Zoning, ordinances and due process

Generally, local municipal governments enact zoning ordinances in response to residents' complaints.

If you drive around your community you may find examples of motor coaches parked in a manner that residents might find intrusive.

If all motorhome owners parked their vehicles in an unobtrusive manner, perhaps municipal laws that affect motorhome parking rights would not exist.

In the United States, orders, commands or regulations that municipal government imposes on its constituency are known as ordinances. In Canada they most frequently are known as bylaws.

The constitutions of both countries give the states and provinces the ability to pass through to municipal governments the right to regulate the citizens living within the corporate boundary, providing that “due process” is followed in creating the regulation, ordinance or law.

An important factor to remember in the United States is that a county, city, township, village or any other municipal corporation, after receiving its authority from the state, may create ordinances regulating the people. Because we are  concerned only with ordinances that pertain to parking a motorhome in residential areas of a municipality, we will limit the discussion to that aspect.

The land use plan
Most municipalities today have a “land use plan” that tends to subdivide land into zones. Municipal legislative bodies find it expedient to create a “master plan” for the corporation by first employing a professional land use planner or a firm providing such services. These professionals examine the community and compare similar properties.

Once the properties are identified, they're placed into zones. Often, dividing lines for these zones are fixed boundaries such as rivers, railroad tracks, major highways and so forth. An explanation on this aspect will be found later.

Public hearings
Once the professional planner completes the study, recommendations for future growth and controls are made. The legislative government then conducts public hearings on the subject, after which the proposals are reduced to a series of regulations compacted into what is called a comprehensive land use ordinance, or in some instances, just zoning code.

In any event, the proposal is most often placed before the electorate in the form of a referendum, and the people exercise their right of “self determination” and either accept or reject the proposal.

Occasionally, the elected legislative branch of the municipal government may enact the regulations without the referendum process. Sometimes the municipality may use its duly created plan and zone commission to undertake such a study, but if so, they generally have on board a qualified “land use planner."

Following the creation of the comprehensive ordinance, the legislative branch may adjust it at any time. When proposals of change occur, “due process” calls for public hearings on the proposed change, at which time the public has a right to be heard.

Generally, changes to a zoning ordinance require three readings of the ordinance before action can be taken on it. Each time it is read, the public has a right to be heard.

Changes to the zoning ordinance usually cannot take effect immediately because there normally is no urgency in its passage. This provides time for dissenters to take other legal actions, if they so desire.

Due process
People often want to be more involved in the creation of ordinances that regulate them. It's part of the “due process” system of constitutional law that gives the people this right.

Understanding this, municipal governments attempt to give notice, or inform, their constituents of proposed changes in the municipal code, especially where zoning is concerned.

If there is a newspaper of general circulation in the community, “legal notices” are placed in the classified sections. In addition, press releases are created to keep local media informed.

Finally, sometimes placards are placed in public places throughout the community to inform the public. Unfortunately, the citizens don’t always see any of these notices and ordinances are changed to their detriment. It is probably best said; all citizens should maintain an interest in their local governments' current work agenda.