VII. Zoning & Constitutional Protection

Question 1

General Rule re: Zoning Ordinances

Answer 1

Zoning ordinances laws whereby states regulate/restrict land use and physical dimensions of buildings.

Question 2

General Rule re: Zoning Variences

Answer 2

A person may seek a variance from an ordinance, that will be granted if they demonstrate (1) undue hardship and (2) that the public won’t suffer substantial detriment.

Question 3

Whether to Grant a Permit - What will be considered?

Answer 3

Two types: area variance and use variance.

For minor variances on building dimensions - typically meet the test (undue hardship without it + no substantial devaluation risk for neighbors)

Less likely land use variance will be granted (e.g. residential to commercial) - examined carefully, consider neighborhood characteristics.

Question 4

General Rule - Grandfathering

Answer 4

A landowner may argue that their existing nonconforming property would be “grandfathered” in.

They needn’t cease immediately and have a right to continue to operate (but not expand) to recover reasonable investment-backed expectation interest.

Use abandoned = cannot resume.