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."
Which type of zoning usually requires a site plan?
PUD.
Which type of zoning always requires a site plan?
Special or Conditional Use.
Which type of zoning can be conditionally approved?
PUD, Special or Conditional Use.
Name the one type of zoning does not require addtl public hearings.
Standard.
Once approved, any permitted use within that category is approved without addtl. public hearing.
What zoning requires buffers?
PUD. If have a difficult location, sensitive, buffering.
What is the “special injury” test for 3rd parties to have standing for a writ?
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.
When is Re-Zoning Legislative?
- Affects a large portion of the public
OR - Affects a small portion of the public but requires a CP amendment.
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?
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.
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.
NOTICES
- 10 day publish +
- 30 days advance notice MAILED to Os.
- 1 PH.
What is the Future Land Use Map & how does it differ from Zoning Map?
CHALLENGE ----------- FLUM 1) Required part of CP under 163. 2) With CP, identifies range of uses for a property within 20 years. ----------- ZONING 1) Optional, often adopted w/ LDRs. 2) With LDRs, identifies uses which are PRESENTLY permitted.
CHALLENGE ----------- Re: maps: (1) Which one is optional, which is mandatory? (2) For what doc?
CHALLENGE ----------- FLUM -- mandatory -- CP's future land use element --- ZONING -- optional -- LDR
CHALLENGE ----------- Re: Maps (a) Which speaks presently, which speaks future? (b) How far into the future?
ZONING - present
FLUM - 20 yrs future
CHALLENGE ----------- What is Site Plan Review a part of? --- When is it considered?
CHALLENGE ----------- PUD Zoning. --- If you want PUD Zoning, need PH.
You bought piece of a parent tract w/ the development rights you want. Do you get them?
Not automatically. If only got title, that’s all you get.
What are terms that fall under “Conditional Uses”?
CHALLENGE ----------- Special Exception & Special Permit.
What are the burdens in requesting a Conditional Use?
App - prove compliance w/ LG criteria.
LG - prove does not meet criteria & is, in fact, vs. public interest.
A use or structure that was lawful under regs in effect at the time built but not now.
Non-conformity.
What is interchangeable with the term “vested right”?
Equitable estoppel.
What is the test for equitable estoppel/vested right?
CHALLENGE ----------- it's Equitable that a Good Act will Change you. ----------- 1) Relied in good faith. 2) upon some Act or omission of lg 3) made a substantial Change such that it wd be inequitable.
As a subset of vested rights, give an example of legislative vesting.
DRIs are vested from compliance w/ a more recently adopted CP.
6 items of criteria for Variance.
CHALLENGE
1) Special conditions peculiar to land.
2) Not caused by App.
3) Variance will not confer special privilege.
4) Strict application of LDRs = undue hardship.
5) Variance is minimum necessary to make reas use of prop.
6) Consistent w/ gen area.
Under what conditions can you NEVER amend a zoning map?
Emergency ordinance or resolution cannot amend zoning map.
