Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 14, 1995 TAG: 9503140092
SECTION: EDITORIAL PAGE: A4 EDITION: METRO
SOURCE: DALE C. WHEELER
DATELINE: LENGTH: Long
Practically every city and town in Virginia has zoning to protect the property rights of its citizens and those of the community vested in every land parcel. Well over half of Virginia counties have zoning for the same reason. The same is true throughout the United States and most foreign countries, except those in the Third World. LUGS is simply an innovative, advanced zoning ordinance that gives developers, affected citizens and their government more flexibility and control than traditional zoning.
Like any zoning ordinance, LUGS is designed to ensure that land-use decisions are made in the public interest, a sound concept that's difficult to apply because a balance must be struck between the rights of property owners, neighbors and the government. A balance must also be struck between an owner's right to use property as a commodity for maximum profit and a community's right to consider it a collective resource.
LUGS is often compared to traditional zoning as though traditional zoning were a simple, always-the-same thing. Actually, there's more difference in many older traditional zoning ordinances than in LUGS and the more modern ones. In short, there's no traditional zoning ordinance, but a number of very different ordinances, traditional only in that they seek to protect the public interest by segregating uses into rigid categories such as residential, commercial, industrial, agricultural and variations thereof. By contrast, since LUGS is performance-based, protecting the public interest by mitigating the impacts of various uses, it allows mixed uses. Realizing the advantages of mixed uses, many communities are revising their traditional zoning ordinances to include planned-unit developments, floating zones and other devices that soften the segregation-of-use concept to obtain this and other advantages inherent in LUGS.
While principles are the same, the administration of zoning in urban and rural areas is quite different. In urban areas, land use is intensive and its patterns are well-defined and established. Uses for the little vacant land there is are usually determined by surrounding uses. Such conditions may favor traditional zoning with its rigid districts. In rural areas, however, most land use isn't intensive, and is typically scattered residential, agricultural, forested or vacant. To put such land in a rigid zoning classification, except perhaps "agricultural," is speculative. Accordingly, most new development in rural counties involves a change of use, whether zoning is LUGS or traditional. The process is essentially the same under either system.
The Bedford County Board of Supervisors considered these factors when it adopted LUGS in 1989. The supervisors have carefully monitored and evaluated it ever since. The record clearly shows the process to be very predictable. The Community Development Department is consistently able to advise developers of their project's viability before any fees are required. To date, approximately 90 percent of all projects have been approved. Most of those disapproved weren't surprises. In fact, there have been few surprises for developers who diligently sought approval of good projects rather than argue their "right" to the approval of any project.
Land values haven't suffered under LUGS. Recent assessments in the county show land values for comparable properties exceeding those in surrounding counties. Population growth also exceeds that in surrounding counties. In fact, the county is one of the fastest-growing in Virginia. Steadily increasing employment, building permits and values all indicate a healthy, desirable community with a favorable development climate.
Zoning isn't simple because balancing an owner's private-property rights against a community's collective rights isn't simple. This balance is complicated as many citizens don't realize that our Constitution retains for government the right to tax, police or regulate, and even take private property for the public good with due process and just compensation. In other words, individual property rights are exclusionary, not absolute. LUGS is based on the premise that this crucial balance is best made on a case-by-case basis with timely joint participation of owner, neighbor and government rather than on some rigid areawide basis perhaps established years ago. Some call LUGS complicated, but the record shows that cost and time for approvals under LUGS and traditional zoning are comparable.
Sometimes, those proposing development consider opposition unwarranted meddling. Occasionally it is, but more often it's an attempt to address a legitimate concern, and reach a collective solution better than the initial proposal. LUGS has nothing to do with meddling, and everything to do with improving or disapproving poor projects and encouraging and approving good ones - exactly what land-use controls are supposed to do.
The owner or developer benefits under LUGS, as concerns or opposition are identified early when they can be economically addressed. Citizens benefit, as they have an early forum to express their concerns and suggestions. Bedford County benefits, as each project is carefully evaluated against the county's comprehensive plan, giving the developer, the public and county an opportunity to meet established goals and objectives. The purpose is always to balance private and community property rights in the public interest - a difficult but absolutely essential task that Bedford County takes quite seriously. LUGS helps us meet that purpose.
Dale C. Wheeler, of Vinton, is chairman of the Bedford County Board of Supervisors.
by CNB