16 USC 459b-4 - Zoning regulations

U.S Code last checked for updates: Nov 22, 2024

§ 459b–4.

Zoning regulations

(a)

Standards for approval; submission to Congress and municipalities; publication in Federal Register; approval of local bylaws; revocation of approval

(b)

Commercial and industrial use prohibition; acreage, frontage, setback and miscellaneous requirements

(c)

Adverse provisions and absence of notice for variance as requiring disapproval of local bylaws

(d)

Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses; agreements concerning exercise of authority

If any improved property with respect to which the Secretary’s authority to acquire by condemnation has been suspended by reason of the adoption and approval, in accordance with the foregoing provisions of this section, of a zoning bylaw applicable to such property (hereinafter referred to as “such bylaw”)—

(1)

is made the subject of a variance under or an exception to such bylaw, which variance or exception fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in the regulations issued pursuant to this section and in effect at the time of the passage of such bylaw, or

(2)

is property upon or with respect to which there occurs any use, commencing after the date of the publication by the Secretary of such regulations, which fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in such regulations (but no use which is in conformity with the provisions of such bylaw shall be held to fail to conform or be opposed to or inconsistent with any such standard),

the Secretary may, at any time and in his discretion, terminate the suspension of his authority to acquire such improved property by condemnation: Provided, however, That the Secretary may agree with the owner or owners of such property to refrain from the exercise of the said authority during such time and upon such terms and conditions as the Secretary may deem to be in the best interests of the development and preservation of the seashore.

(Pub. L. 87–126, § 5, Aug. 7, 1961, 75 Stat. 290.)

cite as: 16 USC 459b-4