Land Use Regulation

Question 1

zoning power

Answer 1

localities have power to regulate use of land as part of police power. regulation is called zoning and is designed to stabilize property uses, conserve value of property, devote areas to selective uses, and encourage most appropriate use of land. zoning also regulates height, open space, and permitted uses

Question 2

comprehensive pkan

Answer 2

composed of zoning ordinance and map with growth areas designated and must be updated every 5 years

Question 3

zoning administrator

Answer 3

administers regulatory scheme. administrator is an enforcement officer and often issues violation notices and prosecutes proceedings to compel compliance

Question 4

board of zoning appeals

Answer 4

quasi-judicial body set up by locality that has authority to interpret zoning ordinance , rule on appeals of actions by zoning administrators, and grant variances. in some localities, BZA is empowered to determine disputed property boundaries or allow landowner to conduct activity permitted in zoning district only under specified conditions

Question 5

variance

Answer 5

exception from normal zoning requirements that BZA may authorize if it is demonstrated that:

strict enforcement would result in undue hardship not shared by other properties in the zoning district

granting the variance would not be detrimental to adjacent property or change the character of the district.

variances are not freely given. unless denial of variance denies landowner of all possible land use, amounting to confiscation n violation of due process, a variation should not be issued

Question 6

special use permit

Answer 6

permit to conduct activity permitted in zoning district only under specified conditioins

Question 7

planning commission

Answer 7

appointed group that conducts public hearings as to zoning ordinance and map amendments and makes recommendations to governing body of locality. advises localities required to adopt and periodically update comprehensive plans

Question 8

governing body and zoning

Answer 8

city or town council or county board of supervisors takes final action on comprehensive plan, zoning ordinance or map amendments after conducting its own public hearing. passage or refusal to pass plan, ordinance, or amendment may be challenged in court w/in 30 days

Question 9

appeals to the board of zoning appeals

Answer 9

BZA may hear and decide appeals from orders, interpretations, decisions, and determinations made by administrative officers in the administration and enforcement of the zoning scheme. notice of appeal must be given to the administrator and BZA w/in 30 days after the decision

Question 10

conditional zoning

Answer 10

applicant may seek conditional use permit to undertake particular form of development or use of property. if request is not granted, applicant can submit written proffers of conditions in an effort to make proposal palatable to the locality, which can include self-imposed limits on the development, payment for road/sewer/etc, aesthetic enhancement, etc.

Question 11

regulation of subdivisions

Answer 11

localities must regulate subdivisions, prescribing certain provisions set out in VA code like dealing with drainage, road construction, public rights of ways, shared easements for utilities, etc.

localities cannot outlaw subdivisions.

actions approving or rejecting proposed subdivisions are presumed correct. applicants may appeal denial by petition to Circuit Court within 60 days

Question 12

grandfathering of uses in place before zoning restriction

Answer 12

lots, activities, or signs that pre-existed current zoning ordinances and do not meet current standards are called lawful nonconforming uses - which are grandfathered in. they may continue but cannot be enlarged, structurally altered, rebuilt after substantial destruction, or resumed after abandonment (2 years of disuse)

Question 13

vesting of development rights

Answer 13

extremely rare, only happens if:

locality makes a significant affirmative act supporting a particular planed use of the property

landowner relies in good faith upon that act

landowner incurs extensive obligations or substantial expenses in diligent pursuit of the specific project

Question 14

affirmative government acts sufficient to vest landowner’s right to develop a specific project

Answer 14

governing body has accepted proffers or proffered conditions which specify use related to zoning amendment

governing body has approved application for rezoning for specific use or density

governing body or BZA has granted special exception or use permit with conditions

BZA has approved variance

governing body has approved preliminary subdivision plat, plan of development, and applicant pursues approval of final plan within reasonable period of time under circumstances

governing body has approved final plan of development/subdivision plan/etc.

zoning administrator or other administrative officer has issued final written order or determination regarding permissibility of specific use or density

Question 15

appeals of BZA decisions

Answer 15

party aggrieved by decision of BZA may obtain review in circuit court w/in 30 days after decision of board by filing petition for a writ of certiorari in the circuit court

circuit court may review the record made before the BZA or other local governmental body and take testimony if necessary

Question 16

presumptions in circuit court review of BZA decisions

Answer 16

zoning laws and decisions by locality are presumed reasonable and valid.

Question 17

grounds for granting writ of certiorari in circuit court review of BZA decisions

Answer 17

petitioner can show BZA applied incorrect legal rules or was plainly wrong in ruling contrary to the purpose and intent of the zoning law - basically misinterpretation of zoning ordinance

petitioner can show using administrative record or additional evidence that the decision was in error as to fact finding or sufficiency of those facts to meet standards under the local ordinance or state statutes. burden of proof to show BZA decision was in error is preponderance of the evidence

Question 18

appeal to the virginia supreme court

Answer 18

appeal to virginia supreme court may be sought after decision of the circuit court reviewing local zoning matters

Question 19

building permits

Answer 19

building codes are implemented by permit. permits are issued routinely for a small fee and no BZA action is required to obtain one.