Land Use Regulation (Zoning) Flashcards
What is zoning designed for?
stabilizing property uses, conserving value of property, devoting areas to selective uses, and encouraging the most appropriate uses of land
What does zoning regulate?
height, open space, and “permitted uses” by reference to districts on a zoning map
What is a “comprehensive plan?”
Composed of (i) the zoning ordinance, and (ii) a map with growth areas designated.
How often must the “comprehensive plan” be updated?
Every 5 years
Zoning Administrator
- Administers the regulatory scheme
- Is an enforcement officer
- Often issues violation notices and prosecutes proceedings to compel compliance
Board of Zoning Appeals (BZA)
-Quasi judicial body set up by a locality
What authority does the BZA have?
- interpret the zoning ordinance
- rule on appeals of actions by zoning administrators
- grant an exception from normal zoning requirements (aka VARIANCE)
- in some localities, determine disputed property boundaries or allow landowner to conduct activity permitted in that zoning district only under specified conditions (aka special use permit)
Planning Commission
- appointed group that conducts public hearings as to zoning ordinance and map amendments
- makes recommendations to the governing body of the localities
City or Town Council or County Board of Supervisors
Takes final action on the comprehensive plan, zoning ordinance, or map amendments after conducting its own public hearing
Notice of appeal must be given to the administrator of the BZA within ________ after the decision being appealed to the BZA.
30 days
When may the BZA authorize a variance?
Where it is demonstrated:
(i) that strict enforcement would result in undue hardship, not shared by other properties in the zoning district and vicinity, and
(ii) granting the variance will not be detrimental to adjacent property or change the character of the district
“Conditional Zoning”
Applicant may seek a “conditional use permit” to undertake a particular form of development or use of the property.
May localities outlaw all subdivisions?
No.
Is the regulation of subdivisions mandatory or optional?
Mandatory. The locality MUST include the basic provisions set out in the Code in its subdivision ordinance.
Where approval is denied for proposed subdivisions, an applicant may appeal by petition to the circuit court within ________ after the written denial.
60 days
What is “lawful non-conforming use?”
- Lots, activities, or signs that pre-existed the current zoning ordinance and do not meet current standards
- Uses are “grandfathered” but cannot be enlarged, structurally altered, rebuilt after substantial destruction, or resumed after abandonment
How many years of disuse is usually treated as abandonment?
Two years
Development Plans: Almost no thing as __________.
vested rights.
In general, a landowner has no vested right to develop land in accord with prevailing zoning, and a change made by the locality will be binding.
Rare exception: Development rights may become vested if…
(i) the locality makes a “significant affirmative act” supporting a particular planned use of the property,
(ii) the landowner relies in good faith upon that governmental act, and
(iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the governmental act.
Two bases on which the circuit court will be justified in granting a writ of certiorari (reversing the action of the BZA)
(1) petitioner can show that BZA applied incorrect legal rules, or was plainly wrong in ruling contrary to the purpose and intent of the zoning law
(2) petitioner can show 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
What is the burden of proof to show the BZA decision was in error?
Merely a preponderance of the evidence
What is “piecemeal,” “spot” zoning, or “downsizing?”
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
What is the standard of review for spot zoning issues?
If the matter if “fairly debatable,” the action of the locality will not be disturbed by the courts
How are building codes implemented?
By a permit device.
Permits are issued routinely for a small fee, and no BZA action is required to obtain one.
