[Vision2020] Drafting Ordinances

[Jeff Harkins]

Again, thank you all for writing.

One respondent seems to take issue with a dialogue on the new proposed 
ordinance.  In that regard, those that are confused about writing or 
proposing ordinances, I would recommend a Google search "or some other 
venue" using key words like "drafting model ordinances" or "model ordinances".

The results are compelling and reflect that the conventional wisdom 
supports the position that specificity in an ordinance is important if the 
community and its elected officials want enforceability rather than a court 
battle (which is expensive for all).  Of course, there is also the notion 
that those upon whom the burden of enforceability will fall (us!) ought to 
be encouraged to weigh in on the issues.  Fixing the problems now will save 
us all a lot of grief and money in the long run.

Here is an example of a land use ordinance selected from one of my searches:

http://www.sewrpc.org/modelordinances/cluster_ordinance.pdf

As to the assertions that I am attempting to scare people - well, there are 
several hundred folks concerned about the issues.  And those that are 
reading the proposed ordinance seem to recognize that the document needs work.

A couple of folks asked about the Latah County Comprehensive Plan.  My copy 
is the version that was adopted on January 5, 2004.  As time permits, I 
will scan the document to digital format so those interested can have a 
copy.  Till then, I have reproduced the Introduction and the Objectives 
section of the document.  These are presented below:

Here is the omnibus "Objectives" section from the Latah County 
Comprehensive Plan

Objectives

To make Latah County a desirable place in which to live, work, and visit, 
the Comprehensive Plan and land use map outline a pattern of growth 
compatible with community traditions, values, and vision for the future, 
including:

1. Preservation of agricultural and forest land uses to ensure the 
continued viability of an agricultural and forest-based economy in rural 
Latah County.

2. Fostering of other land uses which will help achieve a solid broad-based 
and sustainable economic foundation.

3. Clustering of commercial and higher density residential uses in and 
around areas with adequate public services.

4. Preservation of the rural character of Latah County to ensure the 
protection of the cultural, scenic and natural amenities presently found in 
the County.

5. Ensure that land use policies do not unconstitutionally violate private 
property rights.

Latah County's Comprehensive Plan shall serve as a basis for ordinances and 
regulations that will achieve the overall goals identified through the 
active participation of County residents.  When the County, through its 
citizens, find that the Plan no longer reflects current conditions and 
community values, it shall be amended or replaced.

The next section identifies the specific goals and policies to be 
achieved.  Somewhat lengthy so I will try to get a digital version when 
time permits.

I hope to produce the collective comments on Section 1 of the proposed 
ordinance later this week.

Thanks again for your kind words and suggestions.


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