| Alan R. Horvath, Attorney at Law |
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
| Real Estate - Land Use |
| Real Estate - Land Use |
Zoning is the means by which the county controls what uses are allowed on any given parcel. It is important that
current zoning be verified. A use that was previously allowed is generally allowed to continue when a zoning change is
made, but the right to continue that prior use can be lost if the use lapses. Therefore, you can not assume zoning
consistent with existing structures if the structures are not in use.
It is possible for a property owner to request rezoning of his parcel. However, such rezoning should not be considered
automatic. The county is constrained by the provisions of the general plan which attempt to lay out legitimate
expectations for all other land owners in the vicinity. A refusal of a zoning request can be appealed in the courts, but
only based on capricious or inconsistent enforcement. The United States Supreme Court has found that the county's
enforcement of zoning regulations is a permissible exercise of the power of the state to regulate property usage for the
public good.
In most zones, there are both permitted uses and conditional uses. A permitted use is something the property owner
has the right to do. No county approval is needed. This does not eliminate the need for building permits, but it does
guarantee the owner the right to use the parcel in the manners identified as permitted for the zone.
A conditional use is one that has the potential to be incompatible with neighboring land uses. A county use permit is
required and may be issued after consideration of the specifics of the project and a public hearing.
current zoning be verified. A use that was previously allowed is generally allowed to continue when a zoning change is
made, but the right to continue that prior use can be lost if the use lapses. Therefore, you can not assume zoning
consistent with existing structures if the structures are not in use.
It is possible for a property owner to request rezoning of his parcel. However, such rezoning should not be considered
automatic. The county is constrained by the provisions of the general plan which attempt to lay out legitimate
expectations for all other land owners in the vicinity. A refusal of a zoning request can be appealed in the courts, but
only based on capricious or inconsistent enforcement. The United States Supreme Court has found that the county's
enforcement of zoning regulations is a permissible exercise of the power of the state to regulate property usage for the
public good.
In most zones, there are both permitted uses and conditional uses. A permitted use is something the property owner
has the right to do. No county approval is needed. This does not eliminate the need for building permits, but it does
guarantee the owner the right to use the parcel in the manners identified as permitted for the zone.
A conditional use is one that has the potential to be incompatible with neighboring land uses. A county use permit is
required and may be issued after consideration of the specifics of the project and a public hearing.
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