Zoning

Question 1

Zoning Defin

Answer 1

Zoning is an inherent power of the state, derived from its police powers - We allow government to enact zoning ordinances to reasonably control land use, and for the protection of , general healthy, safety and morals,

Question 2

Euclidean zoning accomplishes its purposes through

Answer 2

1) Separation of Uses
Highest Use - Housing (allowed anywhere)
Commercial & industrial uses are lower
2) Density Controls
- Indirectly control the number of ppl using an area of land - height limitations, set backs, minimum house and lot sizes
- Indirectly include population density i.e no more than 4 people in one unit

Question 3

Non-conforming uses

Answer 3

• once lawful, existing use that is now rendered nonconforming because of a new zoning ordinance
• Nonconforming use cannot be eliminated all at once without just compensation (Takings Clause issues)

Question 4

Amortization

Answer 4

The gradual elimination of the nonconforming use
- Factors for determining reasonableness:
i. Nature of the use
ii. Amount invested
iii. Number of improvements
iv. Public detriment
v. Character surrounding the neighborhood
vi. Amount of time needed to amortize the investment

Question 5

Ways around zoning ordinances

Answer 5

1) Variance - Permission to depart from the literal eq of the zoning ordinance
I) Area Variance - deals with the problems of compatible use but ill fit

  ii) Use variance - seeks to depart from the list of uses that are permitted in a given zone  2) Special exceptions 
	i) Use that is generally compatible with other uses permitted in a zoning district but something about its nature means it must receive approval before allowed 
     ii) Theory = Certain uses can peacefully coexist with their neighbors when they are limited in specific ways

Question 6

Area Variance

Answer 6

• Deals with problems of compatible use but ill fit
  Test:
  1) Undue hardship that is not self imposed; must show practical difficulties
  1. Undue hardship = without a variance land cannot practically be used given the existing zoning even if a permitted use is theoretically possible
  - Must be peculiar to the property bot in general
  - Courts will consider efforts by owner to alleviate hardship
  2) Grant will not substantially impinge upon the public good and the intent and purpose of the zoning plan an ordinance

Question 7

Use Variances

Answer 7

Seeks to depart from the list of uses that are permitted in a given zone
Test:
1) Undue hardship has not been self imposed; must show strict hardship
1. Land cannot be used AT ALL
2. Peculiar to property
3. Efforts by owner
2) Grant will not subst impinge upon public good and the intent/purpose of zoning plan/ordinance

Question 8

Spot Zoning

Answer 8

Factors to determine if it spot zoning is happening:
I) Small parcel of land is singled out for privileged and special treatment
ii) Singling out is not in the public interest but only for the benefit of the landowner and or
iii) The action is not in accord with the comprehensive plan

Question 9

Aesthetic Zoning

Answer 9

Old doctrine - Police power cannot be used to accomplish objectives that are purely aesthetic
Modern doctrines - Most states hold cities may enact regulations primarily for aesthetic objectives now

c. Two main controls on aesthetic regulations
i. Free speech and
ii. Due process