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Zoning Board of Appeals 2005

January 1, 2005 by l

 
“A zoning law is a community’s guide to its future development. That is its purpose. It is not meant to be just another governmental intrusion, another bit of red tape to be untangled before the property owner can go ahead with his plans. The protections afforded residents and property owners within the community from undesirable development come from the restrictiveness of zoning. Traditionally, zoning is characterized by pre-set regulations contained in the ordinance or local law, and applicable uniformly within each district. A landowner can look at the zoning map and regulations and know that if he follows them, he has a right to use his land in a certain way, and that neighboring property is subject to the same restrictions. But, because all land in the district is subject to the same rules, and because no two parcels of land are precisely the same, problems can arise.

When the first zoning ordinance in this country was passed in New York City in 1916, there was grave doubt that the courts would uphold its constitutionality, since it was a new and, at that time, radical system of land use control. Various “safety valves” were, therefore, included in that first ordinance, in an attempt to relieve the pressure of too rigid enforcement of the zoning ordinance and any attendant hardship, and also to attempt to ensure judicial approval of the new concept. Foremost among these devices was the concept of an administrative body that would stand as a buffer between the property owner and the court, designed “to interpret, to perfect, and to ensure the validity of zoning.” That administrative 1 body is the board of appeals, sometimes referred to as a board of adjustment.”
 
read the entire booklet PDF
 
Coon, James. Local Government Technical Series. New York Stat Division of Local Government Services 2005.
 

Posted in: Legistlation Tagged: appeal, Coon, Division of Local Government Services, legislation, Zoning
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