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Zoning and land access

Becky Antoine

Member
Messages
1
Points
0
I have a parcel of land that borders two cities A & B. The land is in the city of A, and all the zoning laws of city A are being applied. However the only access to the land is through city B.

The restrictions that A is enforcing, is limiting the subdividing of the land, not because of the size, but because their is no access to city A.

Is there any way we could get city B to apply their zoning laws to the land, which would allow us to subdivide the parcel?

Is that legal?
 
Messages
77
Points
4
Without offering a legal opinion, I would suggest that in cases where a parcel is regulated by two different zoning regulations, the Board of Commissioners (elected body) could take action to tranfer zoning powers to the other city via an intergovernmental agreement. But you raise quite an interesting question! I'm not sure who would be in a position to object--after all you'd be doing the property owner a favor, and unless an adjacent property owner had problems with the other jurisdiction's regulations, I don't see much of a legal threat.
 

Charley

Member
Messages
8
Points
0
It doesn't seem that City A would give up its zoning jurisdiction to allow City B to apply its zoning regulations except through an annexation. As the previous poster stated, there could be some sort of intergovernmental agreement that governs similar properties though. I also wonder whether the property is adjacent to a public right-of-way. Typically,jurisdictional lines extend to center lines of roadways. So, the portion of the road that might provide access to the site could actually be the jurisdiction of City A.
 
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