If a decision would have a direct, substantial, readily-identifiable financial impact on a member, that member must not vote on a legislative zoning decision. The member may participate in the discussion, but not the vote. This rule applies to both the city council and the planning board. Unlike a quasi-judicial decision, there is no limit on ex parte communication. Members who are voting do not need to be impartial. For more details on legal issues related to conflicts of interest, click . Factors in Decision There are a variety of factors that are legitimate considerations in making a decision on a proposed zoning amendment. The primary considerations are generally the potential land use impacts on the landowner, the neighbors, and the public. Factors such as the suitability of site for the proposed use, impacts on traffic, the environment, neighborhood character, utilities, schools, and the like are usual and legitimate considerations. Consistency with applicable plans and policies and consistency with prior decisions should also be considered. There are several factors that may not be a part of the decision. These include particular conditions that are not part of requirements for the zone, the ethnicity, religion, income, or of residents of the proposed project, and whether the project “character” would be owner-occupied. Voting When voting on a zoning amendment, a simple majority of the governing board is required for adoption. The usual city rule is that if a member is present and does not vote without being excused, that counts as an affirmative vote. That rule does not apply to votes on proposed zoning amendments. An amendment must receive actual affirmative votes from a majority of the entire membership of the board that is eligible to vote. Reconsideration There is no statutory or constitutional limit on reconsideration of a legislative zoning decision. Many local ordinances provide that once a decision is made on a rezoning proposal, no other zoning petitions affecting that property can be considered for a specified time (often six months or a year). The ordinance specifies what triggers a waiting period it may be a hearing on a rezoning for that parcel, defeat of a rezoning, or – some other defined point in the zoning amendment process. If placed in the ordinance, such a wait period is mandatory. For more details on legal issues related to need for rehearings, click . For more on general rules for voting, click .
If a decision would have a direct, substantial, readily-identifiable financial impact on a member, that member must not vote on a legislative zoning decision. The member may participate in the discussion, but not the vote. This rule applies to both the city council and the planning board. Unlike a quasi-judicial decision, there is no limit on ex parte communication. Members who are voting do not need to be impartial. For more details on legal issues related to conflicts of interest, click . Factors in Decision There are a variety of factors that are legitimate considerations in making a decision on a proposed zoning amendment. The primary considerations are generally the potential land use impacts on the landowner, the neighbors, and the public. Factors such as the suitability of site for the proposed use, impacts on traffic, the environment, neighborhood character, utilities, schools, and the like are usual and legitimate considerations. Consistency with applicable plans and policies and consistency with prior decisions should also be considered. There are several factors that may not be a part of the decision. These include particular conditions that are not part of requirements for the zone, the ethnicity, religion, income, or “character” of residents of the proposed project, and whether the project would be owner-occupied. Voting When voting on a zoning amendment, a simple majority of the governing board is required for adoption. The usual city rule is that if a member is present and does not vote without being excused, that counts as an affirmative vote. That rule does not apply to votes on proposed zoning amendments. An amendment must receive actual affirmative votes from a majority of the entire membership of the board that is eligible to vote. Reconsideration There is no statutory or constitutional limit on reconsideration of a legislative zoning decision. Many local ordinances provide that once a decision is made on a rezoning proposal, no other zoning petitions affecting that property can be considered for a specified time (often six months or a year). The ordinance specifies what triggers a waiting period – it may be a hearing on a rezoning for that parcel, defeat of a rezoning, or some other defined point in the zoning amendment process. If placed in the ordinance, such a wait period is mandatory. For more details on legal issues related to need for rehearings, click . For more on general rules for voting, click .
Zoning%20Practice-2018-Legislative%20Decisions-Process.docx