Land Use Regulation/Zoning Flashcards
What is a zoning administrator?
They administer regulatory scheme.
Has enforcement authority over zoning issues in the locality
What is the board of zoning appeals (BZA)?
Quasi-judicial body
Hear appeals of zoning administration decisions
Power to grant a variance or special use permit
How do you appeal a decision of the zoning administrator? What notice is required?
Give notice to admin and BZA within 30 days after the decision
Appeal goes to BZA
What is a proffer?
Proffer is an offer by a developer to give some other kind of tangible benefit to the locality in exchange for zoning of their project
Grandfathering
Lawful non conforming use existed before zoning regulation
What are restrictions on property grandfathered into zoning compliance?
Cannot:
Enlarge
Structurally alter
Rebuild after substantial destruction
Resume after abandonment (disuse for 2 years)
Does a landowner have a right to develop land under the current zoning law?
No! There is no vested right to develop under zoning laws and a change in zoning is allowed.
What is the rare exception for the right to build under current zoning?
When an investment was made in reliance on a significant government action affecting development rights
When are development rights vested under the exception to zoning development plans?
Locality makes affirmative act supporting planned use
Landowner relies in good faith
Landowner has incurred obligations or expenses towards the planned development
Examples of affirmative acts for vested development rights
Accepted proffer
Approval of application for rezoning
Special use permit grant
Variance approved
Is a purchase of land in reliance of zoning sufficient?
No.
If the BZA denies your appeal, do you have further remedies at law?
Yes. You may seek review in Virginia circuit courts within 30 days
What is the filing called to obtain review in circuit court of BZA denial?
Writ of certiorari
How does the circuit court review a BZA decision?
Review the record of the BZA
Take testimony
What are two grounds to grant a writ of certiorari (reverse BZA decision)?
BZA made an error of law or error of facts
