REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Requests for a new designated use are evaluated by local planning and zoning professionals. When the use is not already “permitted” or otherwise allowed in the existing zoning district, a local reviewing body that is appointed or designated by local elected officials, such as a local Planning Commission or Board Zoning Appeals, may also review the request and issue a recommendations to the local elected officials, who issue a final determination.

The process for obtaining permission to implement a new land use involves the submission of an application, the form of which is prescribed by the local planning and zoning authority. The application varies among localities, but typically includes details such as the specific uses (such as office, hotel, retail, warehouse, data centre, shopping centre, residential, gas station); total gross square feet of development and/or number of dwelling units; the lot or building configuration; set-backs from adjoining properties,; type of dwelling units, if applicable; the proposed transportation systems and improvements; parking; building heights; nature and extent of landscaping, pedestrian linkages; architectural style; open spaces; any public amenities, and other details). The local planning and zoning authority will review the application and the accompanying plans, architectural drawings, and other information. Certain elements of the application may be negotiated and refined through an iterative review process with the local planning and zoning authority. A report will be prepared by a planning and zoning professional within the local authority. The report typically provides an analysis and recommendation as to whether the request to implement a new land use should be granted.

Depending upon the type of approval sought and governing zoning ordinance regulations, the local reviewing body may be required to hold a public hearing at which the applicant is typically will be given an opportunity to present testimony and facts supporting approval of the land use proposal. At a public hearing, residents, business owners, and other stakeholders and members of the public will also be given an opportunity to present testimony in favour of or against the proposal.

The local reviewing body will issue findings of fact and recommend whether the request should be granted or denied.

Depending on the nature of the proposal, the final decision on the application will either be made by planning professionals under powers delegated to them by the local elected officials, the local reviewing body or the elected officials.

If the application is denied by the body that issues the final determining vote, an appeal may be submitted to a local appeals board or to local or state courts in the form of a lawsuit challenging the municipality’s action.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Members of the general public have the right to (and quite often do) voice objections to development proposals at public hearings and/or through letters submitted to planning and zoning officials. Third parties that can demonstrate a unique injury, such as nearby residents or property owners, may have the additional right to appeal the grant of consent, including by seeking judicial review.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

A land use and zoning decision which results in denying or approving the request – can be the subject of some form of judicial review. The applicant may appeal a denial to an administrative review body (such as a local Board of Zoning Appeals) or a state or federal court. Certain aggrieved, third parties may appeal a decision that resulted into approval of e an application.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The amount of time for an application to be reviewed and a decision to be made by the local authority depends on the type of approval sought and the particular authority making the decision. Decisions by authorities in more heavily regulated municipalities or states will generally take longer than decisions made by authorities in less regulated areas.

Applications requiring a public hearing or approval by elected or appointed officials may be in process from several months to over a year from the time an application is submitted to the time a decision is made. Applications requiring only the approval of the local planning officer may be processed in as little as a few days or weeks.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Depending upon the type of decision at issue, decisions may be subject to judicial or administrative review.

Applicants typically have the right to seek review/appeal of a denial. In order for third parties (such as an impacted neighbour or community) to seek judicial or administrative review, the parties must allege an injury has been caused by the decision that is unique to them as opposed to one affecting the general population (they must have what is known as (“standing”), such as an injury arising from residing/owning property contiguous to the proposal.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Yes, some forms of development require entering into of an agreement with the municipality under which the developer agrees to do certain things (often called “development conditions” or “proffers”) or make specified monetary contributions to mitigate the effects/impact of its proposed use and development – roads, schools, parks, etc. (often called “impact fees”). Other agreements may relate to the provision of utility services and the installation of utility and/or transportation infrastructure. The type and form of agreement will depend upon the particular, local practice and governing state law.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The time period for development or the carrying on of a designated use is established by local ordinances. If the development on a property is permissible only by an approved application, Local local ordinances may require development of that property to commence within a specific period of time following the approval of the application. Local rule may also establish a finite period of time during which a particular use is permitted to operate, after which the applicant must submit a new application and/or re-appear before the reviewing body for approval of the continuation of the use. In the absence of such a local rule, zoning ordinances typically permit long or very long periods of validity once a use is endorsed by the authorized reviewing body.

Last modified 22 Mar 2024

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Local planning authorities typically employ enforcement officials who are delegated with the authority to serve notices of violation requiring the cessation of the use that is in violation of applicable ordinances. In many jurisdictions, the most effective enforcement mechanism is to issue a moratorium on the granting of any additional approvals, permits, licenses, occupancy permits (or revoking any issued in error) for the property that is in violation of applicable ordinances, thereby “holding hostage” the use that is in violation unless and until compliance is demonstrated. Fines for non-compliance may be imposed, and the local authority may obtain an injunction against the owner of the property to enforce compliance. Some states authorise third parties to enforce zoning ordinances, typically in the form of injunctive relief.

Last modified 22 Mar 2024