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Zoning and Land Use Controls
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-10 Zoning and Land Use Controls 10.syn


Recreational Zoning


Originally by Patrick J. Rohan;; Eric Damian Kelly, General Editor

Chapter Summary


Communities across the nation have steadily increased their demand for recreational facilities over the past twenty years. This demand has coincided with legislative and judicial recognition that adequate recreation is directly related to the public health, safety, and welfare, and is also associated with an increased interest in the environment and aesthetics. Several state governments have responded to this demand by enacting legislation to enable counties and municipalities to establish recreational facilities. Additionally, some states have established park and recreation districts to provide activities and facilities for local residents. Yet other legislation explicitly authorizes counties to acquire property devoted to recreational use. Significantly, although recreation was not one of the enumerated purposes of zoning in the initial "standard state zoning enabling act," many jurisdictions now reference it in their respective enabling statutes.

This chapter from Zoning and Land Use Controls examines the methods by which states and municipalities regulate recreational facilities through the express authorization of such uses (permitted uses) and by their express prohibitions of them. Variances and exceptions to these regulations are discussed as means for creating flexibility in zoning ordinances. The chapter also addresses regulation of "structures," including tennis courts and swimming pools, as well as forced dedication of land for recreational use. Finally, the chapter provides a detailed analysis of specific recreational uses.

Zoning and Land Use Controls (Matthew Bender) is a complete guide to practicing real estate law, including coverage of modern zoning trends, such as sign regulation and adult-use businesses; environmental regulation of land use, including controls of air, water, and noise pollution; federal and state regulation, including federal housing programs; traditional zoning issues related to such topics as zoning ordinances, maps, nonconforming uses, variances, and public and private uses; zoning procedures for administrative agencies and judicial enforcement; judicial review; model ordinances; site plans; sample building permits; and zoning application forms.


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Ch. 1 provides an introduction and users' guide.

Discrimination and exclusion in zoning are discussed at Ch. 3.

Ch. 9 addresses exactions, impact fees, and other land development conditions, while development agreements are discussed at Ch. 9A.

Aesthetic zoning is covered at Ch. 16.

Ch. 33 provides coverage of state and regional land use planning and controls.

The objectives and purposes of zoning and land use controls are analyzed in Ch. 34, and sources of zoning power are addressed in Ch. 35.


See Zoning Law and Practice (Matthew Bender) for clear and accurate coverage of zoning issues, with cases from all jurisdictions and various holdings, both pro and con, regarding zoning as a municipal science.

See Land Use Law (Matthew Bender) for in-depth coverage of environmental pressures, fierce debates about growth, and civil rights issues that continue to redraw the boundaries defining land use law.

See A Practical Guide to Winning Land Use Approvals and Permits (Matthew Bender) for practical strategies and advice for obtaining and opposing the requisite approvals and permits, including step-by-step case studies and more than 60 forms that include sample local ordinances, applications for permits, and administrative and judicial proceeding documents.

See Powell on Real Property (Matthew Bender) for expert analysis on all aspects of real property law that is national in scope.

See Thompson on Real Property, Thomas Editions (Matthew Bender) for in-depth coverage of real property law, including analysis of such topics as adverse possession, agricultural and farm law, constitutional impacts on real property, construction and financing, conveyancing, landlord and tenant, inns and innkeepers, petroleum and pipelines, property issues in space law, public and private nuisances, and waste.
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