Zoning Flashcards
In standard zoning, what uses are available?
Wide range.
State 3 characteristics of PUD.
ZONING
a. Usually a binding site plan.
b. Can condition approval.
c. If have a difficult location, sensitive, buffering.
What is Overlay zoning?
Unique condition applied to a limited area.
Ex. Historic, around an airport.
Define Special or Conditional Use zoning.
Use appropriate generally you want certain criteria to apply.
State 2 process-related requirements for Special or Conditional Use permit.
ZONING
- Public hearing.
- Public site plan.
Who has the burden at hearing on Special or Conditional Use?
Shifts.
App shows complies w/ criteria.
Shifts to LG to show use does not meet the criteria and is, in fact, adverse to the public interest.
Is the hearing on Special or Conditional Use legislative or Q-J?
Q-J.
State 3 exceptions to Code that are available.
CODE EXCEPTIONS ----------- [Varying Vests Do Not Conform, they are Exceptions to the dress Code] ----------- Variance, Vested Rts, Nonconformity
CODE EXCEPTIONS ----------- Nonconformity ----------- What happens to a property when LDC changes & property Nonconforms?
Grandfathered so long as the physical non-conformity or use non-conformity is not significantly intensified or changed.
CODE EXCEPTIONS ----------- Vested Rts ----------- When claiming vested rights, what are the requirements to invoke equitable estoppel?
Equitable estoppel invoked when:
1. Reqs exceptional circums to impose vs. govt.
2. Relied in good faith.
3. Upon some act or omission of the LG
4. Has made a subst change or incurred such extensive obligations and expenses that it wd be highly inequitable and unjust to destroy the acquired right.
CODE EXCEPTIONS ----------- Variance ----------- State 6 pre-conditions to obtain a Variance.
STANDARD: (tough)
1. Special conditions peculiar to the land;
2. Not created by Owner
3. Variance won’t confer specl privilege denied others;
4. Strict LDR application = undue hardship on Applicant.
5. Variance is the minimum.
6. Variance w/i gen intent of regs + no harm to the area.
CODE EXCEPTIONS ----------- Variance ----------- What does Court look for when reviewing a variance decision?
CODE EXCEPTIONS ----------- Q on J[ames bond] was Correct, a Pro & Competent ---------- It's Q-J: 1. Correct law applied. 2. Procedural due process was met. 3. Competent subst evid presented to support wh/ the variance review criteria in the applicable code have been met.
What are Developments of Regional Impact (DRIs)?
How are they approved?
CODE EXCEPTIONS
- Big projs (a) impact other juris or (b) unique (marinas, airport}.
- Now approved via State Coordinated Rvw (process used for CPs) unless development is consistent with CP.
Which type of zoning does not allow conditional approval?
Standard. What you see is what you get.
Which type of zoning does not require a site plan?
ZONING ----------- Standard. ----------- Note, I always think 'typical,' but it is "Standard."