Land Use Regulation

Question 1

______ is designed to stabilize property uses, conserve the value of property, devote areas to selective uses, and encourage the most appropriate use of land.

Answer 1

zoning

Question 2

Zoning also regulates height, open space, and “permitted uses” by _________ to _________ on a zoning map.

Answer 2

reference to districts

Question 3

A comprehensive plan composed of the zoning ordinance and a map with growth areas designated, must be updated every _____ _____.

Question 4

A _______ ___________ administers the regulatory scheme.

Question 5

The administrator is an enforcement officer, and often issues…

Question 6

A ________________________________ is a quasi-judicial body set up by a locality.

Answer 6

board of zoning appeals (“BZA”)

Question 7

A BZA will commonly have authority to interpret the zoning ordinance, rule on appeals of actions by the zoning administrators, and grant an exception from normal zoning requirements, called __________.

Question 8

In some localities, the BZA is empowered to determine disputed property boundaries, or to allow a landowner to conduct an activity permitted in that zoning district only under specified conditions, called a ____________________.

Question 9

A ___________________ is an appointed group that conducts public hearings as to zoning ordinance and map amendments and makes recommendations to the governing body of the locality.

Answer 9

planning commission; It advises those localities required to adopt and periodically update “comprehensive plans.”

Question 10

A ________________________________ takes final action on the comprehensive plan, zoning ordinance or map amendments after conducting its own public hearing.

Answer 10

governing body such as a city or town council or county board of supervisors

Question 11

Passage, or refusal to pass, a zoning plan, ordinance or amendment may be challenged in court within _________.

Answer 11

30 days.

Question 12

The BZA may hear and decide appeals from orders, interpretations, decisions, and determinations made by…

Answer 12

administrative officers in the administrationb and enforcement of the zoning scheme.

Question 13

Who can make appeals to the BZA?

Answer 13

An aggrieved person, officer, or department affected by a decision of the zoning administrator.

Question 14

Notice of appeal to the BZA must be given to the administrator and the BZA within __ days of the initial decision.

Answer 14

30

Question 15

The BZA may authorize a variance from the requirewments of the ordinance when:

Answer 15

1. Strict enforcement would result in hardship that is not shared by other properties in the zoning district and vicinity, and
2. Granting the variance will not be of substantial detriment to adjacent property or change the character of the district.

Question 16

When granting a variance, the BZA may impose ______.

Answer 16

conditions to the variance.

Question 17

Variances usually deal with ancillary matters, such as..

Answer 17

lot shape, road frontage, or square footage requirements.

Question 18

Are variances freely given?

Answer 18

No. There is strong policy to apply the same zoning standards to all landowners in the locality.

Question 19

Unless denial of the variance denies the landowner of ___ ________ ___ __ ____ amounting to confiscation in violation of Due Process, a variance should not be issued.

Answer 19

all possible use of land

Question 20

As an optional provision, a zoning scheme may include “conditional zoning,” under which an applicant may seek a ___________ ___ ______ to undertake a particular form of development or use of the property.

Answer 20

“conditional use permit”

Question 21

If the conditional zoning request is not granted outright, the applicant may submit written ________ __ __________ in an effort to make the proposal palatable to the locality.

Answer 21

proffers of conditions

Question 22

Proffers of conditions can include self-imposed limits on development, payment for road/other public improvements by the developer, aesthetic enhancements, and any other proposals that, while not legally required, might induce the locality to…

Answer 22

approve the proposal.

Question 23

While the exercise of the zoning power is optional, localities must…

Answer 23

regulate subdivisions.

Question 24

The locality must include the basic provisions set out in Virginia Statutes in its subdivision ordinance, which prescribe provisions dealing with…

Answer 24

1. The content and filing of plats, drainage and flood control
2. Road and drainage construction
3. Coordination with existing streets
4. Creation of public rights of way,
5. Conveyance of shared easements for utilities, and
6. Division of lots between family members.

Question 25

Localities cannot ______ all subdivisions.

Answer 25

outlaw

Question 26

VA Statutes also include optional provisions for subdivision ordinances, such as…

Answer 26

public sewage disposal plans, road paving standards and funding, and off-site road improvements (e.g., turn lanes on other roads).

Question 27

Actions approving or rejecting proposed subdivisions are presumed…

Answer 27

valid.

Question 28

Where approval of a subivision is denied, an applicant may appeal by petition to the circuit court within __ days after the written denial.

Answer 28

60

Question 29

e. Lots, activities or signs that pre-existed the current zoning ordinance and do not meet current standards are called…

Answer 29

nonconforming uses.

Question 30

Prior nonconforming uses are _____________, which means they may continue but cannot be enlarged, structurally altered, rebuilt after substantial destruction, or resumed after abandonment.

Answer 30

grandfathered

Question 31

For the purposes of grandfathered nonconforming uses, _ years of disuse is usually treated as abandonment.

Answer 31

2

Question 32

Nonconforming uses are __________, which means that any grounds for terminating them will be pursued. Thus, over time, it is expected that the updated zoning requirements will apply to all land in the locality.

Answer 32

disfavored

Question 33

Zoning categories and district boundaries are often changed. In general, a landowner has no ______ _____ to develop land in accord with prevailing zoning, and a change made by the locality will be binding.

Answer 33

vested right

Question 34

Landowners have no vested right even if they…

Answer 34

owned the property for a long period of time, or bought it specifically in reliance on the existing zoning classification. If the ordinance changes, the new law generally applies.

Question 35

What are the elements of the rare exception to the “no vested right” rule?

Answer 35

Development rights may become vested if:

1. the locality makes a “significant affirmative act” supporting a particular planned use of the property,
2. the landowner relies in good faith upon that governmental act, and
3. the landowner incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the governmental act.

Question 36

Whar are the 7 examples of significant affirmative acts sufficient to vest a landowner’s right to vest a specific project that are mentioned in the VA Code?

Answer 36

1. the governing body has accepted proffers or proffered conditions which specify use related to a zoning amendment;
2. the governing body has approved an application for a rezoning for a specific use or density;
3. the governing body or board of zoning appeals has granted a special exception or use permit with conditions;
4. the board of zoning appeals has approved a variance;
5. the governing body or its designated agent has approved a preliminary subdivision plat, site plan or plan of development for the landowner’s property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances;
6. the governing body or its designated agent has approved a final subdivision plat, site plan or plan of development for the landowner’s property, or
7. the zoning administrator or other administrative officer has issued a final written order or determination regarding the permissibility of a specific use or density of the landowner’s property.

Question 37

Mere purchase of land in reliance on existing zoning (does/ does not) give a vested right to develop the property in accord with existing zoning.

Answer 37

does not

Question 38

A party (owner, locality or intervener) aggrieved by a decision of a board of zoning appeals may obtain review in the circuit court within _____ days after a decision of the board by filing a petition for a _______________________________in the circuit court

Answer 38

30; writ of certiorari.

Question 39

What are the two bases on which the circuit court will be justified in granting a writ of certiorari?

Answer 39

1. The petitioner can show that the BZA applied erroneous principles of law or was plainly wrong in ruling contrary to the purpose and intent of the zoning law (an “error of law”). This is the standard where misinterpretation of the zoning ordinance is alleged.
2. The petitioner can show, using the administrative record itself OR additional evidence, that the decision was “in error” as to (i) any fact-finding, or (ii) the sufficiency of those facts to meet standards under the local ordinance or state statutes.

Question 40

The BoP to show that the BZA decision was in error is…

Answer 40

satisfaction of the court.

Question 41

______, _______, or _______ are actions amending the zoning ordinance and imposing on one or two parcels a more restrictive or less remunerative development option in place of a more flexible or higher value category.

Answer 41

“Piecemeal,” “spot” zoning or “downzoning”

Question 42

In downzoning, (et. al) instances, the locality’s action is presumed reasonable and the landowner must come forward with some evidence suggesting that…

Answer 42

there have been no changes sufficient to require the re-zoning.

Question 43

If proof suggesting that there have been no changes sufficient to require the re-zoning is presented, the local body may offer contrary evidence showing that…

Answer 43

the prior zoning was mistaken , or that circumstances have changed.

Question 44

Other factors to determine reasonableness of downzoning are…

Answer 44

1. whether the re-zoning was at the locality’s instance
2. whether it affects only one or two parcels of land, and
3. whether the change restricts use of the targeted parcels more than any local “comprehensive plan” calls for.

Question 45

if you lose the BZA appeal in the circuit court, you may appeal to the…

Answer 45

Virginia Supreme Court (not the Court of Appeals)

Question 46

Building codes are implemented by _______.

Answer 46

permits

Question 47

Building ermits are issued routinely for a small fee, and BZA action (is/is not) required to obtain one.

Answer 47

Is not

Question 48

Structural changes normally require the owner to obtain a building permit before…

Answer 48

commencing construction.