Legally Permissible Sample Clauses

Legally Permissible. Legally Permissible" is defined in Subsection ------------------- 6.15(a)(iv).
Legally Permissible. Legally Permissible is defined in Section 5.10(a).
Legally Permissible the use must be allowed under public land use controls such as zoning and land use laws with the additional consideration of private covenants and deed restrictions. Legal restrictions affecting the property include the local municipal land use ordinance along with state regulations. The site lies within the Beach-Dune (BD) zoning district. Permitted uses in the BD district include the subject’s use as protective sand dunes.Based on the zoning ordinance, the lots are non-buildable and future development would not be permitted. A change of zoning is not anticipated. Overall, the subject is a legal, conforming. As- is, legal restrictions affecting the property appear to allow for the use.
Legally Permissible. As shown in the zoning section of this report, the subject is zoned C-V, Civic District, under the jurisdiction of the City of Las Vegas. The zoning permits residential uses; however, this zoning is not considered a permanent zoning. Typically, parcels are zoned RE and then re-zoned when a specific use is identified. The subject parcel has been developed with the College of Southern Nevada and has been exempt from obtaining the required zoning changes. In summary, the legally permissible use of the site at this time is for residential development, child care facility or other Highest and Best Use File #07-377 LUBAWY & ASSOCIATES, INC. 48 public uses, on the subject parcel. Assuming that a zone change would be granted, a likely use for the subject site would be office.
Legally Permissible. In this case, one of the key determinations to be made is whether the appraisersconclusions as to the highest and best use are legally permissible. Generally, factors such as private restrictions, zoning, building codes, and environmental regulations, may preclude many potential uses of the property; “[t]o apply the test of legal permissibility, an appraiser determines which uses are permitted by current zoning, which uses could be permitted if a zoning change were reasonably probable, and which uses are precluded by private restrictions on the site.” Id at 338. (Emphasis added)With regard to the probability of a zoning change, The Appraisal of Real Estatestates:In investigating the reasonable probability of a zoning change, an appraiser considers zoning trends and the history of rezoning requests in the market area as well as documents such as the community’s comprehensive plan (or master plan) Even if there is no currentmarket evidence of a zoning change, documented interviews with officials and discussions of zoning practices and histories can be helpful in evaluating the possibility of a zoning change. These interviews may, however, not be “proof” of a likely change or the denial of a change in zoning. Decisions on zoning ordinances are made by elected officials, and the processes are often heavily contested, costly, and time consuming. The outcomes are not known until official actions are taken. Id at 339. Here, Respondent’s appraiser concluded, without further explanation other than a reliance on discussions with, and an Affidavit from, Amy Cyphert3, Respondent’s 3Although the Tribunal recognizes that a party presenting a case before the Tribunal has every right to call, or not call, a witness identified on their Prehearing Statement, it is extremely troublesome to the Tribunal that Respondent did not call Amy Cyphert as a witness in this case. Not only did Respondent specifically identify Ms. Cyphert in its opening statement as a potential witness to be offered in its presentation of its case (Transcript, Vol. 1, p. 6), to present testimony regarding the ease with which a PUD would be granted under the existing R/M Zoning, the “business-friendly nature of the city, the likelihood that a “loop road” would not be needed to access parcel 019, and the interest shown by others in developing the subject property. (Transcript, Vol. 1, pp. 41, 41, 43), but Respondent’s appraiser relied on an Affidavit provided by Ms. Cyphert stating that (i) the subject p...

Related to Legally Permissible

  • Applicable Law; Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey without regard to the principles of conflict of laws. The parties further agree that any action between them shall be heard in Hudson County, New Jersey, and expressly consent to the jurisdiction and venue of the Superior Court of New Jersey, sitting in Hudson County and the United States District Court for the District of New Jersey sitting in Newark, New Jersey for the adjudication of any civil action asserted pursuant to this Paragraph.

  • Applicable Law and Jurisdiction This Agreement shall be governed by Maryland law, and any dispute arising from this Agreement or the services rendered hereunder shall be resolved through legal proceedings, whether state, federal, or otherwise, conducted in the state of Maryland or in such other manner or jurisdiction as shall be mutually agreed upon by the parties hereto.

  • Applicable Law; Severability This Agreement and all Advances granted under this Agreement shall be governed by the statutory and common law of the United States and, to the extent federal law incorporates or defers to state law, the laws (exclusive of choice of law provisions) of the State of Kansas. In the event that any portion of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement that can be given effect without the conflicting provision, and to this end the provisions of the Agreement shall be severable.

  • Applicable Law and Forum This Agreement shall be construed and interpreted according to the substantive law of California, regardless of the law of conflicts to the contrary in any jurisdiction. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in Santa Rosa or the forum nearest to the city of Santa Rosa, in the County of Sonoma.