A Law Student's View of Zoning Meetings

As a summer law clerk at Janzen Schroeder Ag Law, I have had a wide variety of projects from drafting motions to researching Farm Service Agency pandemic payment programs. I also had the opportunity to attend a Board of Zoning Appeals (“BZA”) meeting. Zoning is a facet of our local government that receives little attention in law school curriculum, so this hands-on experience was valuable. Here are some of my BZA meeting take aways:

1)     Each County is Different

·       Taking Votes. Each county takes votes in a different way. Some counties use Robert’s Rules of Order, and others use ballots to cast votes.

·       Handouts. In the court room, the bailiff typically accepts exhibits used as relevant evidence. At zoning meetings, the rules may or may not allow “exhibits” or handouts to be distributed. Check the local rules for submission deadlines so the board can review all supporting documents.

·       Location. The meeting room could be located at the courthouse, government building, or library. This means that the size and style of each meeting room is different. If you are new to zoning meetings, it may be helpful to arrive early enough to scope out the landscape and get organized before the meeting commences.

2)     Have a Flexible Schedule

·       Time. Each county has different time allotments for petitioners, applicants, supporters, and remonstrators. Check with the county attorney before the clock starts to make sure you pace accordingly.

·       Agendas. Agendas are helpful to determine how many matters are on the docket for the meeting, but often the matters on the agenda do not correspond to any set time. One matter on the agenda may take ten minutes, while another may take forty-five.

·       Patience. Janzen Schroeder Ag Law did not present information on the represented matter until 11:00pm (the meeting started at 6:30pm). It is almost impossible to determine what time your matter will be heard; patience is a must.

3)     Attendees

·       Crowd Size. Crowd size can vary depending on the matters before the County Commissioners or BZA. Hot topics like a confined feeding operation often draw larger crowds than a permit to build a deck.

·       Support for your Position. Support for your position is often beneficial and signifies community acceptance. If many neighbors show up to support a solar farm requesting a special exception, the applicant is likely to receive less heat from the Commissioners or BZA.

·       Remonstrators. Remonstrators are people who oppose the petitioner/applicant’s position. Be aware of remonstrators in the room, they will have a chance to speak too.

I once had a law professor comment that zoning meetings are boring. While some topics are more dull, other topics are anything but. Being on the side that is granted approval for a permit after a long struggle is an exciting feeling! Most importantly, I’ve learned that the BZA can affect the way you make a living and use your property. When stakes are this high, it is always beneficial to have representation who understands the county’s procedures and can make proper arguments.

By Emma Wischmeier, Janzen Schroeder Ag Law Summer Clerk, July 13, 2022