8) Zoning + Minors Flashcards
zoning authority
starts in state statute that grants to other subdivisions
zoning: ultra vires
“unauthorized” –> an ordinance beyond the scope of power granted by the state statute
zoning: purpose
ordinances must promote the public health, safety, prosperity, morals, or welfare (bc arises from state polic epower)
zoning: uniformity
ordinances must be uniform for each kind of use in each district – but can vary district / district
zoning: enforcement
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
zoning: challenges
must be able to appeal to local board of zoning appeals, and have an option to appeal to a court
zoning: LL / T
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)
zoning: PDP: variances
entitled to public hearing, noticed to all who might be interested (ex. nearby property owners) + has right of court appeal
zoning: standard of review
when appeal to courts, consider if illegal, arbitrary/capricious, or unsupported by preponderance of evidence
zoning: substantive DP
dn pass RBR (arbitrary + capricious)
zoning: equal protection
RBR if no fundamental right + no suspect classifications
rezoning: def
modifying existing zoning ordinance
rezoning: rule
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
nonconforming use: def
permitted by statutes / ordinance to continue, even tho similar uses not allowed (grandfathered in)
nonconforming use: rule
if destroyed, can’t expand or rebuild
can’t enlarge/alter/extend (often)
sometimes must reduce/terminate
variance: def
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
variance: rule
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
special use permit: def
area isn’t zoned for htis use, but would benefit public welfare + be compatible w the area (public hearing)
conditional use permit: def
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
spot zoning: def
ok zone a parcel or small area for a use/structure inconsistent w the rationale of the overall plan/ordinance
spot zoning: rule
illegal when zoning ordinance is designed solely to serve private interests of 1+ landowners. ok if purpose is to further welfare of entire subdivision
exaction: def
approval of use in exchange for $ or dedicaion of land
exaction: rule
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
closing land sale: steps
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
