Legal Terms Flashcards
Police Power
Constitutional authority to enforce/make laws that protect public health, safety, and welfare
5th amendment
Private property cannot be taken for public use without fair compensation and due process.
10th amendment
A state has the authority to exercise a power if it’s not in the constitution and the constitution doesn’t say that the state can’t do it.
14th amendment
No state shall create/enforce laws that deprive constituents of life, liberty, happiness, without due process. Laws must be equally applied and equally protected.
Allowed Uses
A use permitted by right without public process and only approved via administrative paperwork.
Conditional Use
A use that would mitigate impacts on neighborhood and must go through public process via planning commission.
Variance
A variance is a waiver from a specific zoning ordinance. It must be based on a hardship due to a unique set of circumstances associated with the property.
Floor Area Ratio refers to…
The maximum amount of square footage permitted on a lot in proportion to the lot area
Zoning
Tool to implement general plan
Role of Planning Commission
Creates/recommends general plan
Role of board of adjustment
reviews variances and appeals
True or false:
A variance may be granted to allow a land use that is not permitted in a zoning district
FALSE