8. Zoning Flashcards
What is zoning?
The regulation and restriction of land use and development by local governments.
Zoning laws dictate how land can be used, including residential, commercial, and industrial purposes.
What is the scope of zoning?
Regulations in each district may regulate, restrict, permit, prohibit, and/or determine:
* Use of land, buildings, and structures
* Size, height, area, location, construction, repair, and removal of structures
* Areas and dimensions of land, water, and air-space
* Excavation or mining of soil or other natural resources
What is a Notice of Zoning Violation?
A notice issued to the property owner when a property is found to be out of compliance with the zoning code
What may a Notice of Zoning Violation contain?
Instructions to cease and desist, modify the property, or cure the violation
What happens if the property owner does not comply with a Notice of Zoning Violation?
The political subdivision may:
* Obtain a court-ordered injunction
* Apply civil fines
* Require a zoning violation to be recorded
Are tenants and occupiers liable for zoning violations?
Yes, tenants or other occupiers committing the violation may also be liable
What are Constitutional Limitations in general for zoning ordinances?
The Due Process Clause of the Fourteenth Amendment provides for both procedural and substantive due process
What is Procedural Due Process?
Requires notice and an opportunity to be heard
What is Substantive Due Process?
A zoning ordinance violates substantive due process if it is arbitrary and capricious
Does a zoning ordinance give rise to Equal Protection claims?
Yes, if similarly situated people are treated differently, subject to the rational basis test
Are zoning ordinances subject to the First Amendment?
Yes, if they regulate billboards or aesthetics
What if rezoning is inconsistent with a comprehensive plan for an area?
It must be based on a change of conditions in the land, neighborhood, environment, or public opinion
What does rezoning require?
Procedural due process for a particular piece of land; broader rezoning is legislative
Can an owner petition for a rezoning?
Yes, but a use variance or special use permit is easier to obtain
What is a Nonconforming Use?
a use that was in existence at the time of the zoning change, and was allowed at that time, but is no longer permitted under the new zoning.
