Zoning Flashcards
Regulatory Actors of Zoning Power
- Zoning administrator
- Board of Zoning Appeals (BZA)
- Planning commission
- Governing Body
Zoning administrator
- enforcement officer for the regulatory scheme
- Often issues violation notices and prosecutes proceedings to compel compliance
- First step for an individual to challenge an ordinance/ask for a variance.
Board of Zoning Appeals (BZA)
- Quasi-judicial body that hears appeals from administrator level
- has authority to interpret zoning ordinances
- In hearing appeals, can grant variances, determine disputed property boundaries, and give special use permits.
Planning Commission
Appointed group that conducts public hearings as to zoning ordinances and map amendments, and makes recommendations/advises localities
Governing Body
City town council or county board of supervisors, takes final actions on comprehensive plan, zoning ordinance, or map amendments after public hearings
Variance Requirements
BZA may authorize variance from the requirements of the ordinance where it is demonstrated that:
1. Strict enforcement would result in hardship, not shared by other properties affected by the ordinance
2. Granting the variance will not be detrimental to adjacent property or change the character of the district
Grandfathering
- Lawful nonconforming uses - pre-existing lots that do not meet current standards
- Grandfathered - can remain as is but cannot be changed, improved, or resumed after abandonment (two years of disuse)
Procedure for challenge after BZA decision
May obtain review in circuit court within 30 days after decision by board by filing a writ of certiorari
Circuit court may review BZA record and take testimony if necessary
Bases where circuit court will reverse the BZA action
* BZA applied incorrect legal rules of was plainly wrong in ruling
* Decision was “in error” as to any fact finding or the sufficiency of those facts to meet standards required
Conditional Zoning
