by Cindy Goodman

One way a community can regulate your enjoyment of dogs is through zoning regulations. Zoning issues are fairly recent - this century. Zoning regulations are in derogation of common law as the regulation of property is an infringement of an owner's right to its unlimited use.

Zoning is a way for the government to control and monitor growth in the community and to eliminate actions that may be offensive to neighboring landowners. The dog fancy may encounter a variety of zoning issues including dog limitations, set-backs of all dog facilities, restriction of business related endeavors.

If your community is considering a zoning issue, how do you plan your political strategies? First you have to understand how zoning works. Learn the terms. For example, learn the difference between a zoning map and a comprehensive development plan (longer term developmental goals). Obtain a copy of all written materials regarding zoning. Get a copy of the current zoning and all proposals. Check for updates and supplements. Talk to the Land Use Planner. Understand the nature of the zoning review process. Does the Land Use Planner have to make a recommendation to the local planning commission? Get promises in writing. For example, if the Land Use Planner promises that exception can be made upon the establishment of certain buffers, have those promises written into the proposal. Recognize the dynamic nature of zoning proposals. Begin the political mobilization. Get a large number of people to write. Attend the hearing wearing uniform shirts or buttons. Present your arguments in sound land- use policy terms. One county commission remarked that "turning out a large crowd gets us in the mood to help, but voicing opposition in sound land-use terms sure gives us an excuse to do the right thing."

The power of a community to zone is found in the state constitution. Review this document carefully to see the extent of powers granted to the local community. Also look in your state code for any limitations in the way that zoning provisions are enacted. The state law may specify how the zoning issue is considered (i.e. notice in the community newspaper, specific days advance notice), what criteria must be considered, and how the zoning resolution is written and recorded. If the community does not follow these guidelines, any enacted zoning ordinances may be invalid.

If an adverse zoning ordinance passes before you have had time to gather the troops, research whether you can invalidate the ordinance for failure to follow the required procedures or ordinance content standards. Verify that the notice was appropriately made in the correct newspaper and for the required time period. Check to see whether the community correctly incorporated the changes into the zoning code. The actual maps must be attached and referenced. The maps and documents must be sufficiently identified with no uncertainty, must be made a part of the public record, must be accessible to the members of the public who are or may be affected by it, and the adopting ordinance must generally give notice of this accessibility. Oral testimony of the contents and location are generally insufficient to support the zoning ordinance. Many jurisdictions also require that written criteria for the decision be part of the ordinance. Therefore, failure to specify adequate standards by which the land use decision are made could invalidate the zoning ordinance.

In enacting zoning criteria, the government balances the perceived benefit to the health, safety and welfare of the general public with the harm suffered by the landowner. Harm is generally measured by whether the property has value and use as zoned. This can be a difficult obstacle to surmount because your residence still has value as a residence.

Some criteria that have been used in the past are:

Will the zoning proposal permit a use that is suitable in view of the use and development of adjacent and nearby property? To answer this question you have to be familiar with the uses of neighboring property.

Will the zoning proposal adversely affect the existing use or usability of adjacent or nearby property? What is the relative gain to the public as compared to the hardship imposed upon the individual property owner?

Will property affected by the zoning proposal have a reasonable economic use as currently zoned? What is the suitability of the property for the zoned purposes?

Will or could the zoning proposal cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools?

Will the zoning proposal be in conformity with the policy and intent of any land use plans?

Will the existing or changing conditions affecting the use and development of property give supporting grounds for approval/disapproval of the zoning proposal?

These criteria may require the use of expert testimony. Utilize land use planners, sanitation experts, real estate appraisers, real estate agents and any other appropriate expert. Locate experts who are credible and have the ability to clearly explain their findings. Use your presentation time wisely. You may only have ten minutes per side. The speakers should be forceful, organized and concise. Avoid redundant testimony. Prepare the opposition case as well as your arguments. By thinking out the opposing viewpoints, you can better prepare your case. Use visuals - maps, charts and graphs. If you use photos or text, enlarge them and mount them on a board.

There still may be hope after an oppressive zoning regulation is passed. You may be able to obtain a variance or a special land use permit on a specific piece of property. To change an individual classification, you will have to file an application, gain the support (or at least the withdrawal of opposition) from neighbors, work with planning and zoning staff, and prepare supporting documents and expert testimony.

You may also be able to appeal. If you think that this matter will have to be won on appeal, be sure to consult with a local attorney in order to set the groundwork. For example, you may have to order a transcript and raise constitutional issues before the local governing body in order to process the appeal.