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Generally, existing development in a community is not affected by the new zoning laws because it is "grandfathered" or legally non-conforming as a nonconforming use, meaning the prior development is exempt from compliance. [93] Consequently, zoning may only affect new development in a growing community.
Nonconforming use in urban planning the use of land that was authorised at the time the use was created but is no longer allowed due to changes made to the zoning restrictions after that time. [1] Secondary suites are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to ...
For example, house A in an area zoned for residential use may have a highest and best use as vacant and a highest and best use as improved that are both residential. A similar house B in a commercially zoned area may have a highest and best use as vacant as development to a commercial development, and the highest and best use as improved may be ...
Exclusionary zoning is the use of zoning ordinances to exclude certain types of land uses from a given community, especially to regulate racial and economic diversity. [1] In the United States, exclusionary zoning ordinances are standard in almost all communities.
Single-use zoning laws can get in the way of creative developments like mixed-use buildings and can even stop harmless activities like yard sales. [73] [unreliable source] The Houston example of non-zoning or private zoning with no restriction on particular land use but with other development code [74] shows a combination of private and public ...
A planned unit development (PUD) is a type of flexible, non-Euclidean zoning device that redefines the land uses allowed within a stated land area. PUDs consist of unitary site plans that promote the creation of open spaces, mixed-use housing and land uses, environmental preservation and sustainability, and development flexibility. [1]
Traditional opponents of APFO legislation include industries affected by moratoria or fees, including realtors, developers, and some Smart Growth advocates. [10] Home costs for some locations that have enacted APFO have experienced increases in housing prices affecting affordable housing, in conjunction with positive effects of relief from school capacity shortcomings.
Generally, zoning is a constitutional exercise of a state's police power [4] to protect public health, safety, and welfare. Therefore, spot zoning (or any zoning enactment) would be unconstitutional to the extent that it contradicts or fails to advance a legitimate public purpose, such as promotion of community welfare or protection of other properties.
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