land use authority Flashcards
zoning power
local gov can separate land into separate zoning districts
zoning decision presumption
presumed reasonable and valid
zoning creation
start with comprehension plan and review every 5 years
how is the zoning enforced?
through local zoning administrator
what if you want to appeal zoning?
go to the board of zoning appeals
they give decision q/n 30 days
if you appeal BZA to circuit court, standard is plainly wrong
what could the BZA grant you?
variance
special use permit
what is a variance? What must you show to get one?
exception to the ordinance
undue hardship + not detrimental to others’ property
what is a special use permit?
allow you to use land in certain way in a certain zoning district
what do I do if i want to create a subdivision?
submit subdivision plot
local gov then enacts subdivision ordinance w/n 60 days
what do I do if i want to appeal local gov decision on my subdivision plot?
go to circuit court w/n 60 days of decision
what do i do if i want to build a home or business?
building permit
what do i do if they change zoning laws during the middle of construction?
I need to get my rights vested
how to get rights vested?
obtain significant affirmative gov act
rely in good faith on this act
incurred substantial expenses
ways for local gov to eminent domain you
take title
physical invasion
condemn
eminent domain
local gov takes private land for public use for just compensation
public use?
public possession, ownership, occupation, and enjoyment of public
elimination of blight
construction and operation of public facilities managed by public corp
how much can gov take?
only what is needed to achieve stated public purpose
can local gov ever take for private gain?
NEVER
job creation, private BA, increate tax revenue, eco development
just compensation?
FMV at time of taking
how is the property value assessed to determine just compensation?
assess under current zoning laws but not current use
when does the local gov need to make a bona fide offer to purchase the land first before going through ED proceedings?
owned by individual
owner unknown
disabled owner
what if the owner rejects the local gov’s offer to buy?
go to circuit court where property located and file ED proceeding
what are the limits for cities and towns disposing land?
CANNOT sell rights to public places, water, or electric w/o 3/4 vote from board
what are the limits for cities and towns leasing public property?
CANNOT grant for period longer than 40 years
60 years for air rights
