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A - Property 2 > Week 10 - Zoning 2 > Flashcards

Week 10 - Zoning 2 Flashcards

1
Q

How do we know when zoning is unconstitutional?

A

If it is arbitrary and unreasonable then pursuant to the standard from Euclid a court will likely find it to be unconstitutional.

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2
Q

How do we know when zoning is unconstitutional? If it is ________ and ________ then pursuant to the standard from Euclid a court will likely find it to be unconstitutional.

A

arbitrary and unreasonable

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3
Q

What is it that a local government can do to try to keep their zoning from being arbitrary and unreasonable?

What procedural safeguard can the city institute?

A

Comprehensive Plan

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4
Q

If a _________ ________ in place houses over here, schools over here, parks next to that, businesses retail commercial office, and then factories. Problem uses far away from the residential.

A

comprehensive plan

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5
Q

If you are attempting to have your zoning ordinance upheld, you will have drafted a __________ ________ in conjunction with that __________ __________.

A

comprehensive plan

zoning ordinance

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6
Q

When people come to the _______ _____ ______ _________ seeking variances or special exceptions we can look back at our comprehensive plan as we make decisions.

A

board of zoning appeals

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7
Q

When people come to the board of zoning appeals seeking ________ or ______ ________ we can look back at our comprehensive plan as we make decisions.

A

variances

special exceptions

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8
Q

When people come to the board of zoning appeals seeking variances or special exceptions we can look back at our __________ __________ as we make decisions.

A

Comprehensive plan

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9
Q

Example: subdivision didn’t sell of its lots the way it thought it would and there is a big space at the front of the subdivision that is empty. Developer would like to do something with it. Perhaps the hustler club or some other adult entertainment establishment has been looking for just the right place. Would it be a good idea to put the adult entertainment at the beginning? I don’t know let’s look at the ___________ ________. Where are the other adult entertainment establishments? They are all within x number of feet from the closet residence and this is not so maybe this is not the best place for the adult entertainment.

A

Comprehensive plan

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10
Q

As ___________ and ______ _________are trying to figure out how to use zoning to maximize productivity and land values and to minimize nuisances there are a lot of things being taken into consideration.

A

municipalities

local governments

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11
Q

Prevent harms: by dividing the community into _____ ________ and putting the residential over here and the industrial over there, we are preventing that nuisance-based harm.

A

use districts

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12
Q

Different __________ in each district. Fancy part of town – McDonalds signs are short and classier. No signs that are taller than the height of the buildings. Zoning can regulate things like signage: height, brightness, placement, size, distance from the road, how you use things.

A

regulations

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13
Q

Legislative body either drafts or authorizes the ordinance. ________ _________ might write it but the city council, the local legislative body approves it and then the board of zoning appeals deal with administrative matters.

A

Planning Commission

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14
Q

legislative body either drafts or authorizes the ordinance. Planning commission might write it but the city council, the local legislative body approves it and then the ______ _____ ____ ______ deal with administrative matters.

A

Board of Zoning Appeals

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15
Q

__________ ________: Uses which are permitted as of right. Yes you can build your house here, the zoning ordinance says this is where houses get built.

A

Administrative Matters

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16
Q

Administrative matters: Uses which are permitted as of right. Yes you can build your house here, the _______ _________ says this is where houses get built.

Or do you want to use it in a way that is permitted only after special approval? Are you seeking a _______ or ______ ______?

A

zoning ordinance

variance or special exception

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17
Q

How many types of variances are there?

A

2

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18
Q

A type of business that wasn’t usually there. Business closer to the road than it is supposed to be. Numerical aspects of the business. Anything dealing with numbers.

What kind of variance is that?

A

Area Variance

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19
Q

Doing renovations on my house or building a new house from scratch. I have this idea of how I want the master bath to look and to make it spacious I want a jetted tub.

I have hired this architect, and they are not cheap, and I have paired all this money, and they show me my dream master suite and I have an awesome tub. Only problem if we can figure it the way that makes sense from a plumbing standpoint it is not 20 feet from the road like the zoning ordinance says it has to be because it is only 17.5. The neighbors might say it is too close to the road. I don’t want to build something that violates the law because they could penalize me through whatever mechanisms they have through their zoning code enforcement.

What is this an example of?

A

Area Variance

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20
Q

Doing renovations on my house or building a new house from scratch. I have this idea of how I want the master bath to look and to make it spacious I want a jetted tub.

I have hired this architect, and they are not cheap, and I have paid all this money, and they show me my dream master suite and I have an awesome tub. Only problem if we can figure it the way that makes sense from a plumbing standpoint it is not 20 feet from the road like the zoning ordinance says it has to be because it is only 17.5. The neighbors might say it is too close to the road. I don’t want to build something that violates the law because they could penalize me through whatever mechanisms they have through their zoning code enforcement.

Why am I actually not able to do that? Why can I not violate the law with my new construction if I am a normal person who a bank loan and am not independently wealthy?

A

Not going to be able to get the bank to give me money and they want to know that the permits have been pulled and the building permits cannot be pulled if I am in violation of the zoning law. My ability to pay this back hinges on my ability to move in. I have to pay to live somewhere and if this place never gets built, I may default.

Lot of reasons why if I am involving the bank the lender all of these things have to be approved and I am going to go to the Board of Zoning Appeals and ask for an area variance. Test you have to prove to get an area variance.

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21
Q

________ ________ cannot be pulled if I am in violation of the zoning law.

A

Building Permits

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22
Q

Subdivision – developer didn’t sell big, huge front lot and now urgent care there. Zoned residential when houses were built and not supposed to put an urgent care in residential and they went to the Board of Zoning Appeals seeking a variance to change the use of the property.

What does this refer to?

A

use variance

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23
Q

Subdivision – developer didn’t sell big, huge front lot and now urgent care there. Zoned residential when houses were built and not supposed to put an urgent care in residential and they went to the _______ ____ ______ _______ seeking a variance to change the use of the property.

A

Board of Zoning Appeals

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24
Q

When you go to the ______ ____ ______ _______ and say I want to put an urgent care on this property that is zoned residential– there is going to be a community hearing and all the people who live near there and are going to be impacted by the traffic flow and the noise will show up and be heard at the hearing. All the people were excited to be able to walk to the Dr. or there was an overwhelming compelling reason to allow it and it wouldn’t affect traffic control.

A

Board of Zoning Appeals

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25
Q

Lawful Non-conforming Uses

this is also known as what?

A

Valid non-conforming use

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26
Q

Grandfathered in is the same thing as what?

A

Valid Non-Conforming Use

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27
Q

To be grandfathered in it means you did something back when it was legal to do. It was not illegal to put up a shed. The rule has changed do you have to take down the shed?

A

most times no because you are a valid non-conforming use. the law changed but that doesn’t necessarily mean you have to change how you use the property.

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28
Q

Can we sell our valid nonconforming use?

A

YOU CAN

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29
Q

Can we sell our valid nonconforming use? You can. There is a rule now that says no sheds. The new use has to be _______ ___________ or _____ __________.

A

equally nonconforming

less nonconforming

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30
Q

The new use has to be ________ nonconforming or _______ nonconforming.

A

equally
less

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31
Q

Subdivision with urgent care – urgent care got built before a zoned community. And then later it gets zoned residential and the neighborhood springs up. Is that okay that they are existing as a business? Probably _______ ________ _______.

A

Valid nonconforming use

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32
Q

Dr’s get sick of seeing sick people and want to sell the land can they sell to the strip club NO because that is not _______ ___________.

A

equally non-conforming

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33
Q

Dr’s get sick of seeing sick people and want to sell the land can they sell to the strip club NO because that is not equally non-conforming.

If they want to sell to a dentist office or nail salon that is equally non-conforming.

Different types of activities – operating hours may be different noise may be different clientele may be different. You don’t want teenage son to be at the strip club and if they get to the urgent care that would be fine– may be different if less conforming use.

!!

A

!!

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34
Q

Zoning Basics – The Typical Ordinance

Divides the community into use districts, e.g.,
1. ?
2.
3.
4.

A
  1. Residential
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35
Q

Zoning Basics – The Typical Ordinance

Divides the community into use districts, e.g.,
1.
2. ?
3.
4.

A
  1. Commercial
36
Q

Zoning Basics – The Typical Ordinance

Divides the community into use districts, e.g.,
1.
2.
3. ?
4.

A
  1. Office
37
Q

Zoning Basics – The Typical Ordinance

Divides the community into use districts, e.g.,
1.
2.
3.
4. ?

A
  1. Industrial
38
Q

Zoning Basics - The Typical Ordinance

Provide ________ applicable to each district.

A

regulations

39
Q

Zoning Basis - The Typical Ordinance

Within each district, uses may be authorized:
1. ?
2.

A
  1. To be permitted as of right
40
Q

Zoning Basis - The Typical Ordinance

Within each district, uses may be authorized:
1.
2. ?

A
  1. To be permitted only after special approval
41
Q

Zoning Basis - The Typical Ordinance

________ will be permitted based property owner demonstrates that certain conditions exist.

A

variances

42
Q

Zoning Basis - The Typical Ordinance

Existing uses will be lawful _______ _______.

A

nonconforming uses

43
Q

A variance and a special exception are the same thing.
A. True
B. False

A

B. False

44
Q

_______ is permission to break the law.

A

variance

45
Q

________ _______ is permission to follow the law. Something the ordinance specifically allows after review.

A

Special exception

46
Q

A “_________ _______” is a use which was lawful under the zoning ordinance when established but becomes unlawful due to the failure to conform with a subsequently adopted amendment to the zoning ordinance. (Commonly referred to as “grandfathered in.”)

A

nonconforming use

47
Q

A “nonconforming use” is a use which was lawful under the _______ _______ when established but becomes unlawful due to the failure to conform with a subsequently adopted amendment to the zoning ordinance. (Commonly referred to as “grandfathered in.”)

A

zoning ordinance

48
Q

A “nonconforming use” is a use which was _______ under the zoning ordinance when established but becomes _______ due to the failure to conform with a subsequently adopted amendment to the zoning ordinance. (Commonly referred to as “grandfathered in.”)

A

lawful

unlawful

49
Q

A “nonconforming use” is a use which was lawful under the zoning ordinance when established but becomes unlawful due to the failure to conform with a ________ _______ ________ to the zoning ordinance. (Commonly referred to as “grandfathered in.”)

A

subsequently adopted amendment

50
Q

A “nonconforming use” is a use which was lawful under the zoning ordinance when established but becomes unlawful due to the failure to conform with a subsequently adopted amendment to the zoning ordinance. (Commonly referred to as “___________ ________.”)

A

Grandfathered In

51
Q

A non-conforming use that is 50% or more destroyed by natural causes cannot rebuild with the same non-conforming use.
A. True
B. False

A

A. True

52
Q

Ex: Hurricane and devastation in Florida. Zoning hasn’t always been a thing. You built a bungalow cottage on the waterfront in Siesta Key Florida, and you did it in 1910. Historic home when it was affordable to buy something in Siesta Key. You passed it down through generations. Became more populated and whether patterns changed so the bungalow is built on the beach pre-zoning and as things change and communities zone there may be new requirement’s with regard to waterfront property development – health, safety, and welfare standpoint– hurricane proofing, how close you can build to the water, subsequent to the acquisition of this property and building the law changes and says you can’t actually be 200 feet from the water you have to be 400 feet. Bungalow I have been here over 100 years, and it hasn’t washed away yet. Valid non-conforming use – grandfathered in. Milton and Helene – house washes away. But they still own the property and so they decide to rebuild that is their house – can they put the house back where the house has been for 100 years?

A

NO because it has been destroyed 50% or more by a natural cause.

53
Q

If your lot is not long enough you can’t be that far from the water. You can continue to use it as a non-conforming use, and you can sell it but ____ _____ ____ of it is destroyed by a natural cause you are out of luck.

A

50% or more

54
Q

Arson is not a natural cause. True or False?

A

True

55
Q

_____ is not a natural cause.

A

Arson

56
Q

Arson is not a _____ ______.

A

natural cause

57
Q

Ex: In the mid 1960’s somebody started building a log cabin on a hill that log cabin was not fully complete when the hurricane come through. That house’s foundation never got washed away and the house got finished being built and we lived in the house. We let a veteran live in it. Insurance required it be occupied. He put accelerant on the fire, but the house burned for three days, and it burned to the ground. She tries to have a contractor pull the permits to build the house. It was in the floodplain. Nobody can build below this mark. House was below the mark. Foundation was there after hurricane. Valid nonconforming use and we should be able to rebuild. Wasn’t arson or natural causes. Replacement insurance and contents insurance. Money for stuff in the house and rebuild a house of that size now. Attorney should have argued valid non-conforming use. They said you had to build on stilts. !!

A

!!

58
Q

Nonconforming Uses
INFORMATION TO KNOW:
1. ?
2.
3.
4.
5.

A
  1. Creation
59
Q

Nonconforming Uses
INFORMATION TO KNOW:
1.
2. ?
3.
4.
5.

A
  1. Modification/ Expansion
60
Q

Nonconforming Uses
INFORMATION TO KNOW:
1.
2.
3. ?
4.
5.

A
  1. Destruction
61
Q

Nonconforming Uses
INFORMATION TO KNOW:
1.
2.
3.
4. ?
5.

A
  1. Abandonment
62
Q

Nonconforming Uses
INFORMATION TO KNOW:
1.
2.
3.
4.
5. ?

A
  1. Amortization
63
Q

The way you were using the property was appropriate and legal and the law changed but because you created this use when it was legal, we will allow you to keep using it that way.

What does this refer to ?

A

Nonconforming Uses

  1. Creation
64
Q

The way you were using the property was appropriate and legal and the law changed but because you ______ this use when it was legal, we will allow you to keep using it that way.

A

created

65
Q

You can ______ your use. You built a blockbuster video movie spot and the world evolved and instead of blockbuster I want to have an apple store on my property. BB video was built when having a business was legal. The law changed and it became residential. Could I switch and sell telephones and computers? probably. Modifying the use is typically fine. Concern is we don’t want to increase the negative impact on the zone.

A

modify

66
Q

You can modify your use. You built a blockbuster video movie spot and the world evolved and instead of blockbuster I want to have an apple store on my property. BB video was built when having a business was legal. The law changed and it became residential. Could I switch and sell telephones and computers? probably. Modifying the use is typically fine. Concern is we don’t want to increase the ________ _________ on the zone.

A

negative impact

67
Q

Things that might not work for ex: burger king and the BK was a valid nonconforming use – can I switch to a chick fli a – seems to be the same thing but _______ ________ it is not the same and that will be taken into consideration.

A

traffic impact

68
Q

Ex. Rooms to go. Operating a rooms to go and it is a valid non – conforming use – we can’t switch to Ikea. When Ikea came there had to be an extra turn lane because it was screwing up traffic. Some business even in the same category create dramatically different traffic impacts and that has to be taken into consideration. !!

A

!!

69
Q

The result of a natural cause. Act of God.

What does this refer to?

A

Nonconforming uses

Destruction

70
Q

Has 50% or more been destroyed. Just 50 still can’t rebuild. 49% you can rebuild.

What does this refer to?

A

Nonconforming uses

Destruction

71
Q

__________ ________ want to be a non-conforming use when they grow up.

A

Vested Rights

72
Q

You can abandon a non-conforming use. Nonuse plus an intent to abandon., not uniform across the states what it takes to abandon.

What does this refer to?

A

Abandonment
Non-Conforming Use

73
Q

Abandonment – You can abandon a non-conforming use. ______ plus an ______ to abandon.

Not uniform across the states what it takes to abandon.

A

non-use

intent

74
Q

Ex: A family owns hamburger shop shack. It is operating close to the beach. 5o years had the restaurant and it was built before a rule that things couldn’t be that close. Hurricane has come and the family says maybe this is somebody telling us it is time to retire, and they don’t open back up. Is it such that it could remain closed for so long that the next person who buys it can’t reopen? Possible.

What would constitute abandonment would vary by jurisdiction and how long it would take. In theory, Community has changed zoning laws for _______, _______ and ________. We don’t want nonconforming uses to last forever. If something happens that shuts them down maybe that is for the best.

A

Health, Safety and Welfare

75
Q

_____, _______ and ________ – that is okay if it ends.

A

health, safety and welfare

76
Q

IRS will let you deduct from taxes value over the useful life of something. Computer for business and computer is 1K and the IRS may say it has a 5-year useful life, but every year value will decrease by 200 bucks. Idea things are going to lose value over time until they don’t have value anymore.

What does this refer to?

A

Amortization

77
Q

Non-conforming use – ex: You operate a sandwich shop, and your sandwich shop was built when legal to build here. location was next to automobile manufacturing plant. They come get sandwiches. Great business but the law has changed, and the city is trying to zone this area residential because auto plant is decreasing in productivity. 500 to 50 people who work there. Once the plant closes entirely demolition and land is put to residential use. What do we do with the sandwich shop? Contingent on factory next door. Your nonconforming use will end when the factory closes. This whole area is going to be turned into residential.

Very tricky because it is hard to know in real life how long something has a value. Factory has a finite ending.

What does this refer to?

A

Amortization

78
Q

Vested rights allow the completion of construction of a building that will become a non-conforming use once construction is complete.
A. True
B. False

A

A. True

79
Q

_____ ______ do allow the completion of construction

A

vested rights

80
Q

How far do you have to advance in your construction to be allowed to finish it?

Nonconforming use a preexisting operation is protected.

With vested rights a proposed use might be protected if ______ _______ has been made. Varies by jurisdiction. Some places say if your plans are drawn, your site is prepared, your permits are pulled that is enough. Some places say you have to actually start construction, or you haven’t done enough. Not just the expenditure of money the actual beginning of the constructive process.
Vested rights allow you to finish building your property and vested rights will become nonconforming uses once they are complete. Finish building sandwich shop and then open it up and operate it.

A

sufficient progress

81
Q

With vested rights a proposed use might be protected if sufficient progress has been made. Varies by jurisdiction. Some places say if your plans are drawn, your site is prepared, your permits are pulled that is enough. Some places say you have to actually start construction, or you haven’t done enough. Not just the expenditure of money the actual beginning of the constructive process.

Vested rights allow you to finish building your property and vested rights will become nonconforming uses once they are complete. Finish building sandwich shop and then open it up and operate it.

!!

A

!!

82
Q

Nonconforming Uses
Vested Rights:

Beware, you could pull your permits and not be able to construct your project.

Vested rights want to be non-conforming uses when they grow up. !!

A

!!

83
Q

Once a property owner has started to plan and develop (in accordance with applicable zoning), or pursuant to a plan approval or building permit, at what point does the property owner have a vested right to continue?

A

You have to get a building permit and expend substantial money in performing construction on the property to be qualified as a conforming use.

84
Q

You have to get a _______ ________ and expend _________ ________ in performing construction on the property to be qualified as a conforming use.

A

building permit

substantial money

85
Q

Vested rights don’t automatically occur when you pull the _______ and you have to get the building permit, expend substantial money and perform construction to be a vested right and once completed turn into a valid non-conforming use.

A

permits

A - Property 2 (33 decks)

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