Ass. 30 - zoning and land use regulations

Question 1

Use Zoning

Answer 1

land is divided into districts and in each district only certain uses of land are permitted

Question 2

who established the zoning code?

Answer 2

municipal legislature (town council)

Question 3

what is the role of the board of zoning appeals?

Answer 3

• grant or deny variances
• hear appeals from building departments enforcing of zoning laws

Question 4

what is the role of the planning/zoning commission?

Answer 4

• advises town council on zoning
• does not determine but provides advice

Question 5

procedural due process actions

Answer 5

legislative actions and administrative (quasi-judicial) actions

Question 6

legislative actions

Answer 6

notice does not have to be given to each owner affected
- bc applied to the community as a whole

Question 7

administrative (quasi-judicial) actions

Answer 7

notice must be given as it affects specific owners

Question 8

substantive due process test

Answer 8

does the ordinance bear a rational relationship to a legitimate state objective/goal
- if yes = valid

Question 9

non-conforming uses

Answer 9

a use in existence when the zoning ordinance is passed, that is not permitted in the district under the new zoning ordinance

Question 10

are nonconforming uses allowed to remain?

Answer 10

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

Question 11

expanding a nonconforming use

Answer 11

zoning ordinance may prohibit expanding a nonconforming use beyond the precise space it occupied when the ordinance was enacted

Question 12

nonconforming buildings

Answer 12

zoning ordinance may stipulate that a nonconforming building, if destroyed, cannot be rebuilt w/o complying w the new ordinance

Question 13

amortization

Answer 13

A zoning ordinance may provide that a nonconforming use must terminate after a specified period of tim

Question 14

Vested rights

Answer 14

if a person has a vested right, the zoning cannot be changed so as to deny the person a right to proceed

Question 15

vested rights majority

Answer 15

generally arises when person obtains permit and expends substantial sum in reliance (late vesting)

Question 16

vested rights minority

Answer 16

rights are vested at the time of application (absent compelling gov’t interest)

Question 17

vested rights balancing test

Answer 17

1. Public vs privacy interest
2. Rsbl diligence by the developer
3. Totality of the circumstances

Question 18

spot zoning

Answer 18

• 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

Question 19

zoning amendments traditional view

Answer 19

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

Question 20

Euclid rational basis test

Answer 20

b4 a zoning regulation can be abolished, it must be deemed unreasonable and arbitrary

Question 21

Variance definition

Answer 21

A “relief” from a req or prohibition when compliance would cause practical difficulty or undue hardship
** the hardship must not be self-created

Question 22

variances by zoning appeal

Answer 22

Zoning enabling acts provide for a board of zoning appeals to grant by way of a variance

Question 23

What must an applicant show to get a variance?

Answer 23

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

Question 24

zoning variances basics

Answer 24

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

Question 25

conditional use permit

Answer 25

Has been predetermined to be appropriate, however, permitting use may have an adverse impact

Question 26

zoning estoppel test

Answer 26

1. Relying in good faith
2. Upon some act/omission of government
3. Substantial reliance

Question 27

what is the focus on for zoning estoppel?

Answer 27

 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