Land Use Authority Flashcards
What zoning powers do local governments have?
Local governments can regulate land use, building dimensions, and natural resource excavation within zoning districts.
Zoning decisions are presumed reasonable if “fairly debatable.”?
The party attacking the validity of a zoning decision has the burden of establishing that
the decision was not reasonable
What is a comprehensive plan in zoning?
Each governing body must adopt a comprehensive plan for physical development within its jurisdiction, reviewed at least every five years.
What does the Board of Zoning Appeals have the power to do?
-Hear and decide appeals from decisions of an administrative office or by the zoning admin after notice and hearing.
authorize variances
resolve uncertain interpretations of the district map
hear and decide applications for special exceptions or special uses.
What are the requirements for granting a zoning variance?
A variance may be granted if:
- Strict enforcement causes undue hardship not shared by others.
- The variance will not harm neighboring properties.
When are special use permits required?
Zoning ordinances may require permits for certain activities (e.g., airports or certain industrial activities) if the land use is conditional on approval.
What is the process for appealing a zoning decision?
Appeals must be filed within 30 days to the zoning administrator or circuit court.
If filed to CC, there is a prima facie presumption favors the zoning authority’s discretion unless plainly wrong.
When is a nonconforming use allowed to continue?
A lawful nonconforming use may continue if it is not:
Enlarged.
Structurally altered.
Rebuilt after substantial destruction.
Abandoned for over two years.
When may a variance be granted?
A variance may be granted if:
- Strict enforcement of the zoning ordinance would result in undue hardship not shared by other landowners.
- Granting the variance would not substantially harm other properties.
