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Purpose Isn't To Take Away Rights
While zoning is often charged as being “dictatorship,” and as depriving property owners of the “right” to use their property as they please, the facts arc that most properties are generally zoned foi the very purposes which the average property owner would voluntarily choose anyway if there were no zoning! This is bound to be so because property logically dedicated to homes is of course zoned residential; lands best used primarily for farming and associated uses as agricultural; and so on for all other types of land.
In reality, zoning bears more heavily upon the I-don’t-care individual and the property ownei bent upon exploiting his situation regardless, of the effect upon the community than it does on the average citizen.Community-minded citizens show consideration foi their neighbors. They tcam-ir with developments around them
The acid test of a zoning ordinance is the reasonableness of it! provisions under existing conditions. This means all things an considered. Courts are quick tc invalidate any requirement which is arbitrary, or capricious, or nol in line with the general well-being of the community. This limitator acts to keep zoning rational and within the bounds of commor sense; and it protects the property owner from willful land unjust regulations.
Because local conditions are often varied, zoning sometimes imposes unintentional hardship on some property owner if required to conform to the strict terms of the ordinance.
State Zoning Acts therefore require every county or township to appoint a Zoning Board of Appeals made up of fellow citizens
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