Zoning Flashcards
Government’s Zoning Power
Under its Police Powers, government may enact statutes to reasonably control land use for the protection of the health, safety, morals, and welfare of its citizens.
Zoning power is limited by:
(1) 14th Amendment Due Process and Equal Protection Clauses
(2) 5th Amendment “no taking without just compensation” clause.
When are Zoning ordinances invalid?
If they:
- Have no reasonable relation to public welfare
- Are too restrictive
- Are discriminatory as to a particular parcel
- Are beyond the grant of authority
- Violate due process, or
- Are racially discriminatory
What is a “variance”?
A variance grants a landowner permission to depart from the literal restrictions of a zoning ordinance.
The variance is granted or denied by administrative action (zoning board). A variance will not be granted if the hardship has been created by the applicant themselves.
Two types of zoning ordinances
A cumulative zoning ordinance creates a hierarchy of uses of land.
Under a noncumulative zoning ordinance, land may be used only for the purpose for which it is zoned.
Special Use Permit
A permit that must be obtained even though the zoning is proper for the intended use.
Often required for hospitals, funeral homes, drive-in businesses, and so on.
