Land Use Regulation Flashcards
What is zoning?
The power to regulate the use of land as part of the police power
What is a zoning ordinance?
A local law that elected official pass in a City Council meeting or Board of Supervisors meeting
What components does a zoning ordinance have?
(1) A map
* Shows “use districts” (i.e., describes how land can be used)
(2) Text
* Defines the uses within the districts
What is the significance of a “comprehensive plan”
A comprehensive plan composed of the zoning ordinance and a map with growth areas designated must be updated every five years
Who is the zoning administrator?
Local government employee of a county or city whose job it is to administer the ordinance
* Makes decision about whether proposal is allowed under zoning ordinance
What is the Board of Zoning Appeals?
A quasi-judicial body set up by a locality who 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 (e.g., a variance)
* Could also grant special use permit in some localities, which is conditional approval provided the applicant satisfies the board in some way (i.e., give specified conditions)
What is the “Planning Commission?”
Appointed group that conducts public hearings as to zoning ordinance and map amendments and makes recommendations to the governing body of the locality
What is the “Governing Body?”
City council or board of supervisors, who takes final action on the comprehensive plan, zoning ordinance, or map amendments after conducting its own public hearing
If a party is aggrieved by a decision made by the zoning administrator, to whom may they appeal?
First to the Board of Zoning Appeals, then to Circuit Court
* Must take your appeal after BZA within thirty days of the decision (give notice to administrator and BZA within 30 days after decision appealed to BZA)
When may a BZA authorize a vraiance from requirements of the ordinance?
- Strict enforcement would result in undue hardhsip, not shared by other properties in the zoning district and vicinity (e.g., unfair to you as a landowner)
- Granting variance will not be detrimental to adjacent property or change character of the district
What is a “proffer?”
An offer by a landowner to do something extra to negotiate for a regulatory change
* Under “conditional zoning,” an applicant may seek “conditional use permit” to undertake particular form of development or use of the property
* If request not granted outright, applicant may submit written “proffers” to negotiate
What is the concept of “grandfathering?”
Lots, activities, or signs that pre-existed the current zoning ordinance and do not meet current standards are lawful nonconforming uses, which means they are “grandfathered”
* May continue but cannot be enlarged, structurally altered, rebuilt after substantial destruction, or resumed after abandonment (two years of disuse is abandonment)
What if a developer purchases property in reliance on the current zoning ordinances?
Generally, there is no such thing as “vested rights,” and a landowner has no vested right to develop land in accord with prevailing zoning, and a change made by locality will be binding
Are there any exceptions to the concept of “vested rights?”
Yes–rare exception for investment in reliance on a significant governmental action affecting development rights, which may become vested if:
1. Locality makes a “significant affirmative act” supporting particular planned use of the property
2. Landowner relies in good faith upon that government act AND
3. Landowner incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on governmental act
What is the procedure for appealing decision by BZA?
Obtain review in circuit court within 30 days after decision of the board by filing a petition for a writ of certiorari in circuit court
