Zoning

Question 1

In standard zoning, what uses are available?

Answer 1

Wide range.

Question 2

State 3 characteristics of PUD.

Answer 2

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

Question 3

What is Overlay zoning?

Answer 3

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

Question 4

Define Special or Conditional Use zoning.

Answer 4

Use appropriate generally you want certain criteria to apply.

Question 5

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

Answer 5

1. Public hearing.
2. Public site plan.

Question 6

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

Answer 6

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.

Question 7

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

Answer 7

Q-J.

Question 8

State 3 exceptions to Code that are available.

Answer 8

[Varying Vests Do Not Conform, they are Exceptions to the dress Code]
———–
Variance, Vested Rts, Nonconformity

Question 9

Nonconformity
———–
What happens to a property when LDC changes & property Nonconforms?

Answer 9

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

Question 10

Vested Rts
———–
When claiming vested rights, what are the requirements to invoke equitable estoppel?

Answer 10

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.

Question 11

Variance
———–
State 6 pre-conditions to obtain a Variance.

Answer 11

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.

Question 12

Variance
———–
What does Court look for when reviewing a variance decision?

Answer 12

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.

Question 13

What are Developments of Regional Impact (DRIs)?

How are they approved?

Answer 13

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.

Question 14

Which type of zoning does not allow conditional approval?

Answer 14

Standard. What you see is what you get.

Question 15

Which type of zoning does not require a site plan?

Answer 15

Standard.
———–
Note, I always think ‘typical,’ but it is “Standard.”

Question 16

Which type of zoning usually requires a site plan?

Answer 16

PUD.

Question 17

Which type of zoning always requires a site plan?

Answer 17

Special or Conditional Use.

Question 18

Which type of zoning can be conditionally approved?

Answer 18

PUD, Special or Conditional Use.

Question 19

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

Answer 19

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

Question 20

What zoning requires buffers?

Answer 20

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

Question 21

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

Answer 21

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.

Question 22

When is Re-Zoning Legislative?

Answer 22

1. Affects a large portion of the public
   OR
2. Affects a small portion of the public but requires a CP amendment.

Question 23

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?

Answer 23

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.

Question 24

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.

Answer 24

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

Question 25

What is the Future Land Use Map & how does it differ from Zoning Map?

Answer 25

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.

Question 26

Re: maps:
(1) Which one is optional, which is mandatory?
(2) For what doc?

Answer 26

FLUM – mandatory – CP’s future land use element
—
ZONING – optional – LDR

Question 27

Re: Maps
(a) Which speaks presently, which speaks future?
(b) How far into the future?

Answer 27

ZONING - present
FLUM - 20 yrs future

Question 28

What is Site Plan Review a part of?
—
When is it considered?

Answer 28

PUD Zoning.
—
If you want PUD Zoning, need PH.

Question 29

You bought piece of a parent tract w/ the development rights you want. Do you get them?

Answer 29

Not automatically. If only got title, that’s all you get.

Question 30

What are terms that fall under “Conditional Uses”?

Answer 30

Special Exception
&
Special Permit.

Question 31

What are the burdens in requesting a Conditional Use?

Answer 31

App - prove compliance w/ LG criteria.
LG - prove does not meet criteria & is, in fact, vs. public interest.

Question 32

A use or structure that was lawful under regs in effect at the time built but not now.

Answer 32

Non-conformity.

Question 33

What is interchangeable with the term “vested right”?

Answer 33

Equitable estoppel.

Question 34

What is the test for equitable estoppel/vested right?

Answer 34

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.

Question 35

As a subset of vested rights, give an example of legislative vesting.

Answer 35

DRIs are vested from compliance w/ a more recently adopted CP.

Question 36

6 items of criteria for Variance.

Answer 36

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.

Question 37

Under what conditions can you NEVER amend a zoning map?

Answer 37

Emergency ordinance or resolution cannot amend zoning map.