ZONING REGULATIONS

Zoning Regulations

ZONING REGULATIONS

Introduction

Zoning, the regulation of the use of real property by local governments restricted certain areas in residential, commercial, industrial or other purposes. (Sullivan2001) Local governing body considers the character of the property, as well as its suitability for specific purposes. He should adopt rules in accordance with well thought out and comprehensive plan is intended to avoid arbitrary exercise of state power. Comprehensive Plan is a general design to control the use of properties throughout the municipality, or at least most of it. Individual pieces of property should not be isolated for special treatment. For example, one or two parties cannot be placed in a separate zone and subjected to restrictions that do not apply to similar adjoining lands.

Zoning divides the city, town, village or county in separate residential, commercial and industrial areas, thereby maintaining the desired characteristics of each type of installation (Rathkopf Arden Daren 2001). These laws generally limit the size of each zone. Many regulations require certain features of the building and limit the number and location of parking and loading areas and the use of signs. Other rules provide space for schools, parks or other public places.

In some states a municipality has the right to be heard on the proposed zoning in the surrounding community. The courts supported this so-called extraterritorial zoning as exercise police powers of the state, with the aim of serving the common good of both communities and creating harmony among the use of this territory, without regard to political boundaries.

Following New York, which passed its first major ruling of zoning in 1916, most urban communities across the country have zoning (Karen L. Lewyn Michael 2003). Municipalities have the right to zone property only if the government grants its charter or a consequence of the constitutional provisions. Zoning ordinances must be reasonable, since by their nature, they constrain the use of property that owners could use as they chose. The landowner can not complain if the power band used in the public interest and general welfare of the community impartially and without compensation.

The rules must conform to the constitutional prohibition against taking private property for public use without just compensation in accordance with the mandate of the Fifth and Fourteenth Amendments to the U.S. Constitution and the constitutions of states. U.S. Supreme Court decided three cases that had a significant impact in this area: Lucas V. South Carolina Coastal Council, 505 U.S. 1003, 112 S. Ct. 2886, 120 L Ed. 2d 798 (1992), Lujan v. National Wildlife Federation, 497 U.S. 871, 110 S. Ct. 3177, 111 L. Ed. 2d 695 (1990) and Dolan v. City of Tigard, 512 U.S. 374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (Brown James 2002).Making it is more difficult for municipalities to require that land developers give up part of his property for public purposes, such as access to lakeshores, sidewalks, driveways and parks. Is If the government needs land, it must compensate the owner of exercising its power of eminent domain and condemning ...