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Zoning, Building, and Due Process
I would appreciate any input you can give to the subject matter: due process in zoning and building codes and enforcement.
I am presently studying Luna County Luna Ordinance No. 37, Second Revision. 'This Chapter 37 seems to be a combination building- and zoning code. For example, 37 allows no buildings on lots smaller than two acres (zoning) and imposes state-of-the-art standards for sewage treatment facilities (septic tanks, e.g.) on each lot (Building).
In Article 2, Definitions, Non-conforming uses (grandfathered uses) must be constitutionally recognized, of course. But this grandfather clause imposes, in my opinion, an unconstitutional burden on the land owner; the owner must document that his non-conforming use "existed legally and in conformity with with regulations in effect at the time of establishment of such use...."
This burden flies in the face of the usual presumption of regularity: that an existing condition was valid from the very beginning.
NOTE: I am unable to attach or link to Chapter 37 because the County authorities responsible for putting Ordinances online, has not done so.
Those having any insight into Due Process problems are invited to cite and discuss them.
Thanks.
I am presently studying Luna County Luna Ordinance No. 37, Second Revision. 'This Chapter 37 seems to be a combination building- and zoning code. For example, 37 allows no buildings on lots smaller than two acres (zoning) and imposes state-of-the-art standards for sewage treatment facilities (septic tanks, e.g.) on each lot (Building).
In Article 2, Definitions, Non-conforming uses (grandfathered uses) must be constitutionally recognized, of course. But this grandfather clause imposes, in my opinion, an unconstitutional burden on the land owner; the owner must document that his non-conforming use "existed legally and in conformity with with regulations in effect at the time of establishment of such use...."
This burden flies in the face of the usual presumption of regularity: that an existing condition was valid from the very beginning.
NOTE: I am unable to attach or link to Chapter 37 because the County authorities responsible for putting Ordinances online, has not done so.
Those having any insight into Due Process problems are invited to cite and discuss them.
Thanks.
Tags: Building, Due, Process, Zoning
Views: 0
Replies to This Discussion
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Permalink Reply by Ted Kraft on -
Just located an online (but undated and unsigned) copy of Chapter 37: http://www.smile4uinc.com/ord37.pdf.
Can any of you all tell me what buttons to push to move this discussion from here to the main page? -
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Permalink Reply by KCUF Media on -
Just repost it to your personal blog on this site -- copy and paste the text as needed.
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Permalink Reply by Ted Kraft on
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Thanks, Mike. I have done that, but it would be neat to remove the 'discussion' from this group site.
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Permalink Reply by KCUF Media on
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Just repost it to the main discussion forum as a new topic.
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Permalink Reply by Ted Kraft on
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OK.
This is no place for a SW-New Mexican.
I do I get out of this group? -
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Permalink Reply by KCUF Media on
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This is no place for a SW-New Mexican.
Why is that?
I do I get out of this group?
Look for a link marked "Leave this group" -
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Permalink Reply by KCUF Media on
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This is no place for a SW-New Mexican.
Why is that?
Thank you for the answer to my question. -
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