Cohousing-L Mailing List: Re: Rezoning Advice

[Buzz Burrell (72253.2101]

>The dilemma is that nowhere in those counties that we know of, other than 
>within city limits where we couldn't afford it, is there any land zoned 
>for high density and mixed use.  We would definitely need to get a 
>rezoning, just like other developers. The only alternative we've 
>discussed is to move to another state where land use laws are lax or 
>nonexistent.  Some of us are very reluctant to move. So any experience  of 
>folks on this list with the rezoning process would be helpful, especially if it

>were in our region.  Thanks in advance for your input.

In short, you DO need to "rezone, just like other developers".  That is the
standard proceedure.  It is remarkable how many groups spend fair amounts of
time and energy without first becoming familar with land use laws.  It usually
isn't a "rezoning" process, which is often difficult to obtain, but rather
creating a Non-Urban Planned Unit Development under the existing zoning laws. 

Land use regulations are not on the federal level, but state by state.  Counties
then interpret them variously, so one gets a good idea what the game is by
learning the state code, and then one must always inquire in the county.
Oftentimes, there are also different districts which the county enforces
differently.

As to "... another state where land use laws are lax or non-existent ..." -
there is a big variance in the restrictions applied by the states, but I've
never heard of a place in the world where they are non - existent.  I have a
rule of thumb on this:  The amount of restrictive regulations is usually in
direct proportion to the desirability of the location.  Makes sense, does it
not?  

If your group wants a community of 250 - 1,000 ... well ... let's just say that
would be a real big undertaking.

Some groups have considered forming their own municipalities, thus removing
themselves from county jurisdiction.  It looks easy:  a certain majority of
residents just votes to form their own town.  However, since it is illegal for
that many people to be residents in the first place, obtaining such a vote is a
major Catch-22.

Another solution for rural community, but only for small groups, is to purchase
contiguous existing property, site the buildings close together, put as many
houses as allowed on each property, and then finally share those homes.  This
can also be done by buying a large parcel and splitting it into pie-shaped
parcels whereby the community will be clustered close together on the tips of
the "pieces".

Good luck,

Buzz Burrell
Boulder, CO