BAR FLASHCARDS - P15 Zoning

Question 1

ZONING, CONDOMINIUMS, AND NATURAL RIGHTS

Answer 1

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Question 2

Zoning

Answer 2

Pursuant to its police powers, government may enact statutes to reasonably control land use for the protection of the health, safety, morals, and welfare of its citizens.
The zoning power is based on the state’s police power and is limited by the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and the “no taking without just compensation” clause of the Fifth Amendment.
Cities and counties can exercise zoning power only if so authorized by a state enabling act.

Question 3

Enabling Acts

Answer 3

Cities and counties can exercise zoning power only if so authorized by a state enabling act.

Question 4

Zoning ordinances are generally invalid if….

Answer 4

Zoning ordinances are generally invalid if they have no reasonable relation to public welfare, are too restrictive, are discriminatory as to a particular parcel, are beyond the grant of authority, violate due process, or are racially discriminatory.

Question 5

THE VARIANCE

Answer 5

• Permission to depart from zoning restriction
• Test: Show UNDUE HARDSHIP that is not self-imposed, plus NO diminution to neighboring property values.

The variance is the principal means to achieve flexibility in zoning. The variance grants a landowner permission to depart from the literal restrictions of a zoning ordinance. What must a proponent of a variance show?
The variance is granted or denied by administrative action, typically in the form of a zoning board. Usually, a variance will not be granted if the hardship has been created by the applicant themselves.

Question 6

THE NONCONFORMING USE (previously allowed use turns nonconforming)

Answer 6

Previously allowed use cannot be eliminated all at once unless just compensation paid.

Elimination of Once Lawful Use: Say a once lawful, existing use is now deemed nonconforming by a new zoning ordinance. Can the once lawful use be eliminated all at once?

Changes to Nonconforming Use: A nonconforming use cannot be extended or intensified in ways that constitute a substantial change, but insubstantial changes are permitted. Owners can make reasonable changes to repair their premises and make them practicable for their purposes. If there is any doubt as to whether a change is substantial or insubstantial, the doubt is resolved against allowing the change.

Question 7

CUMULATIVE ZONING

Answer 7

There are two types of zoning ordinances: cumulative and noncumulative.

Cummulative Zoning: Land ranked and categorized to create hierarchy of uses (single-family home is highest use).
Cumulative Zoning Ordinance: A cumulative zoning ordinance creates a hierarchy of uses of land, where a single-family home the highest use, followed for example by a two-family home (which is a lesser use), and then an apartment building (an even lesser use), and then a strip mall (even lesser), and then a factory (even lesser). Under a cumulative zoning ordinance, land that is zoned for a particular use may be used for the stated purpose (meaning, that particular use) and for what other use?

Noncumulative Zoning Ordinance: Under a noncumulative zoning ordinance, land may be used only for the purpose for which it is zoned.

Question 8

SPECIAL USE PERMIT

Answer 8

Must be obtained even though zoning proper for intended use (hospitals, drive-ins).

A special use permit is one that must be obtained even though the zoning is proper for the intended use.
It is often required for hospitals, funeral homes, drive-in businesses, and so on.