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)

Question 2

Zoning Power - Limitation

Answer 2

Zoning ordinance must be reasonably related to the public welfare, not racially discriminatory, and not violate Constitutional or federal statutory rights

Question 3

Variances - General and Requirements (2)

Answer 3

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

Requirements. Land over must show:
1) Undue Hardship; and
2) Variance will not be contrary to public welfare

Question 4

Nonconforming Use

Answer 4

Once lawful existing use for property not deemed nonconforming under new zoning laws

Govt. can’t 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 reasonable set period of time until the landowner recoups the value of the nonconforming 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)

Question 6

Exactions

Answer 6

Condition for govt. approval of a new development

• condition is usually a payment or gift of property to govt. to offset the devlopment’s demands on public services
• e.g. due to population increase from a new housing development, govt. will have to install new bus stops and traffic lights in surrounding areas. Gov can seek some exaction (payment) from developer

Question 7

Exactions - Requirements

Answer 7

Exactions are unconstiutional unless they satisfy the following:

1) Nexus: There must be a rational relationship (nexus) between the exaction sought by the govt. and the burden on public facilities; and

2) Proportionality: Exaction must reasonably relate, in nature and scope, to the impact of the devlopment