Zoning

Question 1

expansion of nonconforming use

Answer 1

substantial changes are not allowed, only insubstantial changes
think- how will this change the neighborhood

Question 2

procedural due process

Answer 2

Requires notice and opportunity to be heard

Question 3

substantive due process

Answer 3

Zoning ordinance violates substantive due process if it is arbitrary and capricious

Question 4

Equal Protection

Answer 4

Zoning ordinance may give rise to an equal protection challenge if similarly situated people are treated differently

Question 5

taking

Answer 5

(a) Economic impact of the regulation;
(b) Extent regulation has interfered with distinct investment-backed expectations; and
(c) Character of government action

Question 6

Area Restriction

Answer 6

Petitioner must show that there are practical difficulties in meeting the requirements of the zoning code or that the requirements are unreasonable or create an undue hardship

Question 7

Use Restriction

Answer 7

Petitioner must show undue hardship, meaning that, without a use variance, there is no viable use of the property

Question 8

Special Use Permits

Answer 8

Required for uses in an area not zoned for those uses, but which would be beneficial to the public welfare and compatible with the area

Question 9

Conditional Use Permits

Answer 9

Required for uses in an area not zoned for those uses, but which would be beneficial to the public welfare, and compatible with the area if certain conditions are met.
Granted only if the applicant agrees to meet the additional conditions

Question 10

spot zoning is illegal when

Answer 10

it only serves a few private landowners

Question 11

exactions allowed only if

Answer 11

essential nexus and rough proportionality to the use