Zoning

Question 1

Zoning: Rational basis test (Euclid Test)

Answer 1

(Clearly Arbitrary; Unreasonable)

“Is there a rational basis for the zoning” = nearly any reason under the Sun

a [Zoning] law is unconstitutional only if it is “clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.”

Burden of proof: A zoning ordinance is presumed to be constitutional. The party attacking the ordinance has the burden of proof.

Question 2

Zoning: Nonconforming Use

Answer 2

Nonconforming uses are “lawful existing use . . That does not conform with applicable use regulation”

• Not favored
• Expansion v. intensification (the former disallowed; the latter allowed)

Termination
- Abandonment or discontinuance (1. Intent and 2. Actually stops)
- Amortization = gradual extinguishing
- Destruction of structure
- Eminent domain
- Nuisance