Zoning Flashcards
due process clause
Procedural due process the government must follow the appropriate procedure before it can take a persons life, liberty or property. You must have notice and an opportunity for hearing. Substantive due process the government must have sufficient justification before it can take a persons life, liberty or property.
Rational Basis test
A law is unconstitutional only if it is clearly arbitrary and unreasonable, having no substantial relationship to the public health, safety, morals, or general welfare.
Euclid Test
A ordinance violated the due process clause if its “ provisions are clearly arbitrary and unreasonable having no substantial relation to the public health safety, morals, and general welfare.
Burden of Proof : A zoning is presumed to be constitutional. The party attacking the ordinance has the burden of proof.
Non conforming use
Any lawful existing use of structure or of land that does not conform to the applicable use regulations of the district in which it is located.
a valid non conforming use is established if a property owner can demonstrate that before the ordinance was adopted , the property was being used in a then lawful manner or a use that, by later become non-permitted.
A non conforming use can be terminated by abandonment or discontinuance, amortization, destruction of structure, eminent domain, nuisance.
Variance
a land owner must show that the effect of a zoning ordinance is to burden property with an unnecessary hardship that is unique to the property.
1. That the hardship was not self inflicted, be developed in the strict conformity with the zoning ordinance.
2. That the granting of the variance will not have an. Adverse impact on the public health, safety, morals, and general. Welfare.
3. The variance sought is the minimum variance that will afford relief.
4. That is because of such physical conditions, there is no possibility that the property can .
Ladue Architectural Standards
whether the proposed house meets the customary architectural requirements in appearance and design for a house of the particular type which is proposed.
Whether the proposed house in general conformity with the style and design of surrounding structures, and
Whether. The proposed house lends itself to the proper architectural development of the city.
In applying theses standards the Architectural Board and its chairman are to determine whether the proposed house will have an adverse affect on the stability of values in the surrounding one.
Takings Clause
No property shall be taken for public use without just compensation
Eminent domain
Where the exercise of the eminent domain power is rationally related to conceivable public purpose, the Couurt has never held a compensation ranking to be proscribed by the Public Use Clause.
Penn central Standard
There are three factors balancing test for determining if a regulatory taking had occurred. (!0 the economic impact of the regulation on te claimant (2) The extent to which the regulation has interfered distinct investment- backed expectations and (3) the character of the governmental action.
