard" and ”lot” requirements for development in the
specific district. Unfortunately, this system imposes such
requirements without being concerned with characteristics
of the particular site or land. Natural features, such as
environmental limitations and adjoining land uses and their

interaction with the proposed use, are disregarded.

Utilizing the performance zoning approach will not
change the activities of the above sequence, both landowner
and developer still need to refer to the zoning map and list
of uses. However, the range of deve10pment options within
the planned zone is much greater. The performance zoning

approach then applies site specific orientation which is

lacking in traditional zoning practices. 'The natural

 

5Lynch, Kevin and Hack, Gary. ”Site Planning." 1984
p. 15-21.

constraints of the site are considered; an assessment of
land use “intensity" is determined; and provisions to reduce

or compensate for this ”intensity'I are then applied.

There are four basic standards : open space ratio,
impervious surface ratio, density ratio and floor area ratio
are normally found in most performance zoning ordinances,
including Bath Township zoning ordinance which will be dis-
cussed later on. The first two standards can apply to every
land use, while density is applicable only to residential
uses. For nonresidential uses such as commercial and indus—
trial, the floor area factor is applied, in terms of density.
The following sections will discuss these standards or vari—-

ables in detail.
Open Space Ratio

The Open space ratio is the proportion of a site
consisting of required open space which can be calculated
by dividing the area of open space by the gross site area.
Roads and drives may be included in the required open space;
however, open space cannot include parking areas. The pur—
pose of the open space ratio is twofold: it protects natural

. . 6
resources, and prov1des recreational areas.

 

6Op cit, Kendig, Lane. p. 26.

The major purpose of land use planning is to protect
the environment. The open space ratio enables performance
zoning to preserve natural features. Conventional zoning
has failed to preserve open space effectively because its
standards of minimum lot size are rigid. Its standard
minimum requirement finally creates intensively used areas

which are unable to protect natural resources.

As the number of population increases, residents
of a community need more areas for recreation. A minimum
open space ratio ensures that the required open space areas

are sufficient for all residents of the community.
Impervious Surface Ratio

The impervious surface ratio is the proportion of
a site occupied by impervious surfaces, which can be cal—
culated by dividing areas of impervious surface by the gross
site area. Impervious surface areas which do not absorb
rain or water, include all buildings, roads, sidewalks,
tennis courts, parking areas and any area paved in concrete
or asphalt. For conventional zoning, the building coverage
is often used to limit the intensity of use, but this is a
poor technique for controlling impervious surface ares

because it often underestimates such coverage.

Impervious surfaces have a significant impact on the

natural environment, for instance impervious surface cause

an increase in storm water runoff and many other related
adverse environmental effects. The increase in runoff leads
to flooding, and increased water pollution. Furthermore, a
large impervious surface can disturb the underground water
table by drastically reducing the amount of rainfall avai—
lable to recharge the aquifers which create water supplies.
Finally, impervious surfaces create more heat during the

summer, which may endanger health conditions.

Density

Density is a measure of the number of dwelling units
per acre of a residential district. It can be calculated
by dividing the number of dwelling units by the gross site
area. In conventional zoning, after a decision has been made,
then a certain used is assigned numerical measurements for
the size of the lot where any structure can be located, and
how tall it can be. This technique does not provide variety
of design, usable open space, or flexibility of arrangement,
because most develOpers are often aware of the minimum lot

. . 7
Size requirement.

Performance zoning was established to overcome the

above problems. The idea is to determine through future

 

7Herbert, H. Smith. "The Citizen's Guide to Zoing."
1983, p. 181-182.

land—use planning the total number of dwelling units the
community can handle for a specified area and desired density.
This technique uses the term ”density factor" which is the
measure of the number of dwelling units per acre of net
developable area, rather than "gross density” (the number

of dwelling units of the entire site. The density factor is
a tool to protect physical and natural features of the

community.
Floor Area Ratio

The Floor area ratio is the density of nonresidential
. land use measured as a ratio, derived by dividing the total
floor area by the gross site area. It shows the difference
between the total floor area of a building and the total

area of its site. Floor area is not only the total base area
of the building or structure in the zoned development area.
It is a measure of the impact of nonresidential uses, which

may affect adjoing uses or entire communities.

In summary, conventional zoning is based on minimum
lot size to protect the environment which is very difficult
to accomplish. Practically, the conventional approach has
failed to protect natural resources; for example, with
floodplains. Conventional zoning either prohibits develop—
ment or allows filling, which destroys the floodplain.
Therefore, lot size is not effective in solving environmental

problems.

In the past, the conventional approach has not been
achieved with respect to natural resource protection, because
the developer will seek to maximize intensity in order to
maximize his/her profit. The theory of this approach is
simply that the more natural limitations a site has, the
larger the lot requirement should be in order to reduce the
damage done by roads, buildings, and utilities. Also denser
lots should be permitted in the site that has fewer environ—

mental limitions.

Performance zoning is based on the use of a density
factor which can only be applied to buildable areas. The
intensity of use on any piece of buildable land within a
zoning district relies on formulations, and is held constant,
although the gross density may vary depending on the charac-
teristics of certain property. The major concern of perfor-
mance zoning is to protect natural resources by specifying
developable lands on a resource-by-resource basis. For
example, wetlands and floodplains or any other natural limi—
tations should not be distroyed, while some less sensitive

features may be compromised.

The performance approach seeks to permit maximum
development and at the same time to protect resources by
requiring a site capacity rather than a lot capacity analysis
of developmental constraints. By setting a maximum use

intensity (density factor) on the buildable area of a site,

this technique eliminates conflict between that portion of
the site and less densely developed surrounding property.
It is a rational approach which often relies on the physical

characteristics of the site.

Part II

Bath Township Zoning Ordinance

(performance zoning)

Bath Township Zoning Ordinance

The Bath township zoning ordinance includes both
conventional zoning and performance zoning. For this parti—
cular study, this section is devoted to performance standards

of the ordinance.

By its nature, traditional zoning forces confronta—
tion between landowners and the public interest, or landowners
against each other. Because of these problems, the ordinance
has devised technical solutions which minimize the conflicts
often forced by traditional zoning. Traditional ordinances
do not take fairness and rationality into account. For
example, if the ordinance permits a use, the surrounding,
existing landowners are unprotected from any of its adverse
impacts. The Bath township ordinance has been designed to
protect and accommodate both competing interests. Every
effort has been made to make uses a matter of right subject
to performance standards capable of reducing the number of

times that case—by—case decisions need to be made.
Whv performance zoning?

Many townships are concerned about the loss of farm
land, overdevelopment of highway interchanges, and rapid
growth. Even normal growth may cause problem if the growth
without good planning. Community planning and land use
management are essential to insure effective community

development.

Some land uses are incompatible when compared to
other land uses and may create negative consequences on
.adjoining uses. This may happen if residential districts
adjoin uses that create a large amount of noise, dust, smoke,
or orders. Performance zoning seeks to establish a land
use pattern based upon flexibility and rationality. An
appropriate balance of various land uses within the township
is typically sought. Similary, considering land uses with
similar needs or direct relationships helps maximize effi-
ciency and minimize conflicts, while protecting land values,

amenities and reducing public service costs.

Performance zoning can help preserve property values
by preventing undersirable land uses. It can also prevent
adverse social and economic impacts of new developments from
effecting existing developments. Performance zoning can
control the density of open space and preserve natural

resources in order to protect the environment of communities.
Performance Criteria

For traditional zoning, a landowner considering some
type of develOpment would first check the zoning map to see
what district his/her property is located in and then look
at the section of the ordinance to find out which uses are
permitted in that district to determine if what he was con—
sidering is allowed. Next the landowner would refer to the

the site standards for the district to determine the lot and

yard requirements for the district. The technique imposes
such requirements without refering to the characteristics of
the particular site. Major concerns such as natural resources,

and surrounding land uses are typically ignored.

Bath township's performance approach still has the
initial activities of the above sequences. The landowner
needs to refer to the zoning map and list of uses. However,
there are many options particularly in the development and
village core districts. The performance approach seeks to
solve the site specific orientation existing in conventional
zoning. The natural constraints of the site are considered,
an intensity of the site is taken into account and provisions

to reduce or compensate for this intensity are applied.

Under performance zoning the landowner has the choice
of determining at what point the increased intensity is no

longer worth the increased performance required.

Each zoning district has a list of site development
standards which provide the framework of lot and yard
requirements. Performance criteria provide further, detailed
regulations and restrictions in order to protect neighboring
uses from possible adverse impacts of any use. Flexibility
is a major goal of this ordinance and these performance
standards provide a wider range of development opportunities

and locational options while still protecting neighboring

-18...

land uses and the general health, safety and welfare of the

township.

District Performance Standards

Section 14.03 of the zoning ordinance presents the
basic criteria which apply to various land uses in the
zoning districts. These standards are used in dertermining
the intensity of use to be permitted on a specific piece of
land. The basic factors considered in determining site
capacity are base site area, building floor area and required
open space. The base site area of a parcel is the gross area
of the site excluding land necessary for rights of way and
easements, and land for required bufferyards. The allowed
building floor area is determined by multiplying the base
site area by the floor area ratio for the district found in
section 14.03 of the ordinance. This ratio is an intensity
measure controlling the amount of building floor area per—
mitted on the lot. Required open space is also determined
by applying a ratio from section 14.03 to the base site area.
This open space may include roads and drives built on the
site; however, open space land cannot be used for parking

lots.

Bufferyards

Theoretically, in traditional zoning, a community

shall be divided into districts which contain compatible uses.

Those uses allowed in each district would have similar
characteristics such as intensity and negative impacts.

Those uses within the individual districts, therefore would
be protected. In practice, almost all different type of uses
are located next to one another without sufficient protection.
Under the performance approach, bufferyards use both distance

and plant materials to lessen negative impacts.

The bufferyard is a required strip of yard or open
space, together with plant materials, barriers or fences,
designed to lessen the impact between neighboring land uses.
By using both distance and landscaping, potential nuisances
such as noise, dust, unsightly views and so on, can be
minimized. The bufferyard requirements are stated in terms
of the width of the bufferyard and the number and types of

plant materials.

The bufferyard requirements are very flexible. A
single standard applied to all circumstances might not
function well or might impose unnecessary costs on the
developer. A variety of solutions are allowed depending
upon the characteristics of the proposal and the adjoining
uses involved. It is the intent of this ordinance to provide
flexibility to the developer or landowner depending on four
basic elements: distance,plant material types, plant material

density and structural or land forms.

Nonconforming uses.

This zoning ordinance has been designed to permit
the lawful continuance of any building or land existing at
the effective date of the ordinance, even though it may not
conform with the provisions of the ordinance. It is recog-
nized that nonconformities which have negative impacts upon
the adjoining development and the value of neighboring
property should not be permitted to continue without res-
triction. The continued existance of nonconformities is
frequently inconsistent with the purposes for which the
zoning ordinance was established and their gradual elimina-
tion is generally desirable. However, the zoning regulations
permit nonconformities to continue without a specific limi-
tation of time but are intended to restrict further invest-

ment which would make them more permanent.

Part III

Environmental Protection

Environmental Protection
Environmentally Sensitive Areas

Recently, many interested people and the U.S.
Environmental Protection Agency have paid much attention to
environmental problems in the United States. The necessity
of governmental involvement in environmentally sensitive
land comes from the recongition of the value of land resources.
The destruction of environmentally sensitive areas can mean
not only the possible loss of environmental values, but also
loss to the social and economic welfare of a community. The
destruction of environmentally sensitive areas, will immedia—
tely effect a community by either (1) creating hazards such
as flooding (2) destroying natural resources such as wetland,
groundwater, and the quality of lakes and rivers, or
(3) wasting productive or valuable lands and renewable
resources.8 The costs of not protecting these areas can be
high. In the private sector, costs may include the reduction
of property value or the actual destruction. In the public
sector, the cost of environmental neglect may reduce water

quality or raise the cost of storm and sewer installations.

The protection of these land areas, however, may

involve public costs and benefits which are inadequately

 

8Planning Advisory Service, Environmental Problems
#328 p. 16—19.

_ 22 _

considered by the private sector. Wisely, communities should
turn to their police power to make sure a balance, between
the public interest:- the health, safety, and welfare of the
community and the private interest:— the landowener's desires

to use his property, is maintained.

There are four common problems for environmentally
sensitive areas: watersheds of streams and creeks, aquifers,
wetlands and hillsides. These areas provide important public
benefits because of their physical and ecological functions.
While each of these land types has its own functions and
benefits, the common characteristic of all four areas is a
sources of water. The wise use of these areas will help
preserve the natural flow of clean groundwater, the unwise

use will result in more contaminated groundwater.

The public need to preserve these areas involve
land—use controls which includes many traditional public
objectives: (1) the reduction of the risk of flooding and
drought; (2) the prevention of erosion, runoff and water
pollution, and (3) the reduction of the danger of contaminated
water supplies. All of these are long term public objectives
which can be helped by governmental involvement in land—use

decisions.

The methods to preserve these areas are also common.

Most are zoning ordinances which define a special district or

_ 23 _

an overlay district. They establish a list of permitted
uses,prohibited uses, and special uses on conditional use
procedures. Where permits are required, the ordinances are
reviewed by the planning agency and other related agencies,

with final authority falling in the legislative body.9

These ordinances shift land use controls from what
is on the land to howtflmaland functions. These ordinances
are not designed to specify the use of the land. Instead
they guarantee how the land perform while the land is used
no matter what the use. Generally, this change of zoning
ordinance shifts from detailed specifications concerning

site requirements to performance standards.

Detailed specifications are often inadequate for
this land area, and also differ from the purpose of the
ordinances. They are inadequate because the functions of
these areas are often highly localized. Only one category,
the functions will vary from site to site depending on local
conditions. Consequently, there is no appropriate method

for treating these areas.

Because of the shortcoming of detailed specifications

modern ordinances have moved toward performance standards.

 

9Bair H. Frederick, "Special Public Interest District”.

Planning Advisory Service, Report No. 287 January 1973, p. 3.

-24..

The community establishs the way it wants the land to perform
and then allows the developer to select his own method to
meet these standards.‘ Then each proposed development is
judged as to whether or not it meets the performance stan—
dards outlined in the ordinance. The alternative to per—
formance standards method is environmental performance stan-
dards. In this case, the community sets a specific, measu—
rable level at which the key functions of the sensitive area
must operate, then the developer must show that this develop-

ment will meet these standards.10

Environmental Performance Standards

The use of specification standards to make develop—
ment more compatible with environmental features is necessary,
however; it is essential to move away from specification
standard toward performance standards. Zoning ordinances
normally mandate what kind of a use is to be implemented for
each area. However, a zoning ordinance using performance
standards will indicate how the use should perform, in terms

of traffic congestion and other factors.

The development of performance controls for land use

has two levels of regulation. The communities have maintained

 

10Thurow Charles, "Performance Control for Sensitive

Lands" Planning Advisory Service, Report No. 307, 308.

traditional zoning with a designation of permitted and
prohibitted uses, but add another level of regulation through
special use provisions. Under these provisions, a landowner
may use his land for uses other than outlined in the ordinance
if he meets environmental performance standards. The land—
owner is allowed to do anything on his land if he can show

that it will not adversely affect natural resources.

Environmental performance standares are typically
used as general regulations for all developments, and
provided the most important methods of controls for resource
management and protection. All the environmentally sensitive
areas can benefit substantially from controlling development
effects. The reason to maintain or preserve these sensitive
areas is to maintain water quality and reduce the risks of

increased runoff.ll

Finally environmental performance standard regulations
need not completely be like performance standards. In this
case, a community creates a performance level for the land-
owner's use of the land, but in environmental performance
standards attempt to preserve or maintain a performance of
the land already there. In addition, the environmental
performance standards greatly improve the equity of environ—

mental controls. For example, in the past we attempted to

 

11Ibid., p. 96.

_ 25 _

stabilize or improve water quality by requiring major pollu—
tors to clean up without requiring other land users to do
the same. Under environmental performance standards, each
land users must share the same process of protection natural

resources in proportion to the problems he creates.

Conclusion

This report has provide an idea of zoning. The major
purpose of zoning is to provide protection from the misuse
or overcrowding of the land. Although conventional zoning
attempts to insure proper land use of a community, it has
failed to protect and preserve natural resources such as

wetlands of floodplains.

Conventional zoning has four shortcomings in terms
of protecting the environment and natural resources. First,
a rigid system of zoning lacks flexibility. Secondly, zoning
is based on a faulty premises. Thirdly, zoning is too general
and irrational because it depends too much on a comprehensive
plan. Lastly, zoning in nature lacks a negative feedback
mechanism. Therefore, mistakes happen from time to time as
zoning regulations are changed to respond to future develop—

ments.

Recently, performance zoning was establish to solve
the problems of traditional zoning. This technique is based
upon flexibility, creativity, and rationality. Its major
purpose is to protect the environment and natural features
of a site. Nevertheless, many constraints such as size,
shape, and natural features of a site may limit to development
potential under both conventional and performance zoning.

Therefore, we should carefully consider these certain

_ 28 _

variables before make any development decision.

Bath Township Ordinance is given as an,example of
performance zoning. The Bath Township Ordinance has been
designed to solve technical problems which minimize the
conflicts often caused by traditional zoning. In addition,
this ordinance attempts to protect and accommodate both
developers and public interests. Every effort is subject
to performance standards capable of shortening the decision

making process.

Under section 14.03 of the zoning ordinance, the
basic criteria which apply to various land uses in the zoning
districts is outlined. These standards are used in determi—
ning the intensity of use to be permitted on a specific
piece of land. The basic factors in determining site capacity
are base site area, building floor area and the required Open

Space.

For performance zoning, the bufferyard is used to
protect adverse impacts of individual districts from adjoining
land uses. Under this approach, bufferyards uses both distance
and plant materials to lessen negative impacts. The buffer—
yard requirements are very flexible. A variety of solutions
are imposed depending upon the characteristics of the proposal

and the neighboring uses involved.

_ 29 _

Environmental problems have become a major concern
in the United States. In order to preserve the value of
land resources, the necessity of governmental involvement
in environmentally sensitive areas can not be avoided. The
common problems of environmentally sensitive areas include
the preservation of watersheds of streams and creeks,
aquifers, wetlands and hillsides. These areas are important
for the public because of their physcial and ecological

functions.

The public objectives to preserve these areas are to
reduce the risk of flooding and drought; prevent erosion,
runoff and water pollution; and reduce the danger of contami-
nated water supplies. Zoning ordinance is the most important
method to preserve and manage these areas. These ordinances
shift land use centrols from what is on the land to how the

land is performed.

Detailed specifications are often inadequate for
these land areas, therefore modern ordinances have moved
toward performance standards. Under the performance approach,
the community sets down how the land is performed, and then
allows the developer to use his own technique to meet these
criteria. The alternative to this method is environmental
performance standards. Basically, this is the same technique
as performance standards, but the community must set a speci—

fic measurable level of sensitive areas when it is performed,

-30..

then the developer must meet these standards. The major
purpose of environmental standards is to preserve and
maintain natural resources, including environmentally
sensitive areas. As a result, the risks of a contaminated

water supply and increased runoffs are reduced.

 

BIBLIOGRAPHY

Bakery, Jonatha. ”Runaway Zoning”. The Vancover Sun,
March 9, 1978.

Bair, H. Frederick. ”Special Public Interest Districts."
Planning Advisory, Report No. 287, Jan., 1973.

Bath Township Zoning Ordinance, Bath Township Department
of Planning, Bath Township, Michigan, 1982.

Kendig, Lane. ”Performance Zoning.” Washington, D.C., :
Planners Press, 1980.

Krasnowieki, Jan I. ”The Basic System of Land Use Control:
Legislative Preregulation V. Administrative
Discretion. ”New York : Praeger Publishers, 1970.

Lynch, Kevin and Hack, Gary. ”Site Planning.” Cambridge,
Mass.” The MIT Press, 1984.

Meshenberg, J. Micheal.” The Administration of Flexible
Zoning Techniques.” Planning Advisory Service, Report
(No. 318.

Planning Advisory Service, ”Environmental Problems.” Report
No. 328.

Smith, H. Herbert. ”The Citizen's Guide to Zoning." Chicago:
Planners Press, 1983.

Thurow, Charles. "Performance Control for Sensitive Lands.”
Planning Advisory Service, Report No. 307, 308.

Weaver, L. Clifford and Badcock, F. Richard. "City Zoning:
The Once and Future Frontier.” Chicago : Planners

Press, 1978.

_ 32 -

Woolfe, Donald. "Zoning is Doing In” Practicing Planner,

June 1970.

 

'(‘tyéngibbspi'g pa .1ch «(wanna-9- In!" -- - ; I»

II.
‘.
.‘ .
.
\ .‘
, .
a ' " .
'» ‘1 . .
. . .
.- v -I
.......
- -._
. . ‘
‘ ‘ . \ \-
_ .
'I ~ '.7 ',-
' I. 2 .
“ .5 .h
' n o
. . _
. - y.
‘ o . .
( ’O . . 7
' ’, .‘ ‘ .-
' I v
’ V ..... .
v . ~f~. I
0 .- '-. _
c I_ ‘V
l b
- . a.
‘ Q
‘ ‘
. .'.‘_ V
V. - '. u.
'x .
~ I

LIBRARIE

Ilillllllilliilllil|l|l||lIIIIHIIIIIIIIIII

IHHII

 

31293 02656 9024

 

_-“-— _ - 1

n-A__ -f -