conditional use Archives

EPA Fining for Dirty Air

If you are a business, plant, whatever and have a lot of traffic/ trucks coming in and out of your lot stirring up dust then EPA might fine you as well. The EPA (Environmental Protection Agency) and the ARB (Air Resources Board) are working together in the fight for clean air.

The Federal Clean Air Act (FCAA) is a federal law that passed in 1970 (last amended in 1990) for national air pollution control effort. The basic elements of the act include: hazardous air pollutants standards, state attainment plans, motor vehicle emission standards, stationary source emission standards and permits, acid rain control measures, stratospheric ozone protection, and enforcement provisions.

ARB mainly focuses on reducing emissions from a growing universe of emission sources which include: Mobile sources ex. commercial trucks, Goods Movement Sources ex. railroads, Gasoline, Diesel, and other fuels, and cargo tanks used to transport products, “Area” sources which individually emit small quantities of pollutants but collectively emit significant emissions, which include chemically formulated consumer products like aerosol coating products or indoor air cleaning devices.

The Air Resources Board also oversees air pollution control and air quality management districts in controlling air pollution caused by industrial sources, such as power plants. ARB’s regulation is the basic principle that the air quality goals can not be met unless compliance is achieved.

The Environmental Protection Agency comes and does some testing to see how the clean the air is, if it is not meeting the local standards the company will have to meet EPA’s recommendations. If they do not they will be fined.

EPA statement about Clean Air

Dust emissions are a public-health and environmental-health concern. Particles can settle in the lungs if breathed in and are associated with various health problems, EPA officials said.

The Air Resources Board continues to be the leader in the world development of innovative air pollution control strategies. This will help protect the public from illnesses caused by air pollution.

Dealing with different types of Zoning

No matter where you live, sooner or later a question about property lines si going to come up. Who’s right and who’s wrong? This land is mine and so on. There are several ways to handle these arguments but first you must know about the Zoning Ordinances, Zoning regulations, and the desired property use.

First we’ll start with Nonconforming Use. This is when there is a conflict between existing property use and new zoning laws. There are two ways that a use may be nonconforming, the first is when the nature or a characteristic of a building doesn’t meet zoning laws. The second is the activity going on in the building does not conform to the law.

An example would be if you were using a factory in a residential area. The nonconforming use can be limited by time. After that specific time is up the property must be converted to conforming use or sometimes destroyed.

Another variation of Zoning is Conditional Use. Conditional Use is when use is allowed by a zoning law, but is subject to certain conditions. For example, a rural/residential are might allow a professional office in the zone if they offer off street parking.

Quite often it requires an approval and confirmation of a conditional use by the zoning laws. The owner would need to follow the application and the approval process with a zoning board and/or the officials.

Variances is another form of common conflict with Zoning. Variances is when a special use permit is an exception to zoning ordinance requirements. Usually you must show some kind of hardship to justify the variance. Such as when an odd shaped lot messes with the requirements and you can not meet the requirements when building a home.

Spot Zoning is when the local land use plans and zoning ordinances contain restrictions on land uses in specific areas outlined in the plan or ordinance. After the local government decides on a zoning plan then the property owners can seek exceptions to the requirements. The owner can either amend the plan or the ordinance or apply for a variance or special use permit.

Every property is different and you may have several options when it comes to finding a solution for your zoning problem. A zoning or land use lawyer can help you find a solution for your zoning problems.

DiJulio Law Group
https://www.dijuliolawgroup.com

(818) 502-1700

EPA cracking down on Air Quality Violations

EPA Fining for Dirty Air

EPA statement about Clean Air

How to deal with Zoning Conflict

Dealing with different types of Zoning