Zoning

Question 1

Zoning Power

Answer 1

Govt may enact laws to reasonably control land use (cities and counties must be authorized by an enabling act)

• Limitation — zoning ordinances must be reasonably related to the public welfare, not too restrictive, and not racially discriminatory

Question 2

Variances

Answer 2

Landowners can get govt permission to be exempt or vary from literal restrictions of a zoning ordinance.

• Requirements – to qualify for a variance, a landowner must show:
  1. Undue hardship; and
  2. No diminution to neighboring property values .

Question 3

Nonconforming Use

Answer 3

A once lawful existing use for property, now deemed nonconforming under new zoning laws.

• Govt cannot eliminate a use all at once (i.e., “zone out”) unless just compensation is paid
  » Govt may provide the landowner with amortization, whereby govt. will make payments to the landowner over a set period of time until the landowner recoups the value of the nonconforming use

Question 4

Cumulative Zoning

Answer 4

Land ranked and categorized to create hierarchy of uses (single-family home is the highest use)

Question 5

Special Use Permit

Answer 5

Certain property uses require a special use permit even where zoning generally allows the type of use (e.g., hospitals and drive-thrus in commercial zoning districts)