Citizen’s Planning Academy

September 18, 2008

 Introductions and Welcome
• Introduction of Staff
• Introduction of Citizens
• Introduction of Commission Chairpersons
About Your Fellow Students
 Class Schedule
• September 18, 2008 (Introduction/Planning
History)
• September 25, 2008 (Regulatory/Long
Range Planning)
• October 9, 2008 (Planning Commission
Meeting)
• October 16, 2008 (Mock Planning
Commission)
• October 30, 2008 (University/City Relations)
• November 6, 2008 (Guest Speakers)
 What Is Planning
• Open discussion
 What Is Planning
• Open discussion
Specialized Field’s for Planners
· Urban design
· Landscape design and management
· Impact assessment
· Community planning
· Cultural planning
· Heritage protection and management
· Transport planning
· Development planning
· Urban, regional and rural development
· Management of agricultural and rural areas
· Park planning and design
· Nature conservation and management
· Environmental management
· Tourism planning
· Local economic development
Planning Powers and Legal
Authority
 The Police Power
The police power is the right of a
government to take such actions
as are deemed necessary to
protect, preserve, and enhance
the public safety, health, and
welfare.
 The Developmental Potential
of the Police Power
Constructive use of the police power
allows
a city to be…
 Proactive: to address current
problems
 Preventive: to act now to avoid
future problems
 Prospective: to plan and act to
achieve future goals
 The Police Power
Common examples of Police Power
include:
• Safety Regulations
• Vice Laws
• Traffic Laws
• Real Property Regulations
– Zoning
– Subdivision Controls
– Building Codes
 The Constitutional Basis for
Exercising the Police Power

Federal Constitution
State Constitution
Common Law Statutory Law
case law which creates precedents legislation that defines the
that over time form the basis for mandatory and discretionary
powers of local governments

LEGAL PRINCIPLES ENABLING

LEGISLATION
MUNICIPAL PLANS AND REGULATIONS THAT INFLUENCE
THE USE OF PROPERTY
 Constitutional Basis for
Municipal Planning

Bill of Rights 10th Amendment

• The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
Local governments derive their authority to plan
and regulate from the delegation of the police
power.
 Famous Court Cases
• Village of Euclid v. Ambler Realty
– Establishes zoning as a valid police power of local
governments
• Pennsylvania Coal Co. v. Mahon
– Regulation of land use might be a taking of property
• Penn Central Transportation Co. v. City of New York
– Established historic preservation as a valid use
• Tennessee Valley Authority v. Hill
– Created the modern Endangered Species Act to protect the
Snail Darter
• Nollan v. California Coastal Commission,
• Dolan v. City of Tigard,
– Land use regulations must be related to a public interest
(Nollan) and should be “roughly proportionate” between the
development impact and conditions (Dolan)
• Kelo v. New Loundon
Alabama Planning Enabling Legislation

An act allowing cities to adopt zoning

regulations was passed by the legislature in
1923. This provision was incorporated into the
general legislation in 1935.
Largely based on the Standard State Zoning
Enabling Act published by the U.S. Department
of Commerce
Articles 1, 2, 3, and 4 were adopted in 1935 and
codified as Title 37, Chapter 16, Code of
Alabama, 1940.
Title 37, Chapter 16, was re-codified as Title 11,
Chapter 52, Code of Alabama, 1975.
Code of Alabama, 1975, as Amended
Title 11
Counties and Municipal Corporations
Chapter 52
Planning, Zoning, and Subdivisions

Article 1. General Provisions

Sections 11-52-1 through 11-52-15

Article 2. Control of Subdivisions

Sections 11-52-30 through 11-52-36

Article 4. Zoning
Sections 11-52-70 through 11-52-84
 Section 11-52-2
A city is authorized to formulate, adopt, and
implement a municipal plan.
A city is authorized to create and empower
a planning commission.

Source: www.pedbikeimages.org
Section 11-52-70
A city may divide the territory within its
corporate boundary into business,
industrial and residential zones.
A city may regulate the use of
structures and improvements in such
zones.
A city may from time to time adjust the
boundaries of the zones.
These powers are implemented
through appropriate ordinances.
 Section 11-52-71 DD-H

LA KEVIEW DR
The number, shape and area of zoning DD

districts may be determined as best to carry

out the purpose of the ordinance. NC-8

E MAGNOLIA AV

LA
Within each district the city may

KE
SH
CONE ST
regulate and restrict the erection,

OR
NC-8 NC-8 NC-8
NC-15

construction, reconstruction, MCKINL EY AV

NC-8

EASTWO OD ST
alteration or repair of structures
NC-8 NC-8
C AR TER S
T

GREE N ST
NC-5
or land. NC-8
ALAN AV

NC-8 NC-5
NC-15

Regulations shall be uniform among NC-5 NC-15

specified uses within each type of district.

NC-5 NC-5 NC-15
OLD MILL RD

Regulations may differ among the various

types of districts.
 Section 11-52-73 Source: www.pedbikeimages.org

The Council is
empowered to regulate
and restrict the height
and size of buildings and

Source: www.pedbikeimages.org
other structures, the
percentage of lots that
may be occupied, the
size of yards and other
open spaces, the density
of population, and the
location and use of
buildings and structures.
Source: www.pedbikeimages.org
 Section 11-52-77
Adoption of zoning regulations must
comply with the statutory procedures
for the adoption of ordinances.
No ordinance shall become effective
until a public hearing has been held at
which parties at interest and citizens
have had an opportunity to be heard.
 Section 11-52-1

A subdivision is the division of a lot, tract, or

parcel of land into two or more lots, plats, sites
or other divisions for the purpose, immediate or
future, of sale or development.
 Section 11-52-30
The territorial jurisdiction for a Planning Commission for
subdivisions shall include the land within the corporate
boundary plus all land within five miles of such
boundary.
No subdivision plat shall be recorded, and no property
referenced to such plat shall be sold, until it has been
approved by the County Engineer.
If there is a conflict between the regulations of the city
and those of the county, the most restrictive of the
regulations must be applied.
 Section 11-52-31
The Commission shall adopt and administer regulations
governing the subdivision of land within its jurisdiction.
Such regulations may establish standards for the design of
the layout of the subdivision and for the installation of
improvements.
Such regulations shall be adopted as if they were an
ordinance.
A copy of the adopted regulations shall be certified to the
Probate Judge.
 Section 11-52-31 (Continued)
The approval process may require prior submission of a
preliminary plat. Approval of such plat is tentative and
revocable.
Following final approval of a plat the commission may
accept a bond in lieu of completion of all improvements.
Such bond is secured to the city and can be enforced by
all legal and equitable remedies.
 Boards and Commissions
• Planning Commission
• Board of Zoning Adjustment
• Historic Preservation Commission
 Planning Commission
The municipal Planning Commission consists of
nine members.
The Mayor shall serve or appoint a representative
on the commission.
The term of each appointed member is six years.
The terms are staggered to maintain institutional
knowledge.
All members of the commission serve without
compensation.
 Planning Commission
Regulated by Section 11-52-15 of the
Code of Alabama
The Mayor appoints eight citizens to the
Commission subject to Council approval.
Other than the mayor, no other elected
official shall serve upon the Commission.
No employee of the city shall serve upon
the Commission.
 Duties of the Planning
Commission
• The Planning Commission, in cooperation with the Planning Director and
staff, shall study land use and development trends, collect data and analyze
such information with regard to future development of the City of Auburn.

• The Planning Commission shall study and report on all proposed

amendments to the text of this Ordinance referred to it by the City Council.
When reviewing any such proposed amendments, the Planning Commission
shall, within 45 days of receipt of same from the Planning Director, submit its
recommendations and findings to the City Council.

• The Planning Commission shall study and report on all proposed

amendments to the Official Zoning Map, the procedure for which is
contained in Section 906 of this Article.

4. The Planning Commission shall review and approve, or approve with

conditions, all site plans submitted to it by the Planning Director in
accordance with Section 802.
 Duties of the Planning
Commission
• The Planning Commission shall hear all applications for conditional use permits and
shall make a report and recommendation to the City Council in accordance with
Section 803.

• The Planning Commission shall cause the posting of notice in the form of a sign on
property that is subject to a public hearing for conditional use permit or rezoning.

• The Planning Commission shall review the character, location, and extent of any street,
square, park or other public way, ground or open space or public building or structure
or major utility project whether publicly or privately owned, in accordance with Section
11-52-11 of the Code of Alabama of 1975, as amended.

• The Planning Commission shall analyze the extent to which development has occurred
in Auburn as compared to the projected growth and make recommendations for change
to the future land use plan and the zoning map of the City of Auburn, as needed, to
accommodate the expected 20 year growth of Auburn for residential, industrial,
commercial, and other land uses.

9. The Planning Commission shall analyze the continued validity of any other regulations
imposed by this Ordinance in terms of changing conditions.
Planning Decisions and Responsibilities

Related to the Zoning Ordinance

Responsibility
Action Planning Board of Zoning
Staff City Council
Commission Adjustment
Hold Public Hearing
Consider Text Recommend to Planning Hold Public Hearing
Recommend to City
Amendment Commission Make Decision
Council

Consider Map Recommend to Planning Hold Public Hearing

Amendment Commission Make Decision

Consider Permitted
Make Decision
Uses

Hold Public Hearing

Consider Conditional Recommend to Planning Hold Public Hearing
Recommend to City
Uses Commission Make Decision
Council
Hold Public Hearing
Consider Designation Recommend to Planning Hold Public Hearing
Recommend to City
of PDD Commission Make Decision
Council
Hold Public Hearing
Consider Master Recommend to Planning
Recommend to City
Development Plan Commission
Council

Consider Requests for Hold Public Hearing

Refer to BZA
Administrative Appeals Make Decision

Consider Variance Hold Public Hearing

Refer to BZA
Requests Make Decision
Planning Decisions and Responsibilities

Related to the Subdivision Regulations

Responsibility
Action
Staff Planning Commission City Council

Recommend to Planning Hold Public Hearing Make

Consider Text Amendment
Commission Decision

Consider Lot Layout Make Decision

Recommend to Planning Hold Public Hearing Make

Consider Preliminary Plat
Commission Decision

Recommend to Planning
Consider Final Plat Make Decision
Commission

Recommend to Planning
Consider Waiver Requests Make Decision Accept Streets and Easements
Commission

Consider Extending Recommend to Planning

Make Decision
Approvals Commission

Consider Administrative
Make Decision
Plats
Planning Decisions and Responsibilities

Related to the Miscellaneous Actions

Responsibility
Action
Planning
Staff City Council
Commission

Recommend to Planning Hold Public Hearing Make

Consider Annexation Petition Recommend to City Council
Commission Decision

Recommend to Planning Hold Public Hearing Make

Statutory Review Recommend to City Council
Commission Decision

Recommend to Planning
Street Naming Recommend to City Council Make Decision
Commission

Recommend to Planning Hold Public Hearing Make

Street Vacation Recommend to City Council
Commission Decision

Recommend to Planning
Amend Bylaws Make Decision
Commission
Planning Commission Options under the Ordinance
Recommendations to City Council
Action
Approve
Proposed amendment is drafted
and approved for transmission
Amend Text to the City Council. In some
cases it may include alternates
for the Council to consider.
This involves rezoning property.
If the requested zone is
appropriate, no adverse
Amend Map impacts, consistent with the
City's development policies a
recommendation for approval is
appropriate.
If a a proposal meets all the
requirements of the Ordinance
Conditional Use
and has no adverse impacts this
is a proper action.
If all the requirements of the
Ordinance are met and there
are no outstanding problems
Designation of PDD this is an appropriate action.
This is essentially an overlay
zone and the critical factor is the
Master Development Plan.
Should be subject to strict
scrutiny to ensure compliance
Master Development Plan
with the letter and intent of the
Ordinance.
Approve with
Disapprove
Conditions
THIS IS NOT AN OPTION.
A recommendation to
Either the requested zone is
disapprove must be supported
appropriate for the location or it
with reasons.
is not.
Conditions that ameliorate any
adverse impact can be attached
A recommendation to
to a positive recommendation.
disapprove must be supported
Such conditions should be
with reasons.
reasonable, within the limits of
the Ordinance, and not onerous.
There is more scope for
conditions for a PDD than a A recommendation to
conditional use. But the must disapprove must be supported
be reasonable, and related to with reasons.
the purposes of the Ordinance.
The MDP is the critical element
A recommendation to
in a PDD and both broad and
disapprove must be supported
detailed conditions may be
with reasons.
considered.
Planning Commission Options under the Zoning
Ordinance

Planning Commission Makes Decision

Actions
Approve with
Approve Disapprove
Conditions

If requests are reasonable this is
Waivers and Extensions
an appropriate action.
A recommendation to
Limits can be placed upon either
disapprove should be supported
of these requests.
with reasons.
 Planning Commission Options under the
Subdivision Regulations
Planning Commission Makes Decision
Actions Approve with
Approve Disapprove
Conditions

Draft proposed amendments, hold

Amend Text Not applicable. Not applicable.
public hearing, and adopt

This is appropriate if the

If the subdivision complies with all
Preliminary Plat provisions of the regulations this is
the proper action.
If the plat conforms to the
approved preliminary plat, and any
Final Plat conditions placed on the
preliminary plat have been met this
is the proper action.
subdivision basically complies with
the provisions of the regulations
but needs some modifications to ANY DISAPPROVAL OF A
achieve full compliance. SUBDIVISION PLAT MUST BE
SUPPORTED BY SUBSTANTIVE
REASONS.
This is appropriate as long as the
conditions are minor.

Conditions may be appropriate to

Approval is appropriate if the
Waivers and Extensions limit the extent of a waiver and
waiver is minor.
avoid setting a precedent.

Approval is appropriate if the time

Extension period is reasonable and applicant Conditions may be appropriate.
provides justification.
Board of Zoning Adjustment
The Council may appoint a Board of
Adjustment. This is usually accomplished
through the zoning ordinance.
The Board shall consist of five members and
two supernumerary (alternate) members.
The term of office of both members and
alternates is three years.
All members shall be residents and
electors of the city.
 Board of Zoning Adjustment
The purposes of the Board are:
• Governed by Section 11-52-80 of the Code of
Alabama
• To hear appeals from a decision of an
administrative official acting under the
authority of the zoning ordinance.
• To authorize variances from the provisions
of the zoning ordinance in specific
situations where literal enforcement of the
zoning ordinance would result in
unnecessary hardship.
 Board of Zoning Adjustment
In exercising its powers the Board has the
authority to impose conditions as part of its
decision.
The concurring vote of four members is
necessary to reverse or modify the decision of
an administrator or to approve a variance.
Any action taken by the Board shall not
adversely impact the spirit of the ordinance or
the general welfare of the city.
Criteria for Granting a Variance
1. The granting of the variance shall be in harmony with the
general purpose and intent of the regulations imposed by this
Ordinance on the district in which it is located and shall not be
injurious to the neighborhood or otherwise detrimental to the
public welfare.

3. The granting of the variance will not permit the establishment

of any use which is not permitted in the district.

5. There must be proof of unique circumstances: there must

exist special circumstances or conditions, fully described in
the findings, applicable to the land or buildings for which the
variance is sought, which circumstances or conditions are
peculiar to such land or buildings and do not apply generally
to land or buildings in the district, and which circumstances or
conditions are such that the strict application of the provisions
of this Ordinance would deprive the applicant of the
reasonable use of such land or building.
 Criteria for Granting a Variance
1. There must be proof of unnecessary hardship. It is not sufficient
proof of hardship to show that greater profit would result if the
variance were granted. Furthermore, the hardship complained of
cannot be self-created; nor can it be established on this basis by
one who purchases with or without knowledge of the restrictions; it
must result from the application of this Ordinance; it must be
suffered directly by the property in question; and evidence of other
variances granted under similar circumstances shall not be
considered.

2. That the granting of the variance is necessary for the reasonable

use of the land or building and that the variance as granted by the
Board of Zoning Adjustment is the minimum variance that will
accomplish this purpose.
Criteria for Granting a Variance
1. That the proposed variance will not impair an adequate supply of
light and air to adjacent property, substantially increase the
congestion in the public streets, increase the danger of fire,
endanger the public safety, or substantially diminish or impair
property values within the adjacent neighborhood.

3. That the granting of the variance requested will not confer on the
applicant any special privilege that is denied by this Ordinance to
other lands, structures, or buildings in the same district.
 Appeals to the Board of Zoning
Adjustment
•Regulated by Section 11-52-81 of the Code of
Alabama
•Any party aggrieved by a decision of the Board may
appeal such decision to the Circuit Court.
•The appeal must be filed in writing within 15 days of
the Board’s decision.
•A transcript of the Board’s proceedings must be
submitted to the Court.
•The Court action is a trial de novo.
Historic Preservation
 Issues
• What is Historic Preservation and its purpose?
• Basic Approaches to Historic Preservation
• Milestones in Preservation
• Legal Basis: Federal, State and local law
• Creation of HPC
• Membership, terms, responsibilities
• Historic District and Design Review Standards
• Activities of the HPC
 What is historic preservation?
Historic Preservation – an endeavor that
seeks to preserve the ability of older (e.g.,
"historic") objects to communicate an
intended meaning. http://en.wikipedia.org/wiki/Historic_preservation

www.brotherswar.com/Gettysburg-Day-3Pic-9.htm
 Purpose
To promote the educational, cultural,
economic and general welfare of Alabama
municipalities
Section 11-68-1, Alabama State Code
 How purpose is accomplished
• Through the preservation and protection of
buildings, sites, structures, areas and districts of
historic significance and interest;
• Through the preservation and enhancement of
the national, state and local historic,
architectural, archaeological and aesthetic
heritage found in Alabama; and
• Through the promotion and enhancement of
Alabama's historic and aesthetic attraction to
tourists and visitors.
Section 11-68-1, Alabama State Code
 Basic approaches
Documentation
• Historic American Buildings Survey (HABS)
• Historic American Engineering Record (HAER)
• Historic American Landscapes Survey (HALS)
• Cultural Resources Geographical Information
System Facility (CRGIS)
 Basic approaches
Designation of
individual sites or
resources
 Basic approaches
• Creation of Districts
 Basic approaches
Preservation
Easements
A preservation
easement is a private
legal interest conveyed
by a property owner to a
preservation
organization or to a
government entity

Brevard Court and Latta Arcade, Charlotte NC,

http://westnorth.com/category/chicagoland/
 Milestones in Preservation
• 1813 - Philadelphia State House (Independence Hall) saved from demolition.
• 1853 - Mount Vernon Ladies' Association formed to save Mount Vernon.
• 1872 - Yellowstone National Park made a federally protected area
• 1889 - First national funding for historic preservation, Congress appropriated $2,000 to preserve
Casa Grande ruin in Arizona.
• 1906 - Antiquities Act passed, the country's first national preservation legislation, designating
national monuments on federal land and establishing penalties for destroying federally owned sites.
• 1916 - National Park Service established to deal with areas too large to be preserved privately
• 1926 - John D. Rockefeller, Jr. begins funding the restoration of Williamsburg, Virginia.
• 1929 - Henry Ford establishes Greenfield Village.
• 1931 - Charleston, South Carolina’s “Old and Historic District," the country's first designated
historic district.
• 1933 - Historic American Buildings Survey (HABS) authorized by President Roosevelt.
• 1935 - Historic Sites Act passed by Congress to establish historic preservation policy; it
"established policy ...to preserve for public use historic sites, buildings and objects of national
significance for the inspiration and benefit of the people of the United States."
• 1949 - National Trust for Historic Preservation established by Congressional Charter to provide
coordination between Public and Private sector.
• 1966 - National Historic Preservation Act passed; major provisions established preservation roles
for federal, state and local levels of government. It also established the National Register of
Historic Places, the concept of historic districts, and the Advisory Board on Historic
Preservation.
• 1976 - Tax Reform Act removed incentive for demolition of older buildings.
• 1978 - Revenue Act established investment tax credits for rehabilitation of historic buildings.
http://www.emich.edu/public/geo/history.html
 Legal Basis for Preservation
Federal Congress •1872 - Yellowstone National Park made a federally protected
and area, leading to interest in protecting southwestern adobe
dwellings.
President
•1889 - First national funding for historic preservation, as
Congress appropriated $2,000 to preserve Casa Grande ruin
in Arizona.
State Legislature •1906 - Antiquities Act
•1916 - National Park Service established
•1933 - Historic American Buildings Survey (HABS)
authorized by President Roosevelt.
•1935 - Historic Sites Act
Local City Council •1949 - National Trust for Historic Preservation established by
Congressional charter
•1966 - National Historic Preservation Act
•1976 - Tax Reform Act
•1978 - Revenue Act
 Legal Basis for Preservation
Federal Congress and
President

Title 11, Chapter 68, State Code of

Alabama
State Legislature

Historic Preservation Commissions and

Architectural Review Boards
Local City Council
 Legal Basis for Preservation
Federal Congress and Chapter 2, Division 5, City Code of Auburn
President

Historic Preservation Commission

Key ordinances:
State Legislature
 March 2, 1999 – Ordinance 1818 – Establishment of the Historic
Preservation Commission
 June 21, 2005 – Ordinance 2302 – Added the procedures for the
recommendation and designation of historic districts and properties
 March 21, 2006 – Ordinance 2377 – Created the North College
Local City Historic District, Established Certificates of Appropriateness as a
preservation tool, the mapping of Historic District boundaries is part
Council of the Official Zoning Map, set forth legal authority
 Historic Preservation Commission
• If a city opts to enact a preservation
ordinance, it must create a Historic
Preservation Commission (11-68-2, AL State Code )
• A non-profit government entity (11-68-4, AL State Code )
• The Commission can employ professional,
technical, office and other personnel as
necessary (11-68-3, AL State Code )
• Appeals go to Circuit Court (11-68-10, AL State Code )
 HPC Membership
• Seven citizens
• Resident of a historic district property OR
Demonstrated training or experience in fields of
history, architecture, architectural history, urban
planning, archaeology, or law
• Nominated by Mayor
• Appointed by Council
• 3 Year Terms (original terms were staggered)
 Members of the HPC
Beginning of Term Expiration of term

Susie Thomas 2006 04/20/2009

Carol Pittard 2003 04/20/2009

Anne Tamblyn Shaw 2004 04/20/2010

Daniel W. Hollis, III 2006 04/20/2010

Thomas Sparrow 2008 04/20/2011

Charles Pick 2008 04/20/2011

Richard Meinert 2007 04/20/2011

 HPC Responsibilities
A Commission is authorized to:

• Preserve and protect buildings, structures and sites of historic and

architectural value in the historic districts designated pursuant to that
ordinance;
• Prepare a survey of all property within the territorial jurisdiction of the
municipality creating the commission;
• Recommend to the municipality creating the commission buildings,
structures, sites and districts for designation as historic properties or
districts;
• Restore and preserve any historic properties acquired by the municipality
creating the commission or acquired by the commission;
• Promote acquisition of facade and conservation easements by the
municipality creating the commission or by the commission;
• Develop and conduct educational programs on historic projects and
districts designated pursuant to the ordinance and on historic preservation
subjects;
 HPC Responsibilities (continued)
• Make such investigations and studies of matters relating to historic preservation
as the municipality creating the commission or the commission deems necessary
and appropriate for the purposes of this chapter;
• Apply for funds to carry out the purposes and responsibilities of the commission
from municipal, county, state, federal and private agencies and sources;
• Purchase, sell, contract to purchase, contract to sell, own, encumber, lease,
mortgage and insure real and personal property in carrying out the purposes and
responsibilities of the commission;
• Investigate, survey and process nominations of properties to the National
Register of Historic Places;
• Investigate, survey and process applications for certification of historic
properties for tax credits for preservation expenditures;
• Contract with other municipal, county, state, federal and private agencies and
organizations to perform historic preservation related functions;
• Exercise such further powers as the commission may deem reasonably necessary
and proper to carry out the purposes, responsibilities and powers of the
commission.

(11-68-5, AL State Code )

Historic District
• Created by the City Council
on March 26, 2006
• Certificate of
Appropriateness (CoA)
required for exterior changes
• Classification of work is
either routine maintenance,
minor work, or major work
• Routine maintenance
requires no CoA and most
Minor Work is approved by
staff
• CoAs are reviewed against
Design Review Standards
Creation of a historic district
 What has the HPC been up to?
Primary activities have included:

• Working on improvements in the district right-of-way that include:

– New pedestrian street lights
– New signs and poles
– Historic district gateway signs
– Improvements to the curbs and sidewalks including brick trim
• Reviewing amendments to the Design Review Standards
• Reviewing applications for certificates of appropriateness
• Reviewing proposals for new districts
• Maintaining Certified Local Government Status (National Historic Preservation
Amendments Act of 1980)
– The local government must establish an adequate and qualified historic preservation
commission through a local ordinance.
– The local government must enforce appropriate state or local legislation for the designation
and protection of historic properties. The purpose of the ordinance must be clearly stated.
– The local government must maintain a system for the survey and inventory of historic
properties.
– The local government shall provide for adequate public participation in the local historic
preservation program, including the process of recommending properties for nomination to
the National Register.
 More Information?
Auburn Planning Department
171 North Ross Street, Auburn, AL 36830
Phone: 334.501.3040
Fax: 334.501.7293

Carl Morgan, AICP, MCP

Assistant Planning Director
cmorgan@auburnalabama.org

Matt Mosley
Planner
mmosley@auburnalabama.org
The Planning Departments Mission
Statement
The mission of the Planning Department is to promote planned and
managed change as a means of creating and maintaining an
attractive “built environment” and conserving and protecting the
City’s “natural environment.”
To this end, special emphasis is placed upon:
• Promoting the land use, public services, and transportation
components of the City’s comprehensive plan so that they serve as
an effective means of articulating and implementing the City’s
developmental policies
• Providing a high level of professional and technical support to the
City Manager, City Council, Planning Commission, and Board of
Zoning Adjustment, and Historic Preservation Commission in
formulating and implementing developmental policies
• Meeting the immediate needs of local officials, citizens, and
developers through a pro-active approach to customer service and a
commitment to quality that is shared among all members of the
Department
 Most Common Types of Zoning
• Euclidean (Prescriptive) Zoning
• Performance Zoning
• Form-Based Zoning

Many times municipalities utilize concepts

from multiple types of zoning
 Euclidean Zoning
• In this zoning, uses and activities that are incompatible are
strictly separated from each other
• Many zoning districts that have few acceptable uses in each
• Relies on fixed minimum standards to applied uniformly
throughout the district with little regard for the site or
surrounding conditions
• Most prevalent form of zoning used in the United States
• Benefits
– Provides the most certainty of any of the types of
zoning
– Well established and legally vetted
– Easily implementable
• Very rigid, lacks flexibility
 Euclidean Zoning
• Named after landmark case Village of
Euclid, Ohio v. Ambler Realty
• Heard by U.S. Supreme Court in 1926

• Case declared that zoning was a

legitimate use of police power by
municipal governments
 Euclidean Zoning Map
Common Zones
• Need Image •Residential
•Single Family
•Multiple Family
•Commercial
•Office
•Retail
•Industrial
•Light Industrial
•Heavy Industrial
•Institutional
Euclidean Development Pattern
• Need Image
 Performance Zoning
• Basic premise states that most uses can be
made compatible with one another and can
coexist comfortably
• Allows a few large zoning districts that groups
many uses together
• Uses variable standards to deal with the
interactions between internal and external
factors, applied on a site by site basis
– Buffering
– Landscaping
– Impervious Surface Ratios
– Open Space
 Performance Zoning
• Detailed in book Performance Zoning by
Lane Kendig
• First implemented in Bucks County,
Pennsylvania in 1974
• Provides the basis for City of Auburn’s
Zoning system
 Auburn’s Performance Zoning vs
Model Performance Zoning
• Model Ordinance contains seven basic
zoning districts
• Auburn’s Ordinance contains 11 basic
zoning districts with 3 overlay zones
• Auburn’s Zoning Ordinance contains no
Estate District. The Development
 Performance Zoning Map
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Performance Development Pattern
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 Form-Based Zoning
• Relies heavily on design and physical form
instead of land use to control development
• Relatively newest form of zoning although
proponents state that this has been the
development pattern for most ancient
civilizations
• Utilizes highly prescriptive design codes and
architectural standards
• This type of code is used for many Traditional
Neighborhood Developments including Seaside
• Major cities such as Montgomery, AL, Louisville,
KY and Dallas, TX have adopted form-based
codes for some or all of their city
 Form-Based Development
Pattern
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