Author: community-planning-zoning

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Conflicts of Interest in Land Use Decision-Making

Elected and appointed officials involved in land-use decision making must…

Elected and appointed officials involved in land-use decision making must not be tainted with prejudice regarding on matters that come before them. Such prejudice exists when the individual finds herself with a conflict of interest. A conflict of interest arises when a public servant is in the position of deciding between public duty and private interests. The three most common conflict of interest situations are (1) when the member is …

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The Purpose of the Comprehensive Land Use Plan

The comprehensive plan, also known as a general plan, master plan or land-use plan, is a document designed to guide the future actions of a community.

The comprehensive plan, also known as a general plan, master plan or land-use plan, is a document designed to guide the future actions of a community. It presents a vision for the future, with long-range goals and objectives for all activities that affect the local government. This includes guidance on how to make decisions …

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Zoning Board of Adjustment: Roles and Responsibilities

Understanding Boards of Adjustment in terms of Appeals, Interpretations,Variances,and Discretionary decisions.

 

The zoning board of adjustment

The zoning board of adjustment is known by different names, depending on your state: board of adjustment, board of zoning appeals, zoning board of appeals, board of adjustments and appeals or simply variance board. Likewise, the types and functions of boards of adjustment vary from state to state, depending on the authority granted to them by the state enabling legislation and interpretations of the …

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Permitted Uses, aka "Use by Right"

The term ‘Use by Right’ refers to a property owner’s use of property and structures in manners consistent with that which is listed as permissible in the zoning district in which his or her property is located. A ‘use by right’ is a use permitted in a zoning district and is therefore not subject to special review and approval by a local government. For example, the operation of a book store on property zoned for commercial uses would be considered …

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Accessory Uses in Zoning

Generally, zoning ordinances state that landowners may use their land for a principal permitted use and for activities that are accessory to that use. Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental. The term “accessory use” also applies to accessory structures. For example, a detached garage may be accessory to the residential use of a property because it reasonably related to the principal use as …

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Due Process Considerations in Zoning

The concept of Due Process in the United States flows from the Bill of Rights, as expressed by Amendment V to the U.S. Constitution: “…no person shall be… deprived of life, liberty or property without due process of law…” (emphasis added). This right is re-stated in many state constitutions as well.

The “due process clause” has been vigorously enforced in a long series of court decisions and legislative actions at the state and federal levels which collectively work to limit …

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Elements of a Comprehensive Plan

The Elements of a Comprehensive Plan

What does the comprehensive plan contain? In some states the contents of a comprehensive plan are mandated by enabling legislation, while in others the contents are within the discretion of the local government. While every comprehensive plan is unique, in general, all address four topics: (1) existing conditions, (2) goals and objectives, (3) implementation strategies and (4) the future land-use map.

 

Existing conditions

The existing conditions section is an accurate description …

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Nonconforming Uses, aka "Grandfathered Uses" in Zoning

A nonconforming use is generally defined as a land use or structure that was legal when established but does not conform to the standards of the current zoning ordinance. The term “nonconforming use” actually covers several situations, including nonconforming uses, lots and structures.

Preexisting land uses that do not conform to current zoning are not favored. The ultimate goal of zoning is to achieve uniformity of property uses within each zoning district. At the same time, landowners have …

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