Land Use Regulation (Zoning) Flashcards
What is the zoning power, generally?
Localities have the power to regulate the use of land as part of the police power. This regulation is called zoning and is designed to stabilize property uses, conserve the value of property, devote areas to selective uses, and encourage the most appropriate use of land.
Zoning also regulates height, open space, and “permitted uses” by reference to districts on a zoning map.
How often must localities update comprehensive plans, composed of zoning ordinances and a map with growth areas?
Every five years
Define the following regulatory actors:
1) Zoning administrator
2) Board of zoning appeals (BZA)
3) Planning commission
4) Governing body
1) A zoning administrator administers the regulatory scheme. The administrator is an enforcement officer, and often issues violation notices and prosecutes proceedings to compel compliance.
2) A board of zoning appeals (“BZA”) is a quasi-judicial body set up by a locality. 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 a variance. 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 special use permit.
3) A planning commission 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. It advises those localities required to adopt and periodically update “comprehensive plans.”
4) A governing body such as a 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. Passage, or refusal to pass, a zoning plan, ordinance or amendment may be challenged in court within 30 days.
What actions are subject to appeal to the BZA?
Who can bring such an appeal?
What is the deadline?
Orders, interpretations, decisions, and determinations made by administrative officers in the administration and enforcement of the zoning scheme
Appeals to the board of zoning appeals can be taken by an aggrieved person, officer, or department affected by a decision of the zoning administrator.
30 days after the decision being appealed.
When may a BZA authorize a variance from the requirements of a zoning ordinance?
May the BZA impose conditions on a variance?
Are variances common?
When 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) that granting of the variance will not be detrimental to adjacent property or change the character of the district.
The BZA may impose conditions in granting variance
No. Variances are not freely given: there is strong policy to apply the same zoning standards to all landowners in the locality. Hence, unless denial of the variance denies the landowner of all possible use of the land, amounting to confiscation in violation of Due Process, a variance should not be issued.
What is a conditional use permit?
What is a proffer and what purpose does it serve?
Authorization to undertake a particular form of development / use of property
Proffers are conditions on land development submitted (in writing) to entice the locality to approve a conditional land use. Examples include: payment for road/sewer/other improvements; aesthetic enhancement s(parks); etc.
Must localities exercise their zoning power?
Must localities regulate subdivisions?
No.
Yes. Furthermore, they must adopt the basic provisions in VA Code concerning subdivision regulation.
What is a lawful non-confoirming use? What is there significance?
Are theses uses favored.
Lots, activities or signs that pre-existed the current zoning ordinance and do not meet current standards.
These uses are “grandfathered,” which means they may continue but cannot be enlarged, structurally altered, rebuilt after substantial destruction, or resumed after abandonment. Two years of disuse is usually treated as abandonment.
No.
Do landowners have binding rights to develop land in accord with prevailing zoning? What’s the exception?
No. Any change made by the locality is binding, regardless of whether the owner bought the property specifically in reliance on existing zoning classifications.
Exception: investment in reliance on a significant government action affecting development rights - the locality must make a significant affirmative act supporting a particular planned use of the property, and the landowner must incur substantial expense in reliance.
For examples, see p. 9 (LOLZ!)
Who may appeal a BZA decision? How? Deadline?
A party (owner, locality, investor) aggrieved by a decision of the BZA may obtain review in the circuit court within 30 days after there decision by filing a writ of certiorari.
What is the presumption in appeals of BZA decisions? When is it overcome?
Zoning laws/decisions by the locality are presumed reasonable and valid, except when:
1) the BZA applied incorrect legal rules or clearly construed those rules incorrectly;
2) petitioner can prove, by preponderance of the evidence, that the decision was in error as to i) fact-finding; ii) the sufficiency of those facts to satisfy local statutes.
What is spot-zoning/downzoning?
Actions amending the zoning ordinance and imposing one one/two parcels a more restrictive/less remunerative development option
May a party appeal a spot-zoning action? What are his chances?
Yes, by presenting evidence that there have been no changes sufficient to require the re-zoning.
Not good. The locality’s action is presumed valid. They need only show that the matter is fairly debatable.
