Land Use Flashcards
Land use regulation starts with a comprehensive plan, which sets out a plan for development of land within a local govs jurisdiction
The plan must be reviewed at least once every 5 years
The plan is prepared by the lock planning commission and is designed to set forth a guide as how to use land within the territory
Zoning ordinances
Zoning laws are considered legislative decisions and are presumed to by courts to be reasonable
Any party challenging a zoning decision bears the burden of proof to show that it is unreasonable
Zoning laws are enforced by the local zoning administrator and appeals
Appeals from those decisions are made to the local board of zoning appeals and must be filed within 30 days of decision
A decision from the BZA is presumed correct and will only be overturned by circuit court if plainly wrong
Variances can be granted by the Local Board of Zoning Appeals
Variances can be only be granted if:
1) Strict enforcement of the zoning ordinance would result in undue hardship
2) the granting of the variance would not have substantially detrimental effect on other landowners
Subdivisions and Building Permits
Developers must submit a subdivision plat for approval that lays out their planned development
Local Governments are required to enact a subdivision ordinance, which regulates subdivisions if the preliminary subdivision is not approved, the developer may appeal to the circuit court and must show
1) the decision was not property based on the subdivision ordinance or 2) otherwise arbitrary and capricious
Vested Rights
Virginia law allows for developmental rights to become vested, meaning they will not be affected by subsequent change to zoning law when 3 things are met
1) The developer is a beneficiary of a significant affirmative governmental act (special use permit, preliminary subdivision plan)
2) Has relied on good faith on that act; and
3) has incurred substantial obligations and/or substantial expenses in pursuit of the development
