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A - Property 2 > Week 10 - Zoning 3 > Flashcards

Week 10 - Zoning 3 Flashcards

1
Q

A ______ _______ is a legislative enactment.

A

zoning ordinance

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2
Q

A zoning ordinance is a _______ ________.

A

legislative enactment

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3
Q

________ delegates authority to administrative bodies to implement the ___________.

A

Ordinance

ordinance

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4
Q

Ordinance _____ ________ to administrative bodies to implement the ordinance.

A

delegates authority

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5
Q

(1) The ordinance must have standards to guide the _______ _________ so that the ________ ________ isn’t arbitrary, so they do what the legislative body intended, and it can’t be said that the administrative body is acting in a legislative capacity

A

decision making

decision making

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6
Q

(1) The ordinance must have standards to guide the decision making so that the decision- making isn’t __________, so they do what the _______ ________ intended, and it can’t be said that the administrative body is acting in a __________ capacity

A

arbitrary

legislative body

legislative

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7
Q

(1) The ordinance must have standards to guide the decision making so that the decision- making isn’t arbitrary, so they do what the legislative body intended, and it can’t be said that the ____________ ________ is acting in a legislative capacity

A

administrative body

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8
Q

(2) __________ ______ have to make findings and put their findings in the record in order to satisfy due process (not merely conclusions).

A

Administrative bodies

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9
Q

(2) Administrative bodies have to make ________ and put their ________ in the record in order to satisfy due process (not merely conclusions).

A

findings

findings

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10
Q

(2) Administrative bodies have to make findings and put their findings in the record in order to satisfy ____ _________ (not merely conclusions).

A

due process

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11
Q

Legislative vs. Administrative Action Involving Zoning

A zoning ordinance is a legislative enactment.

Ordinance delegates authority to administrative bodies to implement the ordinance.
1. ?
2.

A

(1) The ordinance must have standards to guide the decision making so that the decision- making isn’t arbitrary, so they do what the legislative body intended, and it can’t be said that the administrative body is acting in a legislative capacity; and

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12
Q

Legislative vs. Administrative Action Involving Zoning

A zoning ordinance is a legislative enactment.

Ordinance delegates authority to administrative bodies to implement the ordinance.
1.
2. ?

A

(2) Administrative bodies have to make findings and put their findings in the record in order to satisfy due process (not merely conclusions).

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13
Q

This slide: SLIDE 29!! Zoning ordinances are legislative enactments. The ordinance is going to give authority to the administrate body and the administrative body is going to implement the ordinance. !!

A

!!

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14
Q

(1) The ordinance has to have standards in it to tell the __________ ________ how to make those administrative decisions when implementing the ordinance.

A

administrative body

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15
Q

For example: IF out ordinance has a special exception that says apartment buildings are permitted. Important for the ordinance to guide the administrative body and say we are concerned about the height of the buildings, population density, the traffic flow, if an apartment building is three stories or less, houses 20 apartments or less, then it would likely be appropriate. If bigger it will cause an unnecessary impact traffic flow, etc.

If there are standards in the ordinance that help guide the administrative body’s decisions, that helps keep them from being _________.

A

arbitrary

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16
Q

If we don’t have those standards, we could have a situation where whether your project is approved or not and _________ or ______ _______ depends who is sitting on the board. I could show up and present and the board could say we do not like middle age blonde women, or the variances denied. I could argue discrimination but change it we do not like blonde attorneys less of a protected class. That would lead to a lot of unfair determinations if they can just say I don’t like you. You went to this school I don’t like you.

A

variance or special exception

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17
Q

We don’t want to think that people would make ___________ and __________ decisions but that is why we have standards in the ordinance to say if they meet these criteria then yes there special exception is fine because all of our concerns have been addressed.

A

arbitrary and unreasonable

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18
Q

We don’t want to think that people would make arbitrary and unreasonable decisions but that is why we have ________ in the _________ to say if they meet these criteria then yes there special exception is fine because all of our concerns have been addressed.

A

standards

ordinance

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19
Q

2nd comes from administrative body – board of zoning appeals itself – they have to make findings. A finding is when you apply the law to the facts. If you write me an essay question and all you have is a conclusion you have not applied the law to the facts. Zoning you have not issued ______ ________.

A

proper findings

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20
Q

A ________ is when you apply the law to the facts.

A

finding

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21
Q

Zoning component – JZ tried to get a certain hotel approved and JZ got denied and then B tied to get the same hotel approved and B got approved. JZ wasn’t and so he’s like this cannot be fair she got permission to do what I did same everything why is her project okay and mine is not that is why we have ________. If findings had said not approved because in lobby of hotel is a nightclub where music is played at loud volumes and Beyonce has is a restaurant that closes at 10 those findings could say reasonable justification, without findings it looks that they like Beyonce buyer than JZ.

A

findings

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22
Q

_________ and ________, very important safeguards to avoid being arbitrary and unreasonable.

A

standards and findings

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23
Q

Standards and findings, very important safeguards to avoid being ________ and ________.

A

arbitrary and unreasonable

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24
Q

____________ are in the ordinance.

A

Standards

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25
Q

___________ come from the legislative body

A

Standards

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26
Q

Standards come from the ________ ______.

A

legislative body

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27
Q

_______ come from the administrative body.

A

Findings

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28
Q

Findings come from the _________ ______.

A

Administrative Body

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29
Q

_________ body enacts the ordinance, and the ___________ body implements the ordinance.

A

Legislative

Administrative

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30
Q

_________ are about whether your specific requests met the standards in the ordinance. They are not mere conclusions, you are applying the facts to the situation.

A

Findings

31
Q

_________:
Creating and amending the zoning ordinance, including:

The establishment of the zoning districts and providing regulations for each district

Providing standards for applying regulations to specific properties

A

LEGISLATIVE

32
Q

_________ creating and amending zoning ordinances

A

Legislative

33
Q

Implementing or “___________” the legislatively created zoning ordinance, including applying the standards to determine whether specific properties meeting the requirements of the zoning ordinance.

Involves the application of zoning ordinance standards to specific FACTS applicable to a property.

A

administering

34
Q

Administrative is administering or implementing the legislatively created zoning ordinance and they are applying the standards to figure out whether or not specific properties meet the requirements of the zoning ordinance. – applying the law to the facts and that is going to cause the findings to be issued. Using the standards to decide their decision making but once they made their decision, they are issuing findings explaining why they said no. !!

A

!!

35
Q

THE _________: An administrative approval which may be granted by the Zoning Board of Appeals upon a showing of:

Unnecessary hardship (use variance) or practical difficulty (non-use variance), AND that:

The spirit of the ordinance is observed, and,

Substantial justice is done

Not a self-created problem

A

VARIANCE

36
Q

The VARIANCE: An _________ _______ which may be granted by the Zoning Board of Appeals upon a showing of:

Unnecessary hardship (use variance) or practical difficulty (non-use variance), AND that:

The spirit of the ordinance is observed, and,

Substantial justice is done

Not a self-created problem

A

administrative approval

37
Q

________ is permission to break the zoning law or entitlement to use the property in a way that is not permitted by the ordinance.

A

Variance

38
Q

_______ ____ _____ _______: administrative body that you go to to seek the variance.

A

Board of Zoning Appeals

39
Q

______ _______ - zoned residential and I want to put up a sandwich shop. ____ _______ completely changing the way that the property is used .

A

use variance

use variance

40
Q

Area variance is also known as what?

A

practical difficulty

41
Q

Practical Difficulty is also known as what?

A

Area Variance

42
Q

An administrative approval which may be granted by the Zoning Board of Appeals upon a showing of unnecessary hardship (use variance) OR practical difficulty (area variance/ non-use variance), AND that:
1. ?
2.
3.

A
  1. The spirit of the ordinance is observed, and ,
43
Q

An administrative approval which may be granted by the Zoning Board of Appeals upon a showing of unnecessary hardship (use variance) OR practical difficulty (area variance/ non-use variance), AND that:
1.
2. ?
3.

A
  1. Substantial justice is done
44
Q

An administrative approval which may be granted by the Zoning Board of Appeals upon a showing of unnecessary hardship (use variance) OR practical difficulty (area variance/ non-use variance), AND that:
1.
2.
3. ?

A
  1. Not a self-created problem
45
Q

An administrative approval which may be granted by the Zoning Board of Appeals upon a showing of unnecessary hardship (use variance) OR practical difficulty (area variance/ non-use variance), AND that:
1.
2.
3.

A
  1. The spirit of the ordinance is observed, and,
  2. substantial justice is done
  3. not a self-created problem
46
Q

Practical difficulty/ area variance: fancy bathtub so I need to be closer to the road than I am supposed to be. Can I get an area variance to change the numeric specifications a little bit?

Example: Lot that was the right size to build a house on and you decided to split lot in two, you cannot seek a variance because you are the one that caused the problem. Self-created problem not likely to get approval. !!

A

!!

47
Q

Practical Difficulties is the test for a Use Variance.
A. True
B. False

A

B. False

48
Q

The _______ ________ (or special land use): An administrative approval of a use expressly listed in the ordinance, which allows a designated board or commission to authorize the use, based upon a review of the facts and an application of the standards in the ordinance to such facts in order to determine whether specified ordinance criteria established for the proposed use have been met.

A

SPECIAL EXCEPTION

49
Q

Permission to do something that the ordinance allows for. Meet the criteria to do that. Example of this area can have some multi-family housing but not all types. No 30 story high rise with hundreds of apartments but maybe 3 story with 10 units special exception gives you opportunities to have the use broadened. Opportunities are already set forth in the statute, you just have to appear before the Board of Zoning Appeals or the Architectural Review Board to get permission

Appear before the board of zoning appeals to get permission.
!!

A

!!

50
Q

________ is authority extended to a landowner to use his property in a manner prohibited by the ordinance.

A

Variance

51
Q

Variance is authority extended to a landowner to use his property in a manner ________ by the _________.

A

prohibited

ordinance

52
Q

_______ ________ allows a landowner to put her property to a use which the ordinance expressly permits.

A

Special Exception

53
Q

Special exception allows a landowner to put her property to a use which the ordinance _______ _______.

A

expressly permits

54
Q

_______________ is authority extended to a landowner to use his property in a manner prohibited by the ordinance.
________________ allows a landowner to put her property to a use which the ordinance expressly permits.

A

Variance

Special Exception

55
Q

Undue hardship is the test for an Area Variance
A. True
B. False

A

B. False

56
Q

Unnecessary Hardship Test: no other reasonable use to which the property can be put.

What does this refer to?

A

Use Variance

57
Q

_________ _______ ______: no other reasonable use to which the property can be put.

A

Unnecessary Hardship Test

58
Q

Unnecessary Hardship Test: no other________ ______ to which the property can be put.

A

reasonable use

59
Q

Unnecessary Hardship Test: no other reasonable use to which the property can be put.
1. ?
2.
3.

A
  1. Land cannot earn a reasonable return w/o variance; and
60
Q

Unnecessary Hardship Test: no other reasonable use to which the property can be put.
1.
2. ?
3.

A
  1. Owner’s plight results from unique circumstances, not general neighborhood change; and
61
Q

Unnecessary Hardship Test: no other reasonable use to which the property can be put.
1.
2.
3. ?

A
  1. Granting a variance will not alter the character of the neighborhood
62
Q

_______ ________ – allows for commercial use in a residential area. More difficult to satisfy the test because more dramatic impact on the community than to change some setback or dimensional restrictions.

A

Use Variance

63
Q

Use variance – allows for _________ use in a __________ area. More difficult to satisfy the test because more dramatic impact on the community than to change some setback or dimensional restrictions.

A

commercial

residential

64
Q

______ ________ – numbers. How far from the road, from the house next door, how far the accessory building is from the main dwelling.

A

area variance

65
Q

_______ ________ – satisfy the unnecessary hardship or undue hardship – no other reasonable use to which the property can be put. if you don’t let me do this, I can’t do anything with it. She couldn’t rebuild and the property has been dormant since January 1998. She can’t rebuild on it. This property has no other reasonable use to which it can be put.

A

use variance

66
Q

Practical Difficulties Test: must prove at least inconvenience.

What does this refer to?

A

Area Variance

67
Q

_________ ______ ______: must prove at least inconvenience.

A

Practical Difficulties Test

68
Q

Practical Difficulties Test: must prove at least ___________.

A

inconvenience

69
Q

Practical Difficulties Test: must prove at least inconvenience.
1. ?
2.
3.
4.

A
  1. Can the property earn a reasonable return w/o the variance; and
70
Q

Practical Difficulties Test: must prove at least inconvenience.
1.
2. ?
3.
4.

A
  1. Is the variance substantial and would have a significant impact on neighborhood and on the provision of government services; and
71
Q

Practical Difficulties Test: must prove at least inconvenience.
1.
2.
3. ?
4.

A
  1. Whether a method other than a variance might serve; and
72
Q

Practical Difficulties Test: must prove at least inconvenience.
1.
2.
3.
4. ?

A
  1. Whether a variance would be consistent with the spirit and intent of the zoning ordinance.
73
Q

Which test is easier to satisfy?

A

Practical Difficulties Test

74
Q

With the practical difficulties test you have to prove at least _________. In master bath renovations – I have to go back, and the architect is going to have to redraw the plans and the fancy bathtub thing I can’t use and I can’t get my money back and super inconvenient if I don’t get my variance and then all the other things, impact on the neighborhood, being consistent with the zoning ordinance, etc.

A

inconvenience

A - Property 2 (30 decks)

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