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The Urban Lawyer Vol. 11, No. 3 (Summer, 1979) , pp. 435-451 (17 pages) Published By: American Bar Association https://www.jstor.org/stable/27890894 Read and download Log in through your school or library Alternate access options For independent researchers Read Online Read 100 articles/month free Subscribe to JPASS Unlimited reading + 10 downloads Read Online (Free) relies on page scans, which are not currently available to screen readers. To access this article, please contact JSTOR User Support. We'll provide a PDF copy for your screen reader.With a personal account, you can read up to 100 articles each month for free. Get StartedAlready have an account? Log in Monthly Plan
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Journal Information The Urban Lawyer is a quarterly journal containing substantive articles about issues such as eminent domain, workplace violence, and arbitrage. Publisher Information With nearly 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. Rights & Usage This item is part of a JSTOR Collection. Once zoning ordinances are established by the local legislature, it is possible to appeal the zoning decision and to subsequently try to change the local zoning ordinance. Minnesota Statute § 462.357 subdivisions 3 through 6 addresses these processes. Local property owners that are affected by a zoning ordinance may raise an appeal. Changing a local ordinance can be done by the local governing body, the
planning agency, or by a petition of the affected property owners. When an amendment to an ordinance is passed, it declares the specific changes made to the ordinance. When a property owner wants to appeal a zoning ordinance, they must present their case to the Board of Adjustment and Appeals. The Board of Adjustment and Appeals is established by the local governing body. Most appeals of zoning ordinances arise from alleged errors in determining whether
or not there has been a violation of the zoning ordinance. The Board of Adjustment and Appeals both hears and decides the appeals cases. At any point after an ordinance is adopted, an amendment can be proposed to change part or all of the existing ordinance. In order to be successful, an amendment must get a majority vote of the governing legislative body. An amendment to change all or part of the existing classification (meaning from residential to commercial, or commercial to
industrial), the amendment needs a two-thirds majority vote to pass. Public Zoning Ordinance Amendment HearingIt is required that there be a public hearing about an amendment, held by the planning agency or the governing body. There must be notice of such a hearing, usually required to be in the newspaper of the municipality. If a proposed amendment affects an area of five acres or less, all property owners that live within 350 feet of the land in question must receive notice in the mail at least ten days before the hearing. City officials are given broad discretion to make decisions relating to the land use ordinance. In order for the board’s decision to remain acceptable, it must have a rational basis for allowing or denying the zoning amendment. The board cannot make a decision that is “arbitrary, capricious, discriminatory, or illegal.” Sun Oil Co. v. Village of New Hope, 220 N.W.2d 256, 263 (Minn. 1974) (citations omitted). There is recourse for individuals and property owners who believe that the zoning ordinances are improperly established and enforced. An individual may appeal a decision regarding their own property, as well as seek to have the ordinance amended and changed. The process for both forms of recourse can be lengthy, and it may be difficult to achieve an ideal outcome. Challenging a Zoning Ordinance in CourtChallenging a zoning ordinance in court requires a showing that there is direct and adverse affects caused by the ordinance. In most jurisdictions, it is required that all available administrative remedies be exhausted prior to challenging the ordinance ?@in court. There are some exceptions to this requirement in cases where the local zoning board lacks the authority to grant relief from the particular restriction in question. What Are Zoning Ordinances?Zoning ordinances are city and county regulations pertaining to land use and development. State and federal governments do not typically engage in land use regulations. The purpose of zoning ordinances is to divide an area or municipality into various zones. The areas of land use that can be regulated through zoning ordinances are the following:
Within these zones, the county or city will incorporate additional restrictions. These restrictions include the type of buildings are allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, number of rooms, floor space, and minimum cost of buildings. Residential regulations include restricting property from single-family homes or townhouses. Additionally, in areas of cultural significance, zoning regulations may require that the locales be preserved for historical purposes. What Administrative Remedies May Be Available to Me?If been denied the ability to develop a piece of land owned due to a zoning ordinance, a person may seek one or more of the following administrative remedies from the zoning board:
Once you have sought and been denied one of these remedies, you may challenge the zoning ordinance in court. What Do I Need to Prove in Order to Repeal a Zoning Ordinance in Court?In order to repeal a zoning ordinance, it must proven that the person has been negatively affected by the ordinance. This can be proven by demonstrating that the ordinance had the effect of decreasing the value of your property. Additionally, it can be proven if it prevented a person from engaging in your profession on your own property. The court will examine the following factors to determine whether to grant relief or uphold the zoning ordinance:
Should I Contact a Property Attorney About My Zoning Problems?An experienced real estate attorney can offer the expertise to deal with any zoning problems, including seeking administrative remedies or challenging a zoning ordinance in court.
Kirin received a degree in Business Administration, with focus on Marketing and Finance, from the University of San Diego. She continued on to Lincoln Law School of San Jose where she received her J.D. and made her university’s Dean’s List every year. Kirin covered a wide range of topics in-depth, from issues with sexual harassment, divorce, creating a will, and car accidents. Kirin helped formulate comprehensive guides for our readers to see the full picture of otherwise complex issues. You can learn more about Kirin and follow her at her Linkedin page.
Jose Rivera Managing Editor Editor Last Updated: Apr 18, 2018 Law Library Disclaimer How do I change my local ordinance?Changing a local ordinance can be done by the local governing body, the planning agency, or by a petition of the affected property owners. When an amendment to an ordinance is passed, it declares the specific changes made to the ordinance.
How are local ordinances enforced?Civil Enforcement
A city or county can file a civil lawsuit to enforce a law, remedy a wrong, or protect a right. If someone is violating an ordinance, the city or county may sue for an injunction, civil penalties, or both. An injunction is a court order requiring a party to take or refrain from certain action.
Who can enforce city ordinances in Texas?54.001. GENERAL ENFORCEMENT AUTHORITY OF MUNICIPALITIES; PENALTY. (a) The governing body of a municipality may enforce each rule, ordinance, or police regulation of the municipality and may punish a violation of a rule, ordinance, or police regulation.
How do you pass an ordinance?An ordinance must be read and adopted by a majority vote of members present at two meetings of the governing body not less than 12 days apart. After the first adoption and reading, it must be posted and copies must be made available to the public (7-5- 103, MCA).
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