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Prohibited Use Zoning

Carol Tobin

Member
Messages
4
Points
0
I am looking for examples of zoning codes that list prohibited uses only rather than listing permitted uses or a combination of permitted, conditional and prohibited uses. I understand that some communities list only prohibited uses in certain zone districts, but I am not familiar with any zoning codes that do this.

I'd appreciate any sample codes or leads that you can provide.

Please send information to ctobin@mrsc.org or to the address/phone/fax number below.

Thanks in advance for your assistance.
 

Jeff

Cyburbian
Messages
4,161
Points
27
I've never even heard of an ordinance like this??

It seems like you could really miss the boat if some "new" use starts to come out of the woodwork. Also, seems like alot of ammendments over the life of the ordinance.
 

Habanero

Cyburbian
Messages
3,241
Points
27
Mike DeVuono said:
I've never even heard of an ordinance like this??

It seems like you could really miss the boat if some "new" use starts to come out of the woodwork. Also, seems like alot of ammendments over the life of the ordinance.
I've been told if it's a "new" use to tell the person asking the staff has to deliberate and amend the code. One instance the city did not have zoning about palm readers; we then stated it would take 6 months to bring this to P&Z for consideration because we would have to ammend the code. Same with internet cafes, this of course all being sent down to us by our law department.

But, I've never seen a code that only lists prohibited uses, I've always seen a mix.
 

nerudite

Cyburbian
Messages
6,544
Points
30
I remember in university we were taught that there are codes like this... but I've never actually worked with/seen one. I have seen zones where only prohibited uses were listed (usually environmental overlays, such as groundwater recharge districts where you don't want certain contaminants), however I don't recall where I've seen them.

How funny that MRSC is asking us questions... I almost always point people on here to their website because it's one of the best research sources around. I'll try to think of some zones as examples and post back... I know Carol has helped me a lot in the past, so I'll try to give back a little!
 

Chet

Cyburbian Emeritus
Messages
10,624
Points
34
My experience mirrors Nerudites. Certain districts list prohibited uses, but its in addition to listing those permitted by right, those permitted as accessory, and those by conditonal use grant. Never heard of listing prohibited uses only.
 

mike gurnee

Cyburbian
Messages
3,066
Points
30
First, I agree with Mike: what happens when a "new" use comes down the pike? If it is not prohibited, it is permitted? Do you hurry up and prohibit a use in a district after a permit is applied for?

A second thought is the thrust of the code. Documents can have attitudes (friendly, stuffy, scary, republican). One that dwells on the prohibited could be percdived as a negative attitude.

Often customers want to know where a certain use can locate. would you have to go through an entire list of prohibited districts to find the permitted?

I would like to see an example of one.
 

Dan

Dear Leader
Staff member
Moderator
Messages
17,670
Points
56
mike gurnee said:
second thought is the thrust of the code. Documents can have attitudes (friendly, stuffy, scary, republican). One that dwells on the prohibited could be percdived as a negative attitude.
I was going to write the same thing. In the development code that I wrote, I went through great pains to ensure that the tone as permissive as possible, and to avoid the words "prohibited" or "not permitted." There was a statement in the general land use section; if a use is not expressly permitted, it's prohibited. If the planner feels a an undesignated use is very similar to a permitted use, it's permitted. The planner was given such flexibility to accomodate new land uses that might not be explicitally stated in a traditional zoning code; for instance, video stores in the mid-1980s or doggie day care in the 1990s. I kept use descriptions as vauge as possible (i.e. "light retail" with examples rather than "clothing sales," "bookstores," "haberdasheries," etc, to reduce the potential for new, unobtrusive yet possibly prohibited uses.
 

NHPlanner

Forums Administrator & Gallery Moderator
Staff member
Moderator
Messages
9,877
Points
38
nerudite said:
I remember in university we were taught that there are codes like this... but I've never actually worked with/seen one.
Same here. Permissive vs. restrictive ordinances. Heard about permissive ordinances (ones where only the prohibited uses are listed) but have never actually seen one. In fact, I really don't think I've ever seen a truly restrictive ordinance (where only the permitted uses are listed). I think every ordinance I've come across is a hybrid of the two.
 
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