Land Use Authority Zoning Flashcards
What are the different classifications of territory a local gov. can regulate?
- The use of land, buildings, and structures for agg., bussiness, industrial, residential, flood plain, + other.
- The size, height, area, bulk, location, erection, construction, reconstruction , alteration, repair, maintinece, razing or removal of structures.
- Thr areas and diminshieons of land, water and air space to be occupied and unoccupied, by buildgins,structures and uses.
- the excataction or mining of soil or other natural resources
What is Zoning Power?
A Local gov can separate land uses into designated zoning districts, which have a fixed set of use and development standards
What is the presumption of a zoning decision ?
Zoning decisions are presumed to be reasonable and valid
What must a party attacking the validity of a zoning decision prove?
The party attacking the validity has the burden of establishing that the decision was not reasonable.
When is a zoning decision considered reasonable?
If the matter under consideration is “fairly debatable” ( ie, when the objective and reasonable persons could come to different conclussions after reviewing the evidence offered in support of opposing views)
What is the comprehensive plan in Zoning?
each gov. body must adopt a comprehensize plan for the physical development of the terriotry within its jurisdiction.
What does a zoning administrator do?
enforces and administers zoning ordinances
What does a planning commission do?
Serves in an advisory capacity “to promote the orderly development of the locality and environs” ; review the comprehensive plan at least once every 5 years.
What is the final hearing for zoning ordinances?
After advice from the planning commish, the local gov. body must vote to accept to accept any zoning ordinance or map amendment at a public hearing after giving proper notice.
What is a board of zoning appeal? and what do they have the power to do?
BZAs have the power to:
- hear and decide appeals from decisions of an administrative office or by the zoning admin after notice and hearing
- authorize variances
- Hear and decide applications for interpretation of the district map when there is uncertainty relating to the location of a district boundary
- hear and decide applications for special exceptions or special uses.
Appealing zoning decisions process
The aggrieved party must deliver a notice of appeal to the administrator and the BZA or file a petition with the clerk of the CC within 30 days of the decision, or the decision cannot be appealed; failure to comply with the 30-day rule may be waived if not timely raised in the CC
What is the presumption in CC in a zoning appeal?
On appeal to the CC, there is a prima facie presumption that the power and discretion of the BZA have been properly exercised.
(BZA’s decision must be plainly wrong before it can be disturbed by the court).
What is conditional zoning?
A zoning reclassification may be allowed subject to certain conditions, proffered by the zoning applicant and aimed at protecting the community
What is a non-conforming use?
Land used in way it is not currently zoned for, may continue without penalty as long as it is not
1. enlarged
2. structurally altered
3. rebuilt after substantial destruction
or
4. abandoned for more than 2 years.
What is a zoning variance?
Allow otherwise impermissible land use to exist.
BZA has exclussice authority to grant varriences.
and may be granted if the landowner shows that
1. strict enforcement of the zoning ordinance would result in undue hardship not shared by other landowners, and
2. the granting of a varience would not be substantially detremintal to other property
