14. Zoning

Question 1

What is zoning?

Answer 1

1) Division of state into districts + Enactment of statutes => Allow/Prevent certain uses + development of land
2) Protect citizens’ health/safety/welfare/morals

Question 2

What are the limitations to zoning?

Answer 2

NOT too restrictive

NOT discriminatory
- Equal protection (14A)

NOT unfair procedure
- Due Process Clause (14A)

NOT taking w/o just compensation
- Taking Clause (5A)

NOT beyond grant of authority
- Ultra vires => Void

Question 3

What is the difference between cumulative and non-cumulative zoning ordinances?

Answer 3

CZO

• Can use land for stated purpose/higher use
• Includes hierarchy of uses
• Can use land for unusual purposes (special use permit required)

NCZO

• Can use land for stated purpose
• Can use land for unusual purposes (special use permit required)

Question 4

What is required for variance from zoning ordinances to be allowed?

Answer 4

1) Owner will suffer unique hardship by ordinance otherwise
2) Variance reasonably related to public welfare

=> Can make variance by granting administrative action

Question 5

What is the difference between covenants and zoning ordinances?

Answer 5

Covenant
- Enforceable by nearby property owners (law/equity)

Zoning ordinance
- Enforceable by local government officias

Question 6

Which takes precedence between conflicting covenant and zoning ordinance?

Answer 6

Covenant

Question 7

Can an existing non-conforming use of the land before the ordinance was enacted be allowed?

Answer 7

Yes

• Change must comply with zoning ordinance (sometimes protected under ‘non-conforming use’ clause in ordinance)
• Amortisation allowed in some states (gradual elimination of such uses, can last up to 10 years)