The Town had a very nice Zoning Map that matched written descriptions of Zones contained in the Zoning Bylaw. It was such a decent map that they eliminated the descriptions. Then GIS took it and perhaps used the descriptions to draw a pretty picture. Then somehow it was adopted at Town Meeting when we were looking at revising the Zoning Line for ONE parcel.
Oh, your parcel was inadvertently changed to be within a different zone without discussion, advertisement or announcement. The GIS map clearly shows it and it was approved at the Town meeting and is on file with the Town Clerk.
Usually there is a provision in the local zoning ordinance, or in state law, that when a property is rezoned the owner must be notified by certified mail, specifically to prevent such a mapping error from taking effect would it occur.
Of course the communist state of Taxachusetts might be different, but in my corner of the world that would not change the zoning as you describe.
More Grumbles>Dave I
Let's not forget that spledeus is out here in the People's Republic of Cape Cod, snugly entrenched in the principality of that Republic of Chatham, home of the 1% of the 1%'ers!!!! (note: Chatham was not part of the American Revolution preferring instead to their own Home rule) 🙂
They make their own laws, and if you want to change them then move somewhere else! 🙂
Around Here Zoning Changes Require Written Reasons
plus notification and public discussion of same.
It cannot be changed by slight of hand.
If the zoning has adversely affected the property's value it may require a reverse condemnation claim.
In all probability it is probably impossible to pick out the property lot numbers on said zoning map, making it only a pretty picture and not a true legal document.
Paul in PA
More Grumbles>Dave I
Hey Don, it's not like I am on Nantucket (where a millionaire mows the lawn of a billionaire).
I have to research the Zoning Map provisions of the Oldest Zoning Law in the Country. Then I have to present the same to the Community Development Department in such a way as to eliminate any doubt.
My last battle was over a flood plain designation. AE13 up against an AE11 and I held the line on the FEMA Map. They questioned by the AE13 did not extend to the 13 contour and I explained the diminishing flood plain zones. The response "We'll take what you say under advisement, but it does not mean that we believe you." They can file the LOMR to change the delineation if they want it so badly.
> Of course the communist state of Taxachusetts might be different, but in my corner of the world that would not change the zoning as you describe.
I think the powers that be call it socialist.
More Grumbles>Dave I
Don, you do have a knack for words. You should write a book. 😉
Back in MI we'd just shoot the cats and an occasional deer or small game if we were hungry or they were eating our garden.. Here in AZ, some folks open carry to go buy groceries with their toddler in the grocery cart. A bit spooky at first, but kind of used to it after 11 yrs. Don't mess with them.
Our zoning problems are about 20 yrs behind you Easterners, and slightly behind the Left Coast folks drifting in.
All right smartie smarts:
MGL CH 40A SEC 3
...No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which may be changed without adoption of an amendment to the zoning ordinance or by-law...
MGL CH 40A SEC 5
...No claim of invalidity of any zoning ordinance or by-law arising out of any possible defect in the procedure of adoption or amendment shall be made in any legal proceedings and no state, regional, county or municipal officer shall refuse, deny or revoke any permit, approval or certificate because of any such claim of invalidity unless legal action is commenced within the time period specified in sections thirty-two and thirty-two A of chapter forty and notice specifying the court, parties, invalidity claimed, and date of filing is filed together with a copy of the petition with the town or city clerk within seven days after commencement of the action...
MGL CH 40 SEC 32
...The publication of a zoning by-law shall include a statement that claims of invalidity by reason of any defect in the procedure of adoption or amendment may only be made within ninety days of such posting or of the second publication and a statement indicating where copies of such by-law may be examined and obtained...
MGL CH 40 SEC 32A
...and a statement that claims of invalidity by reason of any defect in the procedure of adoption may only be made within ninety days after the posting or the second publication...
The map was adopted in 2009. I did not even realize we were changing the map format to a GIS POS.
> I think the powers that be call it socialist.
I may well be far left, but this sounds like a simple case of screwup.
It Is Too Late To Challenge The Zoning...
...per law, but not too late to claim inverse condemnation.
Around here zoning does not get changed without public notice of what the changes would be. Which means you would have to prove the change was not properly done. The description in the law applies to changes legally done. A tough row to hoe.
Inverse condemnation is less work, you take what you can get. If you prove taking without due notice, go for triple damages.
Paul in PA
Or was the map given to the Clerk by mistake?
Unfortunately the online record does not go back before 2008, but in 2009 the revision was specific to the area being revised (see below). I do not recall the zoning map being a subject of Town Meeting before that, so the plot thickens.
The property I am reviewing is a Town owned parcel where some folks want to build a Dog Park. It's non-profit, so I am donating my time. The parcel was purchased by the Town in the 70's and no restrictions were placed on it. The old zoning map shows the parcel in Zone M (Municipal) where a Dog Park is clearly allowed. The GIS Map shows the parcel in Zone M/C (Municipal Conservation) where a Dog Park is not as clearly allowed. Having the Conservation designation will invite a bunch of Conservation Minded Folks to ask why the project is not being reviewed by the Conservation Commission and some other Conservation Minded Folks will stand up to defend every tree to be felled to ensure handicapped accessibility and a field for some Frisbee.
It is within walking distance of my house near a playground we take the kids to often. When this goes through I will have to rescue a dog; well I will have to convince SWMBO to rescue a dog.
Being one of those GIS guys, when we converted our Zoning map from AutoCAD to GIS, we went thru eight (8) drafts before having the final document approved. GIS is a great tool for bringing data together from separate data sources, and it shows you when you've got bad data.
We initially pulled the data from the Assessor's database and corrected the errors there as we found them. The biggest issue is Split Lot Zoning (SLZ). SLZ means there is two zoning types on a single parcel. The only way to accurately represent what they are is to go back to the Ordinance/Resolution that created them. I'm a huge opponent of SLZ.
I was asked to help create a descriptive area for the landfill as it was being expanded and rezoned into more appropriate zoning districts. This created a SLZ situation. I was very relieved a few years later when the Borough hired a surveyor to legally subdivide the property along the described line.
Paul VanDyke
IT Supervisor
Kodiak Island Borough
Kodiak, Alaska
Yeah, the GIS guys did not resolve the SLZ properly, nor did they resolve the parcel based zones correctly. I do not know how they made the layer. It is close, but not as correct as the map from the 80s.
The exact same thing happened here. A R1 zone was incorrectly mapped R3. The city adopted the GIS map as official (gawd only knows why they did such a thing). A developer buys the land to build apartments, the city tells him he can't. He takes them to court, the district court comes down hard on the GIS argument that they have a "disclaimer" making all the mistakes not their fault. The developer won, the city and the GIS department was slapped so hard by the judge that they didn't bother thinking about an appeal.
Typical Notes
This note is included on the GIS Zoning Map.
Zoning interpretations are still legal and location is survey, right?
Typical Notes
the court threw that out, you can't hide behind something like that, so he said, and he is right. IMO
Like saying I'll design a bridge, but then disclaim any liability by saying I don't know what I'm doing.
Typical Notes
If the GIS was officially adopted by the council as their zoning map, I would think that trumps the disclaimer for zoning purposes. The only issue is whether there was required notice to the owners of rezoned property.
Typical Notes
Bill, exactly, the judge was extremely unsympathetic.
