Land Use Controls and Regulations
Land use is regulated by both public and private controls. Public controls rest on the police power - zoning ordinances, subdivision regulations, building and housing codes, environmental rules - and require no compensation unless a regulation goes so far that it becomes a taking. Eminent domain, taxation, and escheat are the other government powers over land.
Zoning mechanics
Zoning divides a jurisdiction into districts regulating use, height, bulk, density, and setbacks. A nonconforming use legally existed before the ordinance and may generally continue, but it may not be expanded or resumed after abandonment. A variance relieves a hardship peculiar to the property (area variances are easier to obtain than use variances); a special exception or conditional use permit authorizes a use the ordinance lists as allowed subject to conditions. Spot zoning - singling out one parcel inconsistently - is vulnerable to challenge.
Private controls
Deed restrictions, covenants, conditions, and easements run with the land when there is intent, notice, touch-and-concern, and privity. Homeowner associations enforce them by injunction; government does not enforce private covenants.
West Virginia notes
Zoning is local. Counties and municipalities adopt planning and zoning only where authorized and actually adopted, so large areas of the state remain unzoned. Floodplain rules and state environmental permits still apply regardless.
Traps
Variance versus special exception is the classic confusion. Also watch for questions implying a building code violation voids a deed (it does not) or that any reduction in value from regulation is a compensable taking (usually it is not).
Rule of thumb: hardship peculiar to the parcel = variance; listed use with conditions = special exception.