Week 10 - Zoning Flashcards
1
Q
Zoning – MC – Essay
Zoning is easy to mix with regulatory takings. Possible to put it with nuisance and regulatory takings. Creative enough to mix with a lot of things. Practical topic that you will have to interact with as homeowners and property attorneys. !!
A
!!
2
Q
_______: A specialized exercise of the police power.
A
zoning
3
Q
___________ is a restriction upon the use and value of most property.
A
zoning
4
Q
Zoning is a restriction upon the _______ and ______ of most property.
A
use and value
5
Q
Zoning is a _______ upon the use and value of most property.
A
restriction
6
Q
Why was zoning created?
1. ?
2.
3.
A
- Industrialization and urbanization of the United States
7
Q
Why was zoning created?
1.
2. ?
3.
A
- The inefficiencies of nuisance law
8
Q
Why was zoning created?
1.
2.
3. ?
A
- The “perfect storm” of circumstances
9
Q
What is the fundamental defect with nuisance law as opposed to zoning? When would you file a nuisance claim?
A
After you have been injured or harmed.
10
Q
with ______ based solution, you are already injured.
Not great to have our legal remedy we are going to wait until all these people are injured and then try to fix it after they are injured.
A
nuisance
11
Q
The benefit of _________ is that it prevents injuries. All the residential over here and all the industrial over there will be a lot less injuries. House won’t be next to the factory because the houses are over here.
A
zoning
12
Q
________ evolved because we had the perfect storm of circumstances and needed something that would allow for industry but prevent the harm.
A
zoning
13
Q
Zoning tries to avoid being:
A. Arbitrary
B. A Nuisance
C. Unreasonable
D. A and C
A
D. A and C
14
Q
_______ tries to avoid being arbitrary and unreasonable.
A
zoning
15
Q
zoning tries to avoid being _______ and _______.
A
arbitrary and unreasonable
16
Q
Euclid Case is known as the _______ of all ______ cases.
A
grandfather
zoning
17
Q
Lack of ______ this perfect storm was impacting lots of people from different places in the community.
For example, started early 1900s because of conflict over expansion.
Adverse impacts upon wealthy merchants and commercial interests in downtown areas.
Chicago was the primary place that animals raised for food were brought to Chicago to be slaughtered. Chef famous has fancy restaurants, and a slaughterhouse moves in next door. Takes farm to table to a new level.
Challenges for chef: smells, not a lot of air condition – climate control was a challenge. Noise, not the soundtrack you want for the high-end dinner. It was a challenge.
A
zoning
18
Q
Buildings started to become taller and that created issues related to ______ and _____.
Do you want to be the 1 & 1/2 story bungalow next to the High-rise?
Sunlight coming in window helps the plants and helps me see. Tall building all I have is the shadow – plants die, and I have to drive into the office 5 days a week because I cannot see to work at home. Little changes in the form of big buildings can have far reaching effects. The more factories we have the more pollution, the more traffic, unsafe and unhealthy conditions.
A
light and air
19
Q
The ‘Perfect Storm’
Adversity Cut Across All Interests:
*E.g., adverse impacts upon _______ _______ and commercial interests in downtown areas
A
wealthy merchants
20
Q
The ‘Perfect Storm’
Adversity Cut Across All Interests:
*E.g., adverse impacts upon wealthy merchants and ________ _______ in __________ areas
A
commercial interests
downtown
21
Q
The ‘Perfect Storm’
Adversity Cut Across All Interests:
*E.g., all manner of residential, commercial and office users impacted by high rise – losing their ______ and _____, and stifled by congestion
A
light and air
22
Q
The ‘Perfect Storm’
Adversity Cut Across All Interests:
*E.g., need to protect _______ ____________, which were subjected to dangerous industrial traffic, smoke, fumes, etc.
A
residential neighborhoods
23
Q
The ‘Perfect Storm’
Adversity Cut Across All Interests:
*E.g., need to protect residential neighborhoods, which were subjected to dangerous ________ traffic, smoke, fumes, etc.
A
industrial
24
Q
What is the General Police Power?
A
The general police power is health, safety and welfare. The government’s ability to make laws to protect the health, safety and welfare of the people.
25
The ______ _______ _______ is health, safety and welfare. The government’s ability to make laws to protect the health, safety and welfare of the people.
general police power
26
The general police power is _______, _______, and ________. The government’s ability to make laws to protect the health, safety and welfare of the people.
health, safety and welfare
27
_________ is a specialized exercise of the police power that uses planning to organize the community for regulatory purposes.
Zoning
28
Zoning is a __________ ________of the police power that uses planning to organize the community for regulatory purposes.
specialized exercise
29
Zoning is a specialized exercise of the _______ ______ that uses planning to organize the community for regulatory purposes.
police power
30
Zoning is a specialized exercise of the police power that uses ________ to organize the community for ______ ________.
planning
regulatory purposes
31
Local Government Authority to Exercise the Police Power
For specified purposes, THE _______ _______ ENACTS LAW TO DELEGATE TO LOCAL GOVERNMENTS THE AUTHORITY TO EXERCISE THE STATE’S POLICE POWER.
STATE LEGISLATURE
32
Local Government Authority to Exercise the Police Power
For specified purposes, THE STATE LEGISLATURE ENACTS LAW TO DELEGATE TO ______ __________ THE AUTHORITY TO EXERCISE THE STATE’S POLICE POWER.
LOCAL GOVERNMENTS
33
Is there an inherent right to zone?
NO. There is no inherent right to zone.
34
What level of government does zoning generally happen?
local government level
35
Is there an inherent power or right to zone?
NO
36
The _______ ______ resides in the states, all of the states have legislation that can delegate that zoning authority to local governments.
police power
37
The police power resides in the states, all of the states have legislation that can delegate that zoning authority to _______ _________.
local governments
38
How would one zone appropriately?
The US Commerce department advisory committee on zoning. Federal level became something called the standard state zoning enabling act.
- This standard act tells state legislatures the best way to plan cities. Tells them how to divide cities up in ways that accomplish the goal of health, safety and welfare.
- Those ordinances were created to protect health, safety, and welfare.
39
The US Commerce Department Advisory Committee on Zoning:
______ ______ ________ ______ ______
standard state zoning enabling act.
40
This standard act tells state legislatures the best way to plan cities. Tells them how to divide cities up in ways that accomplish the goal of health, safety and welfare.
Standard State Zoning Enabling Act
41
_______ is not a general exercise of the police power.
Zoning
42
Is zoning a general exercise of the police power?
NO
43
______ ________ are established by local governments, e.g., cities and counties.
Zoning regulations
44
Zoning regulations are established by _______ ________, e.g., cities and counties.
local governments
45
Zoning regulations are established by local governments, e.g., ______ and _______.
cities and counties
46
Requires ______ ______ from the state legislature to exercise zoning authority.
express delegation
47
Requires express delegation from the _______ _______to exercise zoning authority.
state legislature
48
Requires express delegation from the state legislature to exercise _______ ________.
zoning authority
49
Is a specialized exercise of the police power: involves the use of community planning to organize land usage in order to achieve legitimate zoning objectives.
Zoning
50
Zoning is a ________ _______ of the police power: involves the use of community planning to organize land usage in order to achieve legitimate zoning objectives.
specialized exercise
51
Zoning is a specialized exercise of the police power: involves the use of ________ _________ to organize land usage in order to achieve legitimate zoning objectives.
community planning
52
Zoning is a specialized exercise of the police power: involves the use of community planning to organize _____ _____ in order to achieve legitimate zoning objectives.
land usage
53
Zoning is a specialized exercise of the police power NOT a general exercise. True or False.
True
54
__________ decides what the public welfare is.
Legislature
55
Refer to Berman v. Parker: “The concept of the _____ ________ is broad and inclusive… The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.”
public welfare
56
Local governments automatically have the power to zone.
A. True
B. False
B. False
57
Fundamental Mechanics of Zoning
Under the Standard Act, Local Government must create:
1.
2.
1. Planning/ Zoning Commission
2. Board of Zoning Appeals "BZA"
58
Creates a comprehensive plan for land usage in the community; and
Recommends a zoning ordinance in accordance with the comprehensive plan (must be approved by City Council)
Divides the community into districts and provides regulations for each district.
Planning. Zoning Commission
59
Planning/ Zoning Commission:
1. ?
2.
1. Creates a comprehensive plan for land usage in the community; and
60
Planning/ Zoning Commission:
1.
2. ?
2. Recommends a zoning ordinance in accordance with the comprehensive plan (must be approved by City Council).
Divides the community into districts and provides regulations for each district.
61
oEnsures that the zoning regulations do not operate inequitably, and
oMay grant variances or special exceptions when needed.
Board of Zoning Appeals ("BZA")
62
Board of Zoning Appeals ("BZA"):
1. ?
2.
1. Ensures that the zoning regulations do not operate inequitably, and
63
Board of Zoning Appeals ("BZA"):
1.
2. ?
2. May grant variances or special exceptions when needed.
64
Standard state zoning enabling act local government have to create different governmental entities. One example of one from the ____________ standpoint would be planning or zoning commission – create the comprehensive plan and recommend a zoning ordinance in accordance with that plan.
legislative
65
Typically, the people on the planning commission have to get it approved by the city council. Divide it into districts and regulate each of the districts. _______ arm and then the ________ arm – board of zoning appeals. Those are the folks that ensure the zoning regulation doesn’t operate unfairly and you go there when you need a variance or special exception.
Legislative
administrative
66
__________: asking for permission to break the law.
Variance
67
Variance: _____________________________
asking for permission to break the law.
68
Example: When cities were originally built in the US like Detroit, we didn’t have cars yet and because no cars we didn’t have garages. Someone’s house with attached garage the house might be this wide and you put garage on side this wide. Once you put garage on it is much wider. Overall lots were narrower. Working with original lot lines that didn’t have attached garages- long skinny lots. Client adjacent to the historic district. Building affordable housing units and ideas of what affordable housing units should look like, they should look like – look suburban – wider lot with bigger space and attached garage and yard space.
Historic – didn’t have attached garages and long skinny lots. Developers who wanted to build suburban model it was easy. Zoning rules change over time, they evolve as society evolves. Most zoning was set that it was easy to build suburban model. Client didn’t like the look – client wanted infeld housing that blended with existing housing stock. Historic looking and narrow lots. Client went to board of zoning appeals and wanted to build on narrow lots because they wanted houses, they built to look like existing housing stock. Ask for a smaller lot.
What does this refer to?
Variance: Permission to break the law.
69
__________ _________ – permission to follow the law.
Special Exception
70
Special Exception - _____________________.
permission to follow the law.
71
A community might decide in a neighborhood of single family detached owner occupied homes that some multi-family dwellings might be appropriate. They don’t want all apartments (don’t want a 155 unit skyscraper to come in) might not mind a four unit town Home development because it might blend pretty well and nice to have different housing options because sometimes people don’t want to own a home.
What does this refer to?
Special Exception - permission to follow the law.
72
_____ _______ – you would have a carve out in the ordinance – apartments permitted with special exceptions. Legislative local government saying we think some apartments are a good idea, but we would like to vet them first. Come before the board of zoning appeals and show us your plans for what you are trying to build.
Special exception
73
Largest Area of Community: Classified in Residential District(s)
Districts may be provided for housing in various forms:
1. ?
2.
3.
4.
1. Owner occupied single family detached homes
74
Largest Area of Community: Classified in Residential District(s)
Districts may be provided for housing in various forms:
1.
2. ?
3.
4.
2. owner occupied attached housing
75
Largest Area of Community: Classified in Residential District(s)
Districts may be provided for housing in various forms:
1.
2.
3. ?
4.
3. owner occupied housing units within multi-family buildings
76
Largest Area of Community: Classified in Residential District(s)
Districts may be provided for housing in various forms:
1.
2.
3.
4. ?
4. Rental Apartments
77
Most communities devote the majority of land space to __________ ___________.
Residential housing.
78
Fundamental Mechanics of Zoning
Regulations for the Districts might stipulate the following:
1. ?
2.
3.
4.
5.
6.
1. Height of buildings
79
Fundamental Mechanics of Zoning
Regulations for the Districts might stipulate the following:
1.
2. ?
3.
4.
5.
6.
2. Size of buildings
80
Fundamental Mechanics of Zoning
Regulations for the Districts might stipulate the following:
1.
2.
3. ?
4.
5.
6.
3. Percentage of the lot that can be occupied.
81
Fundamental Mechanics of Zoning
Regulations for the Districts might stipulate the following:
1.
2.
3.
4. ?
5.
6.
4. Size of yards, courts, and open spaces
82
Fundamental Mechanics of Zoning
Regulations for the Districts might stipulate the following:
1.
2.
3.
4.
5. ?
6.
5. Density of population
83
Fundamental Mechanics of Zoning
Regulations for the Districts might stipulate the following:
1.
2.
3.
4.
5.
6. ?
6. Location and use of structures and land for trade, industry, residence, and other purposes.
84
zoning doesn’t just stipulate where we put everything. It has regulations as well. True of False.
True
85
Why do you think they are worried about the _________ _________? Thinking about police power, health, safety, and welfare.
Traffic Congestion Issues: Previously a road that had 115 houses on it and now is an apartment complex with 100 units on it. Do we need more stop signs, do we need a traffic light.
Health and safety concern related to population density – access to electricity, water, internet.
Rural community where no city trash service and is the county dump going to be big enough to accommodate or is there private companies that can be paid to get trash from driveway.
Homeowner in Knox county as opposed to Knox city. – we have to pay for fire. If you have to dial 911 – you have to pay 1,000K an hour unless you pay for fire protection.
Other challenges unique to Knoxville – call 911 the country rescue department comes out, volunteers sometimes – I am still 2/13/24 – Ambulance took Annabelle 3 miles from school to children’s, and they wanted to charge 13,500 and they administered no medical care. That company is not a Knox county EMT, it was AMR Medical Response – private company prying upon people in emergency situations. Thinking about it from other jurisdictions. EMT in Tampa.
Infrastructure Standpoint: water, eclectic, sewer, fire, police, health department all services you need is their access?
Population Density
86
__________: developer goes to county and seek approval for fancy new subdivision. 250 houses. Rural community is a lot of people in the area. County says we will only approve permit if you pave the road that was dirt and if you buy a new fire truck for the fire house because we only have one truck and it cannot service another 250 houses and you pave that road and buy a truck, we will approve the petition. Falls under regulatory takings and exactions. Certain circumstances that is okay to do.
Exaction
87
Village of Euclid v. Ambler Realty
The Grandfather of All Zoning Cases
Zoning in general is __________, certain provisions could be held to be arbitrary and unreasonable, and they will be delt with on a case-by-case basis.
constitutional
88
Village of Euclid v. Ambler Realty
The Grandfather of All Zoning Cases
Zoning in general is constitutional, certain provisions could be held to be ________ and ________, and they will be delt with on a case-by-case basis.
arbitrary and unreasonable
89
Concept of Euclidean Zoning: Trying to protect the most: ___________ __________.
residential housing
90
R1 – only single-family residential housing detached and owner occupied (detached: freestanding not a connected townhouse.
R2 – Townhomes, duplexes. Multi-family but not high density.
R3 – Apartment homes – high density multi-family housing.
U1
U2 – offices/ business
U3 – Industry / Factories
R1 can live anywhere they want but only R1 people in the R1 district.
R2 can live anywhere they want except R1 district.
What does this refer to?
Concept of Euclid Zoning
91
Everybody had a different idea and whether zoning was okay in the US. This is the case that said yes zoning is constitutional unless it is arbitrary and unreasonable.
Euclid - Grandfather of all zoning cases
92
Particular method of EZ that you see in the diagram where we keep parts so separated in the residential context– that is NOT the mainstream approach today. !
!
93
Village of Euclid v. Ambler Realty
The Grandfather of All Zoning Cases
COURT SCRUTINIZES ZONING IN TERMS OF TWO TYPES OF OBJECTIVES BEING PERSUED:
1. The objective of anticipating that certain uses will result in actual nuisances in residential districts, and allow such uses to be proactively prohibited within such districts.
2. The objective of excluding from residential districts uses which are not nuisances, e.g., business, trade of every sort, and even apartments and hotels, where such exclusion will create a nicer place to live and raise a family.
!!
!!
94
TEST FOR DETERMINING WHETHER ZONING IS VALID AS APPLIED TO A PARTICULAR PROPERTY:
In order to successfully challenge a _______ _______, a plaintiff has the burden of proving that such regulation is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.
zoning regulation
95
TEST FOR DETERMINING WHETHER ZONING IS VALID AS APPLIED TO A PARTICULAR PROPERTY:
In order to successfully challenge a zoning regulation, a _______ has the burden of proving that such regulation is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.
plaintiff
96
TEST FOR DETERMINING WHETHER ZONING IS VALID AS APPLIED TO A PARTICULAR PROPERTY:
In order to successfully challenge a zoning regulation, a plaintiff has the burden of proving that such regulation is clearly ________ and _________, having no substantial relation to the public health, safety, morals, or general welfare.
arbitrary and unreasonable
97
TEST FOR DETERMINING WHETHER ZONING IS VALID AS APPLIED TO A PARTICULAR PROPERTY:
In order to successfully challenge a zoning regulation, a plaintiff has the burden of proving that such regulation is clearly arbitrary and unreasonable, having no _________ _______ to the public health, safety, morals, or general welfare.
substantial relation
98
TEST FOR DETERMINING WHETHER ZONING IS VALID AS APPLIED TO A PARTICULAR PROPERTY:
In order to successfully challenge a zoning regulation, a plaintiff has the burden of proving that such regulation is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or _______ _______.
general welfare
99
Does Euclidean zoning cause segregation by class?
It could. It causes racial segregation as well. Has historically and argue that it still is.
100
Why might zoning not equal a taking?
In the modern era. Why is it still constitutional? why is it not a taking?
Eminent domain the government can do things and when they do that, they should pay you money. Why doesn’t ambler get compensation here? They get hit with regulation that takes away 75% of the value of their land, why is it not a taking – it gives you value in return for the restriction on your property.
That restriction is still imposed even though not in your deed because yes you are harmed but your benefit is no one else can either. Property is more valuable because your neighbors are not going to build a gas station in the backyard either.
Sell flowers from the front yard – zoned residential – the great news is – my next-door neighbor can’t open an adult entertainment establishment or loud bar.
Property rights are restricted but I am getting something out of it and that is why I am not suffering a taking.
