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 …

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