8. Zoning

Question 1

Zoning Power

Answer 1

♣ Reasonably control land use (cities and counties must be authorized by an enabling act)

♣ Limitation: zoning ordinance must be reasonably related to the public welfare, not too restrictive, and not racially discriminatory

Question 2

Variances

Answer 2

♣ Landowner gets government permission to be exempt or vary from the restrictions of the zoning requirements. Requirements:

1. Undue hardship; and
2. Variance will not be contrary to public welfare.

Question 3

Nonconforming Use

Answer 3

♣ A once lawful existing use for property now deemed nonconforming under new zoning laws.

♣ Amortization: government makes payments to the landowner over a set period of time until landowner recoups the value of the nonconforming use.

Question 4

Special Use Permits

Answer 4

Certain property uses require a special use permit even where zoning generally allows the type of use (e.g. hospital and drive-thru in commercial zoning districts)

Question 5

Exactions:

Answer 5

♣ Condition for government approval of a new development

♣ Condition is usually a payment or gift of property to government to offset the development’s demands on public services
• E.g., due to population increase from a new housing development, govt. will have to install new bus stops and traffic lights in surrounding areas – government can seek some exaction (e.g. payment) from developer

♣ Requirements:
• Exactions are unconstitutional unless they satisfy the following:
o 1. Nexus – there must be a rational relationship (nexus) between the exaction sought by the government and the burden on public facilities and
o 2. Proportionality – exaction must reasonably relate, in nature and scope, to the impact of the development