Zoning Commission


The term “zoning commission” refers to a local government body or board that is responsible for overseeing and regulating land use within a specific area, such as a city or county. The zoning commission generally reviews and makes recommendations on zoning ordinances, that set forth how land within the jurisdiction can be used, such as for residential, commercial, industrial, or agricultural purposes. Additionally, the zoning commission is also responsible for considering requests for zoning changes, variances, and special use permits, ensuring that development and land use are in line with the community’s plan and zoning laws.

“It is true that a zoning commission is a local legislative body. It is also true that the power of a court to disturb the decision of a zoning commission is limited. But a zoning commission is not wholly unfettered. When it makes a change of zone, its action must conform to the mandates of 8-2 of the General Statutes. One mandate is that the establishment of zones must be in accordance with a comprehensive plan. While this does not put a zoning commission in a strait jacket with respect to minor details, it does require, as a minimum, that the regulations be in harmony with the comprehensive plan.” Woodford v. Zoning Commission of Town of Ridgefield, 147 Conn. 30 (1959).

“A zoning commission is a quasi-legislative body. It is not required to make findings of fact or state the reasons for the action taken. Its actions are entitled to a presumption of validity. The only question which federal district courts may consider is whether the action of the zoning commission is arbitrary and capricious, having no substantial relation to the general welfare. It necessarily follows that upon a factual showing of arbitrariness there must be some basis in fact and law to justify the zoning action as consistent with reasonableness.” South Gwinnett Venture v. Pruitt, 491 F.2d 5 (5th Cir. 1974).