NCJ Number
58525
Date Published
1979
Length
57 pages
Annotation
SOURCES OF CORRUPTION IN THE THEORY AND PRACTICE OF ZONING ARE EXAMINED, AND SUGGESTIONS FOR REFORM ARE DISCUSSED IN THIS FOURTH VOLUME OF A SERIES DEALING WITH CORRUPTION IN LAND USE AND BUILDING REGULATIONS.
Abstract
CURRENT ZONING PRACTICE IS BASED ON THE RELATIVELY RIGID EUCLIDEAN SYSTEM, ESTABLISHED DURING THE EARLY YEARS OF THE CENTURY, TO PRESCRIBE LAND USES AND DENSITY REGULATIONS IN ADVANCE OF LAND DEVELOPMENT. TO ADD FLEXIBILITY TO THIS SYSTEM, THREE STANDARD ZONING TECHNIQUES HAVE BEEN INTRODUCED OVER THE YEARS--PARCEL REZONING, VARIANCES, AND SPECIAL USE PERMITS. IN ADDITION TO THESE TRADITIONAL MEANS OF ADJUSTING EUCLIDEAN ZONING, THE NEWER TECHNIQUES OF PERFORMANCE STANDARDS ZONING, INCENTIVE ZONING, AND NEGOTIATED ZONING OPERATE SIMULTANEOUSLY WITH THE EUCLIDEAN SYSTEM AND TEND TO INCREASE THE DISCRETIONARY POWER OF THE INDIVIDUALS ADMINISTERING THEM. ALTHOUGH THESE DISCRETIONARY JUDGMENTS ARE OFTEN BLAMED FOR CORRUPT PRACTICES, MORE FUNDAMENTAL PROBLEMS INVOLVE SECRECY AND LACK OF ACCOUNTABILITY, INCREASING COMPLEXITY OF ADMINISTRATION, LACK OF STANDARDS, AND LAND SPECULATION. SPECIFIC PROPOSALS FOR REFORM TO MEET EACH OF THESE PROBLEMS ARE DISCUSSED. FOR EXAMPLE, SORTING OUT AND SEPARATING LEGISLATIVE AND ADMINISTRATIVE ROLES RELATED TO REZONING, AS SUGGESTED IN FASANO V. WASHINGTON (1973), CAN PROVIDE THE NECESSARY ACCOUNTABILITY; AND THE INSTITUTION OF GOOD MANAGEMENT PRACTICES CAN RELIEVE THE LENGTHY PROCEDURES AND ASSIST INEXPERIENCED PERSONNEL TO ADMINISTER LAND USE DECISIONS. FINALLY, PUBLIC SCRUTINY AND PUBLIC PARTICIPATION APPEAR TO BE THE BEST PROTECTION AGAINST CORRUPTION. REFERENCE NOTES ARE PROVIDED.