Zoning Issues in Planned Unit Developments: Conditional Use, Base Zone and Rezoning Alternatives

A live 90-minute CLE webinar with interactive Q&A

Tuesday, July 17, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will discuss the complex land use and zoning issues that arise in planned unit developments. Our experienced panel of real estate attorneys will provide insight into the current landscape of land use and zoning regulations along with alternative measures that are helping developers and communities address some of the unique challenges that arise in planned developments.


Planned unit development is a significant and increasingly popular development type. Whether presenting as mixed-use infill developments in town centers or as master planned communities, planned unit development has required a shift in the conventional zoning process and poses a considerable challenge for developers and local government.

Central to the chellenges to this approach is the planned unit development’s elimination of entitlement or by-right zoning in favor of a discretionary review process. Under the conventional entitlement zoning regime, a local government’s zoning ordinance contains the rules that apply to new development, and a developer can proceed to the construction phase with limited review or public participation in the zoning process.

While this shift can afford a higher level of flexibility in the entitlement process, the change creates considerable challenges for developers investing in new projects, local elected officials working to control project outcomes, and neighboring property owners impacted by proposed developments.

Listen as our panel of real estate attorneys discusses emerging zoning alternatives for this development type, and provides practical guidance for developers and local government navigating the approval process.



  1. Overview of planned unit development
  2. Zoning considerations
    1. Entitlement vs. discretionary zoning
    2. Conditional use
    3. Base zone alternative
    4. Rezoning alternative
  3. Approval process
    1. Considerations for developers
    2. Considerations for local governments
    3. Alternatives for avoidance or supplementation
  4. Comparative ordinances


The panel will review these and other relevant issues:

  • Best practices for local government to consider in promoting planned unit developments?
  • What are the alternatives to avoid or supplement discretionary review of project proposals?
  • What are the steps that counsel for developers and local government can take to address potential conflicts in proposed development agreements and zoning ordinances for planned developments?


Mlenak, Steven
Steven G. Mlenak

Greenbaum Rowe Smith & Davis

Mr. Mlenak’s practice is focused in the areas of redevelopment, land use, zoning and real estate development. His...  |  Read More

Parker, Midgett
Midgett S. Parker, Jr.

Linowes and Blocher

Mr. Parker is a partner in the Firm’s Annapolis, Maryland office. While he works primarily on land use and zoning...  |  Read More

Shapiro, Daniel
Daniel C. Shapiro

Founding Partner
Shapiro & Associates Law

Mr. Shapiro practices in the areas of land use, zoning, governmental relations, municipal law, and civil litigation. He...  |  Read More

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