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RECENT STORIES

POLICE POWER OF ZONING

Contributed by: DR. SEAN REIF D.C. on 1/18/2008

Zoning is the application of government to the use of land and improvements. Its early applications concerned dangerous or obnoxious land uses. Zoning laws are used to prohibit certain uses; other areas of the city are allowed to develop to enhance land values.

Local governments often will "spot-zone" properties that will bring the highest current price. Zoning that enhances one property often have the opposite effect on adjacent properties. Undesirable development on the spot-zoned property can cause other owners to suffer decreases in property value. Public officials are wise to provide zoning in a more COMPREHENSIVE BASIS.

The Supreme Court of the United States has held that a community has the right and RESPONSIBILITY to determine the uses of land within its boundaries, provided such determination does not upset the orderly growth of the region.

In 1922, Standard Zoning enables local governments to control the height, area, bulk, location, and use of buildings as long as properties within the Districts are treated uniformly. In 1928, Standard City Planning enables Planning Commissions to prepare a MASTER PLAN; provisions for approval of ALL public improvements by the Planning Commission; standard and procedures for the subdivision of private land; and development of a regional plan and the PARTICIPATION of the local jurisdiction in the regional plan.

These laws stipulate that the owner of land, private or public, can develop the land as he or she sees fit, provided such development isn't specifically restricted by state and local legislation. The basis is the PROHIBITION of undesirable uses, rather than, the promotion of those deemed DESIRABLE. Exclusive dependence upon prohibitions and restrictions are an ineffective method of obtaining desirable land development.

VERMONT PLAN
In order to be approved by the board, the projects must:
*Not result in undue water or air pollution.
*Have sufficient water available for the project's foreseeable needs.
*Not cause an unreasonable burden on existing water supplies.
*Not cause unreasonable soil erosion.
*Not cause unreasonable highway congestion or unsafe highway conditions.
*Not cause unreasonable burden on the ability of a city to provide educational services.
*Not place unreasonable burden on the ability of the local government to provide municipal services.
*Not have an unduly adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas.
*Be in conformance with a duly adopted development plan, land use plan, or land capability plan local or regional.

The private developer will have to demonstrate that his project will not adversely affect the environment and that it is properly planned to consider such factors as traffic generation, waste disposal, air pollution, and impact on adjoining properties.


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Showing 1 of 1 comments
Submitted By: DR. SEAN REIF D.C.
posted on 1/18/2008 @ 1:47:16 PM
Rated Story
Like a caucus, we turn our own best experiences and incorporate that understanding into our own work. We know the value of best methods, and keeping things moving by creating deadlines, and striving not to short circuit the process. We should be discussing these issues in committees, either individually or in small groups where cooperation is emphasized.
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CONTRIBUTOR INFORMATION

DR. SEAN REIF D.C.

THORNTON , CO

DR. SEAN REIF D.C. has posted 1023 stories and 1185 comments since joining on 9/14/2005. DR. SEAN REIF D.C. 's average story rating is 3.04.
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