Should Local Government Make Rezoning Decisions Based On Market Conditions?


Should Local Government Make Rezoning Decisions Based On Market Conditions?
By Scott Rogers • July 17, 2010
In my opinion, there is already more than enough college student in Harrisonburg. That said, a developer will soon be starting a new student housing complex on South Main Street near Valley Lanes. So....maybe Harrisonburg needs a student housing moratorium? Joe Fitzgerald states (at the link above) "We can't flat out ban student housing, but we can stop rezoning more land for it." I never considered that a moratorium on rezoning could be enacted. Several questions then come to my mind.... Is local government overstepping its bounds to create such a moratorium (via not rezoning)? Perhaps not --- local government wouldn't be prohibiting development, just the rezoning for development. So, local government is now making rezoning decisions based on market conditions? Isn't a landowner entitled to make that part of the decision? If a surplus of student housing creates a burden on the locality in some way (based on the new use or non-use of the old student housing??) then perhaps local government ought to factor in market conditions? What does this sort of a moratorium look like? Is this an unspoken stance of local government? Or a drafted and approved policy? Could this be challenged legally? So, perhaps this all comes back to property owner rights? Certainly, a property owner has the right to use or develop their property as the zoning ordinances allows them to do so. But does a property owner have any rights when it comes to rezoning? Are there reasonable, and unreasonable factors that can and cannot be used in a zoning decision? Weight in if you have an opinion -- this raises more questions than answers for me. Receive Updates by Email Recent Articles: There Are Plenty Of Types Of Houses That Exist That Just Are Not Available To Purchase Home Sales By Price Range In The City Of Harrisonburg Are You Compromising On Aspects Of Your Next Home That You Can Or Cannot Change Later? How Much Slower Are The Winter Months In Our Local Housing Market? Rockingham County and New Home Sales Drive Surge in Area Housing Market Find The Balance Between Optimistic And Realistic Home Pricing Room Size Is Difficult To Understand Solely From Real Estate Photos How Much Would You Value Not Having To Prepare Your Home For Showings? One Out Of Four Homes Is Taking Longer Than A Month To Sell Consider The Cost Of Your Planned Renovations When Planning Your Offer
Have any questions? Contact Scott Rogers at 540-578-0102 or scott@funkhousergroup.com
Based on information from the Harrisonburg-Rockingham Association of REALTORS® or its MLS, for the period Jan 1, 2000 through Nov 21, 2024 (unless otherwise noted).
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