Legal Definitions - view ordinance

A view ordinance is a local law enacted by a city or county government designed to safeguard a property owner's existing view from being blocked by new construction, vegetation, or other obstructions on neighboring properties. These ordinances recognize that certain views, whether of natural landscapes, city skylines, or even access to sunlight, contribute to a property's value and quality of life. They provide a legal framework for property owners to seek remedies, such as the removal of an obstruction or financial compensation, if their protected view is significantly impaired.

While distinct from general zoning laws that dictate how land in different areas can be used, view ordinances often work in conjunction with other city planning regulations, like those setting limits on building or fence heights, to achieve their purpose. Local governments typically implement view ordinances as a valid exercise of their authority to promote public welfare and aesthetic considerations within their communities.

• Example 1: Protecting a Mountain Vista
  Imagine a homeowner whose property is situated on a hillside, offering an unobstructed panoramic view of a majestic mountain range. A new neighbor purchases the adjacent lot and plans to plant a row of fast-growing evergreen trees along their property line, which, once mature, would completely obscure the mountain vista from the first homeowner's living room and deck.

  How this illustrates: In a community with a view ordinance, the homeowner could invoke this law to prevent the neighbor from planting trees that would block their established mountain view. The ordinance would likely specify permissible heights or types of vegetation to preserve such scenic outlooks, allowing the homeowner to demand a modification to the planting plan or even the removal of the trees if they grow to become an obstruction.

• Example 2: Preserving a City Skyline View
  Consider an apartment owner on the upper floor of a residential building in a bustling city, who purchased their unit at a premium specifically for its stunning, direct view of the iconic downtown skyline and a historic bridge. A developer then proposes to construct a new high-rise office building on an adjacent lot that, due to its planned height and placement, would completely block this valuable cityscape view.

  How this illustrates: If the city has a view ordinance in place, the apartment owner might have legal grounds to challenge the proposed height or design of the new office building. The ordinance could allow them to argue that their protected view is being unlawfully obstructed, potentially leading to a requirement for the developer to modify their plans or, in some cases, providing a basis for the apartment owner to seek monetary damages for the loss of their property's unique amenity.

• Example 3: Ensuring Solar Access
  A homeowner has invested significantly in rooftop solar panels, which are optimally positioned to receive direct sunlight for most of the day, greatly reducing their energy costs. A neighbor then decides to build a new, unusually tall privacy fence or a large backyard shed that, during certain times of the day, casts a significant shadow over the homeowner's solar array, drastically reducing its efficiency.

  How this illustrates: While not a traditional "scenic" view, some view ordinances or related solar access ordinances specifically protect a property's access to sunlight, recognizing its utility for solar energy generation. In this scenario, the homeowner could use such an ordinance to argue that the neighbor's new structure is unlawfully obstructing their solar access. This could compel the neighbor to reduce the height of their fence or shed, or potentially lead to compensation for the homeowner's diminished solar energy production.