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Bill to tilt ambiguous zoning decisions "in favor of use" wins support, draws preservation concerns
Summary
Sen. Greg Hertz told the House Local Government Committee that Senate Bill 214 would require ambiguous zoning rules about nonconforming uses be interpreted in favor of the existing use, a change supporters say protects longstanding property rights while preservationists say it weakens local historic-review authority.
Sen. Greg Hertz, sponsor of Senate Bill 214, told the House Local Government Committee the bill would require that ambiguity in zoning regulations over whether a nonconforming use is allowed be interpreted "in favor of the nonconforming use." He said the measure is intended to protect property owners who relied on long-standing uses when local rules were amended.
"An ambiguity or an uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use," Sen. Hertz said.
Proponents ranged from policy groups to individual property owners who…
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