Zoning

Question 1

Zoning

Answer 1

Pursuant to its police powers, a state/local government may enact statutes to reasonably control land use for the protection of the health, safety, morals, and welfare of it citizens
-Invalid id discriminatory, violate due process, or are beyond scope of authority
-Elimination of once lawful use requires compensation for taking

Question 2

Variance

Answer 2

Permission to depart from a zoning restriction

Two requirements:
1. Undue hardship
2. No diminution to neighboring property values

Question 3

Cumulative zoning

Answer 3

Creates a hierarchy of uses of land:
1. single family home
2. two family home
3. apartment building
4. strip mall
5. factory

*Any higher use is allowed

Question 4

Noncumulative zoning

Answer 4

Land may be used only for the purposes for which it is zoned

Question 5

Special use permit

Answer 5

Must obtain special use permit even though the zoning is proper for the intended use
-Require certain safety standards
-i.e., hospitals, gas stations, funeral homes