Land use controls - Public - Zoning Flashcards
What is zoning?
Used to mean how a community was divided into geographical districts or zones where particular land uses were allowed. Now means all forms of land use regulation.
When will zoning ordinances be upheld by court challenges?
Zoning ordinances will be upheld against substantive due process and equal protection attack unless it was arbitrary and unreasonable, having not substantial relation to the public health, safety, welfare, or morals.
What is nonconforming use in zoning?
a use of land that lawfully existed before the zoning ordinance was enacted, but does not comply with the ordinance currently.
What are the 3 devices that add flexibility to zoning?
- zoning amendment
- variance
- special exception.
What is spot zoning
rezoning that confers a special benefit on a small parcel of land regardless of the public interest or comprehensive plan. It’s not legal in most jurisdictions.
What is a variance?
An authorized deviation from strict enforcement of the zoning ordinance in a particular case due to special hardship.
what is a special exception?
Use that is authorized by the zoning ordinance if specified conditions are met.
What is exclusionary zoning?
Refers to land-use controls that tend to exclude low-income and minority groups.
What is eminent domain?
When federal, state, or local governments have the inherent power to take private property for public use over an owner’s objection.
What is just compensation in eminent domain cases?
The fair market value of the property when the taking occurs. This means the amount that a willing buyer would pay in cash to a willing seller, it does not consider the sentimental or subjective value the owner may feel toward the property.
What is a regulatory taking?
When the government restriction of the land so restricts the owner’s rights as to become a taking. Thus requiring the payment of compensation.
