xt7wst7dvg0q https://exploreuk.uky.edu/dips/xt7wst7dvg0q/data/mets.xml  United States Housing Authority 1939 14 leaves; 27 cm.UK holds archival copy for ASERL Collaborative Federal Depository Library Program libraries and the Federal Information Preservation Network Call Number FW 3.9:27 bulletins English Washington, D.C.: Federal Works Agency, United States Housing Authority Contact the Special Collections Research Center for information regarding rights and use of this collection. Works Progress Administration Housing Publications Zoning -- United States City planning -- United States Public housing -- United States Zoning and Rezoning for USHA-Aided Projects/United States Housing Authority, 1939 text Zoning and Rezoning for USHA-Aided Projects/United States Housing Authority, 1939 1939 2019 true xt7wst7dvg0q section xt7wst7dvg0q _ / 4/ l . , /, ‘1
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3 DUES ”150275 5
‘ "zoning n12 EZQNINQ £95 Inna—Airs; incisors"

This Bulletin is designed to aid local housing author—
ities in solving their zoning problems. The Bulletin is
specific rather than general. It makes no effort to discuss
the general philosophy of zoning, but indicates the nature
and necessity of zoning, the considerations which determine
the precise type of zoning or rezoning necessary for a proj—

. ect, and the methods of effecting the necessary zoning or
' rezoning. A.more detailed statement of the "Scope and Content"
of the Bulletin is contained on page 1 of the Bulletin it—
; self. A Table of Contents is also included on the following
page. This Table of Contents should be detached from the
. Bulletin and added as page 18 to the ”List and Table of
”V Contents of Bulletins on Policy and Procedure" which was
previously issued. This ”Covering Page” should also be
detached when the Bulletin is placed in your binder with the
other Bulletins on Policy and Procedure.
if '
83737 H

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Supplement No. 2
Bulletin No. 27
2.0.3513 an awning. £03; LISEA-Aided P11992103
(Dated Uovember 25? l§3§7 _
‘ Page
Scope and Content... ................................... . 1
. Nature of Zoning and Methods of Enforcement — Participa—
tion in Enforcement by The Local Authority.............. 1 — 4
{J Nature............................................... 1 _ 2
Use districts................................... 2
Height and area districts....................... 2 ~ 3
‘fi Density regulations............................. 3
Methods of enforcement............................... 3 — 4
Participation in enforcement by the local authority.. 4
Relationship of Zoning and Rezoning to the USHA—Aided
Program................................................. 4 — 5
Permissive zoning or rezoning........................ 4 — 5
Protective zoning or rezoning........................ 5
Consultations with local officials................... 5
consultations with USHA representatives. . . . . . 5
Relationship of Zoning and Rezoning to the Acquisition
and Use of the Project Site (i.e., On—Site or "Permis— ‘
sive” Zoning or Rezoning)............................... 6 ~ 7 '
General...............i...................{.......... 6
9 Limitations and requirements as to use of the
project site....................................... 6
Typical limitations and requirements................. 6
‘W Relationship of Zoning and Rezoning to the Area Sur—
rounding the Project Site (i.e., Off~Site or ”Pro—
. tective" Zoning or Rezoning)............................ 7 ~ 10
General........,..................................... 7
Special protective dis*ricts: protective amendments.. 8 ~ 9
vacant surrounding areas: ”interim” ordinances...... 9
Nonconforming buildings and uses..................... 9
Importance of protective zoning or rezoning ......... 10
Procedure for Amending the Zoning Ordinance and Obtain—
ing Variances Therefrom................................. lO — 12
Procedure for amending the zoning ordinance.......... 10 ~ 11
Q Procedure for obtaining variances from the zoning
ordinance.......................................... ll — 12
Procedure for Obtaining the Enactment or Adoption of A
‘ Zoning Ordinance in A City Without Zoning............... 12 — l4
Basis for zoning plan................................ 12 — 13
' Necessary steps in obtaining the enactment of a
zoning ordinance................................... 13
General......................................... 13
Steps subsequent to the appointment of the
! commission.................................... l3 — 14
NOTE: Please detach this page and add as page 19 to the ”List
and Table of Contents of Bulletins on Policy and Pro—
“e' cedure" previously issued. ' .
83737 H

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This Bulletin sets forth (I) the nature of zoningy, the methods of
enforcing the zoning ordinance, and the manner in which the local hous—
ing authority may participate in its enforcement; (II) the relationship
of onwsite or ”permissive” zoning or rezoning, and off—site or "pro—

9 tective” zoning or rezoning, to the USHAFAided program; (III) the rela—
tionship of permissive zoning and rezoning to the vauisition and use
of the project site; (IV) the relationship of protective zoning and re~

~ zoning to the area surrounding the project site; (V) the procedure for
amending the zoning ordinance and the procedure for obtaining "variances"
or exceptions from the zoning ordinance; and (VI) the procedure for ob—
taining the enactment or adoption of a zoning ordinance in a city without

The attention of the local authority is invited to the fact that
the Cooperation Agreement executed between it and the city supplies an
ample basis for requesting any zoning or rezoning necessary for the proj» \
set. In virtually every such Agreement, the city undertakes to zone or
rezone, to an appropriate classification, both the site of.the project
and the area surrounding the site. The city also agrees to take such
action within a reasonable time after the local authority requests it.

, Thus, the local authority has, or will acquire upon execution of the
Cooperation Agreement, an ample basis for requesting any necessary zon—
ing or rezoning.



(a) Nature. (1) Zoning may be defined as the regulation by
municipal ordinance (or resolution) of the height, area, and use of
buildingS, the use of land, and the density of population. Authority to
enact the zoning ordinance is usually conferred upon the local govern~
ment by a general state enabling act. Some states have a single en—
abling act covering all municipalities in the state, irrespective of
size or class. Other states have different enabling acts for municipali—

9 ties of different size or class. In all states, however, the relationship
l] Zoning is an instrumentality of city planning. See Bulletin No. 18,

entitled ”Site Selection?, for a discussion of the relationship be~
tween site selection and city planning and the relationship between
zoning and city planning.
83737 H

 \ e
between the applicable state enabling act and the municipal zoning ordi—
nance is close and all the requirements of the act must be strictly com—
plied with, particularly those with respect to notice, public hearing,
publication, and other procedural matters in connection with the adop—
tion of the zoning ordinance.

'ihe fact that zoning regulates the pee of property and the use of
land, and imposes such regulations by districts, constitutes the chief
distinction between zoning regulations and building code regulations,
plumbing and sanitary regulations, and similar regulations designed to

m assure safe and sanitary structures. The latter type of regulations '
are not usually prescribed by districts but have general application
to the city as a whole. They are designed to promote community health

. and safety by assuring structural strength and stability, adequate
sanitary facilities, and protection from fire and disease and similar
community hazards. There is no necessary relationship between such
regulations and the zoning ordinance, except that they may be enforced
by the same officials as the zoning ordinance.

The attention of local authorities is invited to the fact that the
value of the housing program to their respective communities will be sub~
stantially decreased unless steps are taken to preclude the social forces
tending to create slums from operating to the detriment of their respec—
tiVO projects. Zoning or rezoning supplies an effective means of ob—
taining the necessary protection, particularly against the invasion of
valueédepreciating uses such as those indicated in paragraph IV—(a), be—

" 10W-

(3> Egg districts. Perhaps the most distinctive characteristic of

u zoning arises from its regulation of the BEE of property. Thus, the
zoning ordinance divides the city into ”use districts" and either pro~

. hibits (if it is the "prohibitive or exclusive” type of ordinance) the
uses inappropriate for each district or specified (if it is the "inclu-
sive or permissive" type of ordinance) the uses appropriate for each
district. For example, the exclusive type of ordinance prohibits busi—
ness uses in residential districts, industrial uses in business dis—
tricts, and serforth. Conversely, the inclusive type of ordinance
specifies residential uses for residential districts, business uses for
business districts. The various use districts and their respective
boundaries are customarily set out on a map known as the ”zone map” or

9 ‘ "use district map”. This map is made an integral part of the zoning
ordinance. '

- (3) Egighi and area districts. Another feature of zoning is its
regulation of the height of buildings and the percentage or area of
their respective lots which they may occupy. Thus, in addition to use
districts, the city may also be divided into (i) ”height districts” for

83737 H 2


 . .
which maximum heights for buildings are set forth, and (ii) ”area dis—
tricts" for which minimum dimensions of yards and courts and other open
spaces and maximum percentages of lot occupancy are prescribed. Height
and area districts may be designated as such on maps known as ”height ‘
district maps” and ”area district maps", respectively. In some of the
larger cities height districts and area districts are set forth separate-
ly and have no necessary relationship to the use districts. Indeed, a
height or area district may overlap one or more use districts. In the
smaller cities, however, height and area regulations are customarily ap—
plied by use districts and no separate height or area districts are
created. ‘ .

(4) Density regulations. Control of the density of population is

another function of zoning. Population density may be controlled by a

’ provision in the zoning ordinance limiting the number of families per
acre or prescribing a minimum number of square feet of lot per family.
Similarly, the zoning ordinance may establish a minimum number of lineal
feet of street frontage per family. However, the power to regulate popu—
lation densities must be specifically granted to the local government in
the state enabling act. It cannot be inferred from the power to create
area districts or to regulate the use of land.

(b) Methods of gnfg"cement. The requirement of a permit for the
construction of buildings or improvements supplies the most routine
method of enforcing the zoning ordinance. The application for the per—
mit must be accompanied by plans indicating the character of the pro—
posed building, its location, the area or percentage of the lot to be .

3 occupied, the area of yard and court spaces, the height of the building,
and its relationship to the other requirements of the zoning ordinance.
The application and accompanying data should be sufficient to identifiy

3 the building or improvement and to supply adequate information for a

. preliminary determination as to whether the provisions of the zoning

ordinance will be met. The application for the permit will, of course,
be denied unless the plans and supporting data are consistent with the
ordinance. '

The certificate of occupancy, which is ordinarily required in all
the larger cities before a structure may be used or occupied, supplies
another method for checking compliance with the zoning ordinance as well
as with the building permit. After the building has been completed the
local officials can determine the actual height of the building, the

9 actual area of its yards and courts, and the actual percentage of lot
occupied. The uses to which the building may be put can also be more
satisfactorily determined at this stage than at the time when the appli—

' cation for the building permit was considered.


83737 H 3

 ‘ I

In addition to these two administrative methods of enforcing the
zoning ordinance, property owners (including, of course, the local au-
thority) may also obtain, in proper cases, injunctions to prevent viola—
tions of the ordinance.

(c) 'Partigipapign in enforcement by Egg local authority. The local
authority, just as other interested property owners, Should participate
in the enforcement of the zoning ordinance. Thus, the local authority
should protest against the issuance of any building or occupancy permit
for any building or improvement which, as planned or designed, appears
calculated (1) to violate the provisions of the ordinance applicable to
the zoning district containing the project and (2) to impair the resi—
dential character of the project. Similarly, the local authority should

' apply for the revocation of any building or occupancy permit for any
building or improvement in such district which, as constructed or used,
fails to comply with the provisions of the ordinance and impairs the
residential character of the project. Upon the filing of such a protest
or application for revocation, the proper local officials will examine
the situation and Will, in appropriate instances, revoke the permit or
certificate involved.

In cases Where the project comprises property which would be ”af—
fected” (as defined in paragraph V~(a) below) by a variance from the zen—
ing ordinance or an amendment thereof, the local authority should pro— .
test against any such variance or amendment which would permit construc—
tion or uses calculated to decrease the desirability of the project site.

. The filing of a protest against the Variance or amendment by the owners
of a sufficient amount of "affected property” will ordinarily make it
necessary to obtain considerably more than a majority vote of the appro— .

'; priate local body to secure the variance or amendment. Accordingly, the
filing of a protest by a large property owner such as the local author~
ity may, in certain cases, be enough to preclude the obtaining of an un»
desirable Variance or amendment.

Active participation in enforcement by the local authority, in the
manner specified in this subparagraph (0), will aid substantially in as—
suring maximum protection for the project against undesirable develop—
ments in the surrounding area.

(a) Permissive zonigz 93 rezoning. The term "permissive zoning
or rezoning”, as used in this Bulletin, refers to these amendments of the
‘ zoning ordinance or variances therefrom which are sometimes necessary to
enable the local authority to build the project in the manner conteme
plated by the USHA~Aided program. In such cases, an amendment of the
83737 H 4

 I O
zoning ordinance or a variance therefrom will be essential and the USHA
cannot approve a proposed site until (1) the necessary Variance or amend”
ment has been secured or (2) satisfactory assurances have been obtained
that it can be secured. This phase of the problem and the situations in
which amendments or variances are respectively appropriate, and the pro~
, cedure for obtaining them, are discussed in paragraphs III and V below.

(b) 'Protectige zoning g3 ggzgnipg. The term ”protective zoning or
rezoning", as used in this Bulletin, refers to the zoning or rezoning of
the area immediately surrounding the project site which is sometimes
necessaiy to assure adequate protection for the pioject against undesir—
able developments in the immediate neighborhood. Protective zoning may
be necessary both in cases where the project site constitutes a separate
zoning district and in situations where it comprises merely a portion of

‘ a zoning districte In some cases the obtaining or protective zoning or

' rezoning, or the procuring of assurances that it can be obtained, will be
a condition precedent to the advance of funds for construction under the
Loan Contract. Protective zoning or rezoning can be achieved (1) by thev
enactment of a zoning ordinance in cities without zoning or (2) by the
amendment of an unsatisfactory zoning ordinance (i) to prohibit uses peré
mitted thereunder which are not presently existing, (ii) to create buffer
or marginal districts? or (iii) to change the classifications of the sure
rounding zoning districts. The situations in which protective zoning or
rezoning is required and the appropriate methods of effecting it are dis~
cussed in paragraphs IV and V below.

(c) ansultations gin local officials. In studying the relation—-

, ship of the zoning ordinance to the proposed site and in considering zon—
ing problems with respect to the surrounding area, the local authority .
should consult with the city officials responsible for administering and

J enforcing the zoning ordinance. In cities with a Planning or Zoning Com—
mission, the local authority should also secure written approval from the
Commission of any necessary zoning or rezoning and an expression of its
cooperation in obtaining any such zoning or rezoning.

(d) Qgfligltations with USHA representatiggg. The attention of
local authorities is invited to the fact that City Planning Consultants,
who are experts on zoning matters, will be made available by the USHA
for consultations on zoning problems. Local authorities are urged to re—
quest tho services of these Consultants in cases in which difficulties
arise (l) in determining the Zoning or rezoning necessary for the proj~

' ect or (B) in determining the appropriate method of effecting such zon~ 1
ing or rezoning. The services of these Consultants will, if practicable,
be made available by the USHA immediately upon request.



' 83737 H 5

 . . . . ,

(a) General. The effect of the zoning ordinance upon each pro—
posed project site must be determined in the initial stages of site se—
lection. (Otherwise, the local authority may not discover until after
acquisition of the site that the limitations and requirements of the
ordinance are such that the type of project desired cannot be built
thereon without obtaining an amendment of the zoning ordinance or a
variance from it.) The zoning ordinance consists of the text of the

; regulations together with the maps which set forth the various types of
districts established thereby. Accordingly, both the regulations them—
selves and the accompanying maps (i.e., the use map and the height and '

r ‘ area mops, if any) should be carefully studied before the site is fi—
nally selected.

(b) Limitations and geguirements as 33 BEE g: Ehg project site.
The limitations and requirements of the zoning ordinance may affect the
location Of the project, the site plan, and the design of the buildings
comprising the project. The size and extent of housing projects, to-

' gether with their layouts, differ somewhat from the conventional build~
ing practices in most cities. Zoning ordinances are ordinarily de~
signed to govern the placing of buildings on properties having the cus~
tomary street and lot layout. Except in some-of our oldest cities, res—
idence structures, whethcr’apartmcnts or private dwellings, have been
erected upon individual ”lots“ or parcels of land. For purposes of USHA—

1 Aided projects, the ordinance should permit multiple buildings (such as
row houses, flats, or apartments) and their location without relation
to lot lines. Similarly, the ordinance should permit construction of

J the necessary accessory buildings for the project, such as office build—
ings, service buildings, power plants, and the like.

‘ (0) Typical limitations 3nd geguircments. The following are the
more typical limitations and requirements found in zoning ordinances
which should be especially noted and checked for USHAFAided projects:

(1) Limitations as to the number of dwelling units per structure.

(:3) Limitations as to the height of structures.

_ ' (3) Limitations as to non—dwelling facilities or ”accessory build—
‘ (4) Requirements as to dwellings facing public streets.
, 83737 H 5

 Q Q

(5) Requirements as to "population density" (i.e., maximum number
of families per acre or the minimum number of Square feet per family).

(6) Requirements as to set—back from street lines.

(7) Requirements as to side yards and rear yards for each dwelling.

(8) Requirements as to minimum dimensions of yards and courts and

‘ maximum percentages of lot occupancy.

If the proposed site is subject to zoning regulations which would
interfere with the prOper develoyment of the project, an amendment of the
ordinance or a variance therefrom must be secured. Usually a variance
will supply the necessary latitude. If not, the ordinance should be

a amended,jpreferably by a grovision which specifically authorizes ccmpre~
hensively planned housing projects. .

Until the local authority has demonstrated that the proposed site is
not subject to any limitations or requirements which would prevent the
proner development of the project, or that any necessary amendment or
variance can be secured, the Loan Application cannot be approved. If it
is impossible to secure any necessary amendment or variance, or to ob—
tain assurances that it can be obtained, the only alternative will be the
abandonment of the proposed site. Accordingly, the local authority should
make certain that the Application for Financial Assistance, at the time
of its submission to the USHA, contains assurances that any necessary
amendment of the zoning ordinance, or any necessary variance therefrom,

1 can be secured. ’

(a) General. In addition to obtaining any amendments of the zon—
ing ordinanoeaor_variances therefrom necessary to permit construction
on the project site in the manner contemplated by the USHA—Aided pro—_
gram, the local authority must also secure adequate protection for the
project against harmful influences in the surrounding area. A careful
study of the area surrounding the project site should be made in order
to formulate a plan for any required zoning or rezoning. (As indicated
in paragraph II-(d) above, the USHA will make City Planning Consultants
available to assist in such work.) This study becomes particularly

‘ essential when the project site is in a slum area. Such areas are fre~
quently located within business or industrial zoning districts. Injuri— -
ous and value—depreciating uses‘which will impair the residential

83737 H 7


 fi d)
character of the project are frequently permitted in such districts,
particularly in industrial districts, although they may not necessarily
be presently existing therein. Examples of such uses are:
(1) Uses creating fire hazards such as lumber yards, warehouses
storing combustible materials, oil refineries or storage yards. '

(3) Uses creating noxious or offensive odors such as fertilizer
plants or chemical plants. '

(5) Uses creating excessive noises or involving activity during
normal sleeping hours such as boiler works or railroad switching yards.

, (4) Uses creating excessive smoke such as blast furnaces or rail~

road roundhouses.

C5) Unsightly uses such as auto wrecking yards or scrap iron yards.

- Methods of minimizing or reducing the harmful effect of such uses are
discussed in subparagraphs (b), (c). and (d) below.

Due to the legal difficulties involved in eliminating existing injuri-
ous or value—depreciating uses, the local authority should be extremely
cautious in entering districts which contain any material number of uses
such as those enumerated in (1) through (5) above.

(b) Special protective districts: protective amendments. In situa~

' o ' v _'_~—._—‘ MT .—._...__._——... _‘-‘"“21":""“’."_ *hfi“.‘_“" .
tions where zoning or rezoning of the surrounding area is necessary for
the protection of the project, the local authority should consider the

d advisability of sponsoring the creation of "marginal” or "buffer" resi—
dential districts, smaller in area than the regular zoning districts.
Such districts ma be desi» ed to sun lv a rotective belt around the

iP . P
progect so as to prevent the development of business or industrial uses
near the project boundaries. The establishment of such uses in this
area may impede future expansion of the project. If special circumstances
make it advisable to permit the development of a few business uses, such
as drug stores. food shops, and personal service establishments, on the
periphery of the project, the local authority should make certain that
the ordinance limits such uses to land which will not be required for
future expansion. .

The attention of local authorities is also invited to the fact that
the project may; in some cases, be given increased protection by obtain—

. ing an amendment of the zoning regulations applicable to the surrounding
area so as to preclude undesirable buildings and uses permitted by the
regulations but not presently existing in the area. Thus, portions of

‘ .

, 83737 H 8 ‘

 ‘3‘ 5
the surrounding area may be zoned for light business uses for the provi-
sions of the ordinance may be so loosely drawn that light manufacturing
establishments, large laundries, wholesale bakeries. and the like, may
be constructed in the area. In cases of this sort the local authority
should obtain amendments permanently excluding such uses from the sur-
rounding area. .

(c) yacant sugrounding areas: "interim" ordinances. If the area
selected for the project site is locatEdflinma section of the city which
is largely vacant, equal care must be exercised to obtain preper zoning
or rezoning of the surrounding areas. In circumstances where the sur—
rounding vacant properties are zoned for business or industrial uses,
the local authority must obtain the rezoning on the surrounding proper—

» ties necessary (1) to‘protect the site from the uncertainties of harmful
future uses and (2} to afford stability and desirability to the surround—
ings for living purposes.

The local authority should also consider sponsoring the formulation

. and adeption of an "interim ordinance" (which does not require a zoning
map) in situations where it is necessary to protect the character of the
neighborhood-until the permanent ordinance and map can be prepared and
adopted. An interim ordinance supplies only temporary protection. Such
protection may, howevert be highly-desirable in situations where an in—
vasion of gasoline filling stations. garages, lumber yards, and similar

' uses, is imminent and will occur before the permanent ordinance and map
excluding them can be formulated and adopted.

(d) Nonconforming buildings and uses.§/ The attention of local an:
thorities is invited to a possible distinction between nonconforming uses

u of land and nonc0nforming uses of buildings. Nonconforming buildings
existing on the effective date of the ordinance cannot usually be ousted
under the typical zoning ordinance, but an existing nonconforming use of
land may, in some cases, be ousted, if the clause 2:.EEE ordinance_authgrg
izing th§_continuance of nonconforming useS does not refer specifically_£g

. land and th§_applicable_state enabling act does not preclude all EEEEQf
active zoning regulationstm—Thus, automobile wreEEing yards, parking Yards.
junk yards, open-air garages, and the like, even though existing on the
effective date of the ordinance, may in some cases be prohibited for the
future. However. even in such cases. a reasonable period of time should
ordinarily be given for the liquidation of the nonconforming use.
' §/ Nonconforming buildings and uses are buildings and uses which do
, not conform to the zoning ordinance. They may exist in a zoning
district either (a) because they existed on the effective date of
the zoning ordinance and cannot be ousted or (b) because E1 vari—
ance or exception has been obtained therefor.
- - 83737 H 9

 a s

(8) meetings 9.1: missile zn'nas 2-: remains- Zoning or rezon~
ing of the area surrounding the project site is sometimes essential to
the preper development of the project. In such cases the initiation of
any necessary off—site zoning or rezoning may, in the discretion of the
USEA, be made a condition precedent to the advance of funds for construc—
tion under the Loan Contract. However, the USHA realizes that the local
authority may not always be able to procure the adeption of a zoning or—
dinance, or the amendment of an unsatisfactory zoning ordinance, before
acquisition of the site. Such protective zoning or rezoning may, accord—
ingly, be deferred in appropriate instances. In order to avoid delay at
a later date, the opinion of the USEA as to the necessity, and the time,
for securing any necessary off—site zoning or rezoning should be sous‘Zht

a as soon as practicable during the preparation of the Application for
Financial Assistance.


(at Erasure £21: energies the senses grinning. (1) Ordinarily
the amendment ofva zoning ordinance (or maps) is initiated by petition
from property owners to the local legislative body.. After receipt of
the petition, a previously advertised public hearing is required and a
report is necessary from the City Planning or Zoning Commission. The
amendment may then be adopted by the local legislative body in the same
manner as amendments to other ordinances, unless the owners of a speci—
fied.percentage (ordinarily twenty per cent) of the property most af—

* fected by the proposed amendment object to the amendment at the public
hearing. If the owners of the specified percentage of affected property
object, considerably more than a majority vote of the local legislative

‘ body is ordinarily required for the adoption of the amendment.

The property owners who are "affected” by, and who may protest
against, an amendment of the ordinance are generally Specified in the '
state enabling act. The largest group of such owners comprises the per~
sons owning land in the district to be rezoned. Another group consists
of the owners of land across the street from the property to be resoned.
The third group comprises the owners of contiguous land at the side or
in the rear of the property to be rezoned. Such property owners compose

A three separate groups. Protest from owners of the Specified percentage
of affected preperty, drawn from any one of the three groups, will gen—

‘ erally be enough to make it necessary to obtain more than a majority
vote (ordinarily a tWO—thirds or four—fifths vote) of the local legis—

. lative body in order to obtain adoption of the amendment.

(2) The state enabling act should always be checked for any special
limitations or requirements as to amendments. Similarly, where the city
is operating under a city charter, the charter should be examined for any


83737 H 10


 A 0
Specific requirements. Finally, the ordinance itself should be consulted
for provisions as to amendments. No amendments of the ordinance will be
effective until all requirements as to notice, hearing, publication, serv—
ice, and so on, have been satisfied.

(3) Considerable time is ordinarily required to secure final adoption
of amendments. Accordingly, the local authority should take the necessary
initial steps immediately after site selection. If an amendment of the
zoning ordinance is