Scenarios

The following is a summary of the some of the key concepts in this chapter, followed by possible situations with which local officials, planning commissioners and others may be asked to deal.

What would you do? Imagine yourself in a real-life circumstance in which you are a part of the land use process. Once you have thought about what you would do, you can click on the "Response" section to see a possible response. Although the response should be accurate and help to reinforce chapter content it may not be the only appropriate response that could be provided.

Please refer to the full chapter for reference information and should you have any questions. Click here for a list of field representatives and Department of Land Conservation and Development staff.

Key Concepts

You are describing the land use decision process to a community group. How would you explain the process in language non-planers can understand?

 Possible Response...

There are three main types of land use decisions. First are administrative or ministerial actions, usually made at the staff level. Because these types of decisions involve applying clear code standards, there is no need for public hearings or appeals. Second, quasi-judicial decisions involve the application of the local plan and code requirements to a specific project or case. Public hearings, usually before the planning commission, are typically required. Finally, legislative decisions set new policy or standards for an area or the entire community. Often, the adoption of major planning rules or policy such as the comprehensive plan and zoning code are involved. These decisions can take a considerable amount of time and require extensive opportunities for public comment.

As a planning commissioner, you visit the site of a proposed development prior to a public hearing. At the hearing, what should you disclose about this visit?

 Possible Response...

A site visit is generally considered to be an ex-parte contact, as you may have gained information about the application, or otherwise been influenced, outside of the hearing process. Although this does not disqualify you from participating in the decision, you must disclose your visit at the beginning of the hearing and indicate the general nature of the information you obtained. Hearing participants should have the opportunity to question you about this. An ex-parte contact such as a site visit is not a legal issue unless it is not disclosed and later discovered. Once disclosed, you may continue to participate in the hearings process.

As a member of the planning commission, you have completed the hearing and deliberations for a quasi-judicial land use decision. The commission is required to support its decision with "findings of fact," but you are not sure they are adequate. What should you do?

 Possible Response...

Commissioners may ask the planning staff or legal counsel to review the initial proposed findings to make sure they address all the legal requirements. The planning commission can also add additional findings consistent with the applicable ordinance criteria. As part of this process the commission deliberate and vote on the matter. During this process, planning commission members are encouraged to explain based on the decision criteria, the reasons for their decision to approve or disapprove the findings.

Before a Planning Commission hearing, you are uncertain about your bias or conflict of interest. What should you do?

 Possible Response...

If you have any questions about how this is applied, discuss them with your legal counsel before or at the beginning of the hearing.