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Should Local Government Make Rezoning Decisions Based On Market Conditions?
Let's Stop Rezoning?? (photo by katerha)

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.

1 Comment so far . . .
JGFitzgerald:
Read the book, see the movie.http://www.youtube.com/watch?v=A9QSvrQ2oxQ
July 17, 2010 8:47 am

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