Ass. 30 - zoning and land use regulations Flashcards
Use Zoning
land is divided into districts and in each district only certain uses of land are permitted
who established the zoning code?
municipal legislature (town council)
what is the role of the board of zoning appeals?
- grant or deny variances
- hear appeals from building departments enforcing of zoning laws
what is the role of the planning/zoning commission?
- advises town council on zoning
- does not determine but provides advice
procedural due process actions
legislative actions and administrative (quasi-judicial) actions
legislative actions
notice does not have to be given to each owner affected
- bc applied to the community as a whole
administrative (quasi-judicial) actions
notice must be given as it affects specific owners
substantive due process test
does the ordinance bear a rational relationship to a legitimate state objective/goal
- if yes = valid
non-conforming uses
a use in existence when the zoning ordinance is passed, that is not permitted in the district under the new zoning ordinance
are nonconforming uses allowed to remain?
allowed to remain bc requiring immediate termination would be either a violation of substantive due process or an unconstitutional taking
- may be allowed for a time period only
expanding a nonconforming use
zoning ordinance may prohibit expanding a nonconforming use beyond the precise space it occupied when the ordinance was enacted
nonconforming buildings
zoning ordinance may stipulate that a nonconforming building, if destroyed, cannot be rebuilt w/o complying w the new ordinance
amortization
A zoning ordinance may provide that a nonconforming use must terminate after a specified period of tim
Vested rights
if a person has a vested right, the zoning cannot be changed so as to deny the person a right to proceed
vested rights majority
generally arises when person obtains permit and expends substantial sum in reliance (late vesting)
vested rights minority
rights are vested at the time of application (absent compelling gov’t interest)
vested rights balancing test
- Public vs privacy interest
- Rsbl diligence by the developer
- Totality of the circumstances
spot zoning
- An amendment not in accordance w the comprehensive plan is “spot zoning” and unlawful
- Usually involves the zoning of one lot differently from the surrounding lots
zoning amendments traditional view
Zoning amendment is presumptively valid unless clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare
- The burden is on the person challenging the amendment to prove that it is not in accordance w a comprehensive plan
Euclid rational basis test
b4 a zoning regulation can be abolished, it must be deemed unreasonable and arbitrary
Variance definition
A “relief” from a req or prohibition when compliance would cause practical difficulty or undue hardship
** the hardship must not be self-created
variances by zoning appeal
Zoning enabling acts provide for a board of zoning appeals to grant by way of a variance
What must an applicant show to get a variance?
Applicant must show strong evidence of “practical difficulty” or “unnecessary hardship” that and the variance would not be inconsistent w the overall purpose of the ordinance, or inconsistent w the general welfare of the area
zoning variances basics
if bc of a unique circumstance (an irregularly shaped lot) compliance w a zoning ordinance would cause practical difficulty or undue hardship – a variance may be granted
conditional use permit
Has been predetermined to be appropriate, however, permitting use may have an adverse impact
zoning estoppel test
- Relying in good faith
- Upon some act/omission of government
- Substantial reliance
what is the focus on for zoning estoppel?
The focus is necessarily on the conduct and interest of the owner of the land and the economic hardships that might be brought to bear should the right to complete be denied
