8) Zoning + Minors

Question 1

zoning authority

Answer 1

starts in state statute that grants to other subdivisions

Question 2

zoning: ultra vires

Answer 2

“unauthorized” –> an ordinance beyond the scope of power granted by the state statute

Question 3

zoning: purpose

Answer 3

ordinances must promote the public health, safety, prosperity, morals, or welfare (bc arises from state polic epower)

Question 4

zoning: uniformity

Answer 4

ordinances must be uniform for each kind of use in each district – but can vary district / district

Question 5

zoning: enforcement

Answer 5

1) notice of violation
2) cease + desist
3) after these steps, gvt could get court-ordered injunction

gvt can also enforce by daily fines, crim misdemeanor, recording the violation

Question 6

zoning: challenges

Answer 6

must be able to appeal to local board of zoning appeals, and have an option to appeal to a court

Question 7

zoning: LL / T

Answer 7

property owner is always liable for zoning violations, even if committed by T

T who is committing usu also liable

but, LL not liable for the misdemeanor (no intent)

Question 8

zoning: PDP: variances

Answer 8

entitled to public hearing, noticed to all who might be interested (ex. nearby property owners) + has right of court appeal

Question 9

zoning: standard of review

Answer 9

when appeal to courts, consider if illegal, arbitrary/capricious, or unsupported by preponderance of evidence

Question 10

zoning: substantive DP

Answer 10

dn pass RBR (arbitrary + capricious)

Question 11

zoning: equal protection

Answer 11

RBR if no fundamental right + no suspect classifications

Question 12

rezoning: def

Answer 12

modifying existing zoning ordinance

Question 13

rezoning: rule

Answer 13

if rezoning is inconsistent w comprehensive plan for the area, then it must be based on a change of conditions in the land, neighborhood, environment, or public opinion

need PDP, quasi-judicial if specific area. if broader, is legislative

Question 14

nonconforming use: def

Answer 14

permitted by statutes / ordinance to continue, even tho similar uses not allowed (grandfathered in)

Question 15

nonconforming use: rule

Answer 15

if destroyed, can’t expand or rebuild

can’t enlarge/alter/extend (often)

sometimes must reduce/terminate

Question 16

variance: def

Answer 16

permission by local zoning authorities to use property in a manner forbidden by the zoning ordinances in order to alleviate conditions pecuiliar to a particular parcel of property

Question 17

variance: rule

Answer 17

if seeking variance from AREA must show practical difficulties in meeting zoning reqs or that reqs are unreasonable or undue hardship

for USE restriction must show undue hardship

Question 18

special use permit: def

Answer 18

area isn’t zoned for htis use, but would benefit public welfare + be compatible w the area (public hearing)

Question 19

conditional use permit: def

Answer 19

req’d for uses in an area not zoned for those uses but that would be ebeneficial to public welfare/compatible w area
IF certain conditions are met

Question 20

spot zoning: def

Answer 20

ok zone a parcel or small area for a use/structure inconsistent w the rationale of the overall plan/ordinance

Question 21

spot zoning: rule

Answer 21

illegal when zoning ordinance is designed solely to serve private interests of 1+ landowners. ok if purpose is to further welfare of entire subdivision

Question 22

exaction: def

Answer 22

approval of use in exchange for $ or dedicaion of land

Question 23

exaction: rule

Answer 23

only allowed if local gvt can show that increased public need is causally related (essential nexus) to owner’s use AND
amt of exaction is approximately equal to additional pbulic cost

Question 24

closing land sale: steps

Answer 24

1) both parties sign k
2) deposit down payment into escrow
3) deliver contract to entity that will handle closing (title search, abstract, insurance)
4) pay liens in full on closing date
5) draft deed (check type of conveyance, addresses)
6) in commercial transactions must negotiate things sometimes, before closing