ABSTRACT
Zoning provides certainty: that is its major characteristic: so much so in fact that the traditional zoning system was often referred to as “self-executing.” To quote from the report of the Douglas Commission:
The originators of zoning anticipated a fairly simple administrative process…. After the formulation of the ordinance text and map by a local zoning commission and its adoption by the local governing body, most administrations would require only the services of a building inspector who would determine whether proposed construction complied with the requirements. This official was not expected to exercise discretion or sophisticated judgment. Rather, he was to apply the requirements to the letter. In the case of new construction, he was to compare the builder’s plans with the requirements governing the particular piece of land and either grant or deny a permit. Even today, this nondiscretionary permit process is at the heart of zoning administration.
