Zoning Flashcards

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1
Q

In standard zoning, what uses are available?

A

Wide range.

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2
Q

State 3 characteristics of PUD.

A

ZONING

a. Usually a binding site plan.
b. Can condition approval.
c. If have a difficult location, sensitive, buffering.

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3
Q

What is Overlay zoning?

A

Unique condition applied to a limited area.
Ex. Historic, around an airport.

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4
Q

Define Special or Conditional Use zoning.

A

Use appropriate generally you want certain criteria to apply.

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5
Q

State 2 process-related requirements for Special or Conditional Use permit.

A

ZONING

  1. Public hearing.
  2. Public site plan.
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6
Q

Who has the burden at hearing on Special or Conditional Use?

A

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.

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7
Q

Is the hearing on Special or Conditional Use legislative or Q-J?

A

Q-J.

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8
Q

State 3 exceptions to Code that are available.

A
CODE EXCEPTIONS
-----------
[Varying Vests Do Not Conform, they are Exceptions to the dress Code]
-----------
Variance, Vested Rts, Nonconformity
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9
Q
CODE EXCEPTIONS
-----------
Nonconformity
-----------
What happens to a property when LDC changes & property Nonconforms?
A

Grandfathered so long as the physical non-conformity or use non-conformity is not significantly intensified or changed.

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10
Q
CODE EXCEPTIONS
-----------
Vested Rts
-----------
When claiming vested rights, what are the requirements to invoke equitable estoppel?
A

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.

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11
Q
CODE EXCEPTIONS
-----------
Variance
-----------
State 6 pre-conditions to obtain a Variance.
A

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.

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12
Q
CODE EXCEPTIONS
-----------
Variance
-----------
What does Court look for when reviewing a variance decision?
A
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.
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13
Q

What are Developments of Regional Impact (DRIs)?

How are they approved?

A

CODE EXCEPTIONS

  1. Big projs (a) impact other juris or (b) unique (marinas, airport}.
  2. Now approved via State Coordinated Rvw (process used for CPs) unless development is consistent with CP.
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14
Q

Which type of zoning does not allow conditional approval?

A

Standard. What you see is what you get.

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15
Q

Which type of zoning does not require a site plan?

A
ZONING
-----------
Standard.
-----------
Note, I always think 'typical,' but it is "Standard."
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16
Q

Which type of zoning usually requires a site plan?

A

PUD.

17
Q

Which type of zoning always requires a site plan?

A

Special or Conditional Use.

18
Q

Which type of zoning can be conditionally approved?

A

PUD, Special or Conditional Use.

19
Q

Name the one type of zoning does not require addtl public hearings.

A

Standard.
Once approved, any permitted use within that category is approved without addtl. public hearing.

20
Q

What zoning requires buffers?

A

PUD. If have a difficult location, sensitive, buffering.

21
Q

What is the “special injury” test for 3rd parties to have standing for a writ?

A

Show special damages peculiar to the party which differ in kind (as opposed to degree) to the damages suffered by the community as a whole.
PLUS
Special interest group must show that a substantial # of mbrs are similarly affected.

22
Q

When is Re-Zoning Legislative?

A

  1. Affects a large portion of the public
    OR
  2. Affects a small portion of the public but requires a CP amendment.
23
Q
NOTICES
-----------
FOR 50 ACRES +
To Amend CP, i.e., 
(a)  Actual uses in zoning category, or 
(b)  Actual zoning map designation,
what PHs & notice are required?
A
NOTICES
-----------
PHs:
1.	2 PHs;
2.	1 PH @ 5 pm on wkday unless vote by a super maj
NOTICES:
1.	2 ads w/ 18 point font w/maps.
OR
2.      Mail to Os.
24
Q
NOTICES
-----------
FOR LESS THAN 50 ACRES
What notice is required to pass an Ordinance re: less than 50 acres for Small Scale Amendment of CP, i.e.
(a)  Actual zoning map of land.
A

NOTICES

  1. 10 day publish +
  2. 30 days advance notice MAILED to Os.
  3. 1 PH.