Week 11 -- Zoning Flashcards by D Acorn

A use variance means that you want to change how the property is used – like from residential to commercial.
A. True
B. False

A. True

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A ____ _______ means that you want to change how the property is used – like from residential to commercial.

use variance

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Legislating – Amending the Zoning Ordinance
TWO BROAD TYPES OF ZONING ORDINANCE AMENDMENT:
1. ?
2.

Changing the text of the ordinance

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Legislating – Amending the Zoning Ordinance
TWO BROAD TYPES OF ZONING ORDINANCE AMENDMENT:
1.
2. ?

Changing the use district classification of one or more properties

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Different ways to amend the _____ _______. Might seek to change the text of the ordinance or seek to change the use district classification of one or more properties.

zoning ordinance

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2nd one: lived in suburb of Tampa Florida and it was near Gibsonton. Where carnival workers live when the carnivals are not in season. Host of famous former residents. Only post office in America with a counter for little people. Fire Chief was world’s tallest man married to worlds shortest woman.

Gibsonton has special type of zoning called _______ _______ _______ _________.

residential show business zoning.

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_______ ______ _____ _______ means: (inhabitants to this area that they need that maybe you or I don’t need) place to put the tilt awhirl, funnel cake food truck, place to walk tiger on a leash.

Residential show business zoning

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Residential show business zoning allows in a residential district for extra carnival related things to happen. Carnival equipment in people’s yard. Typical for the area. As time passes communities grow.

Family’s grow because it is the family business, the need for more real estate expands as well. Subdivision: Tropical acres wasn’t zoned residential show business but they were carnival families and used the property the same way the ancestor landowner used their adjacent property to hold carnival people in off season. Non-carnival people were haters and they said this is not zoned this way and not residential show business.

Hearings to amend the zoning ordinance because they wanted it to extend out the boarder of residential show busimess so that 39 families would be in compliance with the zoning. Seemed like a more efficient way to handle it instead of having 39 families go before the board of zoning appeals and seek use variance. Sometimes better to seek an ___________ to the zoning ordinance or map then to try to get individual variances.

amendment

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Zoning Timeline
1. ?
2.
3.
4.
5.
6.

State Legislature adopts Zoning Enabling Act (state-wide legislative enactment), then

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Zoning Timeline
1.
2. ?
3.
4.
5.
6.

Planning Commission adopts Comprehensive Plan (Administrative Action); is not an ordinance

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Zoning Timeline
1.
2.
3. ?
4.
5.
6.

Community Legislative Body acts on zoning ordinance amendment (text or map)

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Zoning Timeline
1.
2.
3.
4. ?
5.
6.

Zoning Variances (admin. action)

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Zoning Timeline
1.
2.
3.
4.
5. ?
6.

Community Legislative Body acts on zoning ordinance amendment (text or map)

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Zoning Timeline
1.
2.
3.
4.
5.
6. ?

6/ Local Legislative Action, i.e., legislative action to amend the zoning

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Came down from the federal government. States adopted it. They delegate authority to the local legislative body in that process typically the _______ ________ adopts a comprehensive plan. They are often the ones who draft the zoning ordinance. City council votes on it and turns it into an officially adopted zoning ordinance of the jurisdiction.

planning commission

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Zoning ordinance includes zoning map and then as people need variances, they go to the ________ ______ often the board of zoning appeals to get those variances.

administrative body

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Sometimes we need amendments to the zoning ordinance, the test of the ordinance, and we might see local legislative actions to enact amendment. !

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An area variance would be appropriate if you want to put your house 19.5 feet from the road instead of 20 feet from the road.
A. True
B. False

A. True

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______ variance deals with numbers.

______ deals with changing way the property is used residential to commercial.

Area

Use

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Small parcel of land is singled out for special and privileged treatment.

What does this refer to?

Spot Zoning

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The singling out is not the public interest, but only for the benefit of the landowner, with detriment resulting to surrounding area.

What does this refer to?

Spot Zoning

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The action is not in accord with the comprehensive plan.

What does this refer to?

Spot Zoning

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Spot Zoning.

Small parcel of land is singled out for______ and ______ _______

Special and Privileged Treatment

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Spot Zoning.

The singling out is not the ______ _______, but only for the benefit of the landowner, with ________ resulting to surrounding area.

public interest

detriment

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Spot Zoning. The action is not in accord with the _________ _______.

Comprehensive Plan

_____ ________ is bad. Typically, not in accord with the comprehensive plan.

Spot Zoning

Spot zoning is bad. Typically, not in accord with the _______ _______. ______ _______ keeps us from being arbitrary and unreasonable.

Comprehensive plan Comprehensive plan

If we are _____ _______ and not in keeping with the comprehensive plan chances are our spot zoning is ______ and ________.

spot zoning arbitrary and unreasonable

__________: Where a petition is submitted seeking to “veto” by vote of the electors an enactment passed by the legislative body.

Referendum

Referendum: Where a petition is submitted seeking to “_____” by vote of the electors an enactment passed by the legislative body.

Veto

_________: Where a petition is submitted seeking to initiate a new law, policy, or constitutional provision based on approval by vote of all electors.

Initiative

Initiative: Where a petition is submitted seeking to initiate a _____ law, policy, or constitutional provision based on approval by vote of all electors.

new

___________: voters want to veto a zoning law. City council passes a zoning ordinance and the people who live there don’t like it and they initiate a referendum and want people to vote on striking down zoning law.

Referendum

__________- citizens are proposing legislation. That is not normally how we zone. Planning Commission creates a comprehensive plan and often they draft the zoning ordinances. The city council passes the zoning ordinance, this is how zoning law is typically made but an initiative would be where a petition is submitted where they are seeking to initiate a new law.

Initiative

Regulatory takings: only topic of the semester where I expect you to know case names. !!!

!!!

Other Means for Achieving Flexibility in Zoning: _______ (bilateral agreements between the owner and the zoning authority where owner is covenanting to restrict the use of the property in return for the authority’s promise to rezone)

Contract

Contract (bilateral agreements between the _____ and the ______ __________ where owner is covenanting to restrict the use of the property in return for the authority’s promise to rezone)

owner and the zoning authority

Other Means for Achieving Flexibility in Zoning: ________: (property owner unilaterally agrees to use the land in a specified way).

Conditional

Conditional: (_______ _______ unilaterally agrees to use the land in a specified way).

Property Owner

Other Means for Achieving Flexibility in Zoning: ______ _______ defines a zone but leaves up in the air its future location.

Floating zones

Floating Zones defines a zone but leaves up in the air its ______ ______.

Future location

Other Means for Achieving Flexibility in Zoning: _____ _______ provides some of the amenities of a rural environment.

Cluster Zones

Cluster Zones provides some of the _______ of a _______ _______.

amenities rural environment

Other Means for Achieving Flexibility in Zoning: ______: mix of residential, commercial, and sometimes industrial.

PUD (planned unit developments)

PUDs (planned unit developments): mix of _________, ________, and sometimes _________.

residential commercial industrial

Sometimes flexibility in zoning is good and sometimes controversial. _______ ________ is controversial. The owner says I am going to restrict the use of my property in return for the zoning authority’s promise to rezone in a way that is beneficial to my project.

Contract zoning

___________ zoning more accepted than ________ zoning.

Conditional contract

_______ _______ are strange. Define a zone but don’t tell you where it goes. Example: In Detroit they wanted a permanent home for casinos. Didn’t know where they wanted them to go. Floating zone for entertainment district that didn’t nail down where it was supposed to be. See where that could be problematic. What happens if the casino is next to your house? Not going to be happy

Floating Zones

_______ zones: area variances in the context of cluster zones don’t have to adhere to set back requirements. Housing closer together than typically it would be so that you can have more open space in the community.

Cluster

Community in Florida called Fish Hawk. Drive into the community and go past some townhouses and then a little town square and pizza place, ice cream, workout place, paint pottery and then a neighborhood. All in a town square and walkable or bikeable to single family homes. Residents could use them but some of us down the road drove on in. Example of _____ _____ ______ Mix of residential and commercial uses.

planned unit development.

Zoning After World War II History 1. ? 2. 3. 4. 5.

1. Baby Boom

Zoning After World War II History 1. 2. ? 3. 4. 5.

2. Highways

Zoning After World War II History 1. 2. 3. ? 4. 5.

3. Expansion to Suburbs

Zoning After World War II History 1. 2. 3. 4. ? 5.

4. Shopping Centers

Zoning After World War II History 1. 2. 3. 4. 5. ?

5. Beauty Contests

Perfect storm of circumstances that caused us to go from nuisance to zoning. How did we get from Euclid to the modern era? Highways and babies involved. Zoning started in the early 1900. Euclid 1926. Great Depression 1929. Zoning had been focused on large urban areas and then WW2 ended in 1945. Barley any _________ outside of _______.

zoning cities

As families grew there was a need for more space. Where do you put your growing family. 1950s Eisenhower war hero elected president said let’s build a network of ________ across the country. Work in the city but you don’t have to live there.

highways

In truth only available to some people because not everyone had an automobile and public transportation wasn’t awesome. Had to have a car to access _____ _______ and get to suburbs. Also had to have the means to purchase the suburban home.

highway system

The _______ started backing loans from banks. Used to be really hard to get enough money to buy a house. Mortgage today – how long it will last? 30 years. You can divide up payments and it becomes affordable. Interest rates: what do you think would be a nice interest rate that a bank might charge you today. interest rate is fixed and doesn’t change over the course of 30 years. My loan is amortized. Over time the principal payments grow and at the end I have paid it all off. In terms of down payments, a good down payment is to avoid mortgage insurance 20%. Depending on type of loan you qualify for – putting 0% down but most of us unless independently wealthy put down in the 10-20 percent category. That is what we think of when we think of mortgages. Mortgages are _____ insured.

FHA FHA

Not _____ insured back in the day: You better pay this off in 7 years. Interest rate will change every month. Very difficult to buy a house because who has that much money in cash. When the federal government started giving us what we know today it made home ownership an option for so many more people. Wasn’t available for everyone. Reason being that the ______ backed loans were only available in areas that were not red lined or high risk.

FHA FHA

Areas that were high risk – _________ lived. If you wanted an FHA backed mortgage that would help you afford the house, you had to fit into the racial category that federal government was trying to help– had to be white. If you were not white and trying to buy a house, you would be subject to racially restrictive covenants. FHA backed mortgages what allowed them and kept them from being in red line areas presence of racially restrictive covenants. Only available to some people because it was not an option if you didn’t fit into certain predefined categories based upon race.

minorities

Suburbs: housing moving out initially but people want to be able to shop near where they live. Shopping centers started to evolve. Victor Gruen – wicked stepmother case. Gruen so popular because he invented the suburban shopping mall. Go to all the stores in all the places. V Gruen in 1953 built largest shopping center in the world. Suburbs incorporating as cites and then contests between the cities. Come to our suburb it is a great place to raise your family. Aesthetic zoning – talking about point in time where suburbs evolved and trying to attract people out of city center. !!

________ was utilized to regulate development and keep cities beautiful.

zoning

Zoning After World War II – Two Results: First, the good news: ______ _______ with _____ _______ _______ Zoning to achieve aesthetic objectives Second, the bad news: Not Everyone Could Share in the Good News “Exclusionary” Zoning

Beautiful Towns with High Tax Base

Zoning After World War II – Two Results: First, the good news: Beautiful Towns with High Tax Base _______ to ______ _______ _________ Second, the bad news: Not Everyone Could Share in the Good News “Exclusionary” Zoning

Zoning to achieve aesthetic objectives

Zoning After World War II – Two Results: First, the good news: Beautiful Towns with High Tax Base Zoning to achieve aesthetic objectives Second, the bad news: ______ ______ ______ ____ ____ ____ _____ _____ “Exclusionary” Zoning

Not Everyone Could Share In The Good News

Zoning After World War II – Two Results: First, the good news: Beautiful Towns with High Tax Base Zoning to achieve aesthetic objectives Second, the bad news: Not Everyone Could Share in the Good News _______ ________

“Exclusionary” Zoning

Bad news: exclusionary zoning – snob zoning. People who didn’t have cars were stuck in the city center. No way to get to the suburbs. Didn’t have an invitation into the suburbs because of racially restrictive covenants couldn’t get _____ backed financing due to red lining.

FHA

1960s movement was exacerbated. Movement to the suburbs had racial motivations and led to substandard housing that was left in the city centers. Tax base has left the city center then we don’t have an adequate provision of city services. Absentee landowners and that creates problems which some of our cases have historically described as _______.

Blight

2 bodies of law come out of ______ _____ ______. 1.Actual validity of beauty ordinances. Can you zone based on trying to make it a pretty place to live? 2.Exclusionary zoning: keep city folks out of the suburbs. City folks- class divide and racial divide as well.

aesthetic zoning movement.

_________ ________: subcategory of zoning. One way: Place industrial uses in minority communities. Need industry to go somewhere and may not have a big enough industrial zone for industrial growth. If we put factory in the black it will protect in white neighborhood.

expulsive zoning

_________ zoning happens to protect and preserve the value of white property by not putting factories there and in some instances to expel black residences from places where they had settled.

Expulsive

Zoning After World War II: Achieving Beautiful Towns & High Tax Base Zoning to Achieve Aesthetic Objectives – Discretionary decision making to ensure the ______ _______.

City Beautiful

Reasonable minds can differ What does this refer to?

What makes the city beautiful can differ.

The zoning ordinance has standards to guide the decision making of the administrative body to prevent arbitrary decisions. A. True B. False

A. True

Findings are issued by the administrative body in which they apply the zoning code to the facts at issue rather than generating mere conclusions. A. True B. False

A. True

Aesthetics Discretionary Decision Making Need for sufficient ________ to guide decision making, in order to avoid arbitrary decisions. Need for _________ as part of the discretionary decision-making process, to ensure that the standards are being properly applied to the ________ of each development proposal.

STANDARDS FINDINGS FACTS

Aesthetics Discretionary Decision Making: 1. ? 2.

1. Need for sufficient STANDARDS to guide decision making, in order to avoid arbitrary decisions.

Aesthetics Discretionary Decision Making: 1. 2. ?

2. Need for FINDINGS as part of the discretionary decision-making process, to ensure that the standards are being properly applied to the FACTS of each development proposal.

_________ is very subjective.

Aesthetics

Give rise to the danger that decision making will not be consistent from one development application to the next, i.e., relief granted to one and denied to another with no good basis for distinguishing. i.e., danger of _______ decisions, in violation of ____ _______(remember Euclid).

arbitrary DUE PROCESS

Maintenance of property values is an issue of public welfare. A. True B. False.

A. Tre

Courts say property values and maintain those are a public welfare issue. True or False

True

Maintenance of property values is an issue of the ______ _______.

Public Welfare

Where legislative standards are deemed sufficient, it is permissible to disapprove the application (of a potential new dwelling) if the __________ _______ determines that the structure will be unsightly, grotesque, or unsuitable, such that it is detrimental to the welfare of the surrounding residents.

Architectural Board

Can residential architecture ever be expressive conduct protected by the 1st amendment?

Stepping back from particular facts to a bigger question: Court here didn’t say that. Burns mansion is not conduct protected by 1st amendment and that is because of the Johnson test:

What are the two elements of the Johnson test? 1. ? 2.

1. Intent to convey a particularized message

What are the two elements of the Johnson test? 1. 2. ?

2. Likelihood that the message would be understood by those who view it.