Zoning

Question 1

In determining whether zoning ordinances create unnecessary burdens or hardships, what things might be considered? (3 things)

Answer 1

(1) The purpose of the zoning in question - what is it trying to accomplish?

(2) Impact of the zoning on the property

(3) The effect on the neighborhood or on the public interest in general

Question 2

T/F: You have a better chance challenging a zoning issue if you can point to a specific problem relating to:

Where a property is placed
How a particular zone is defined
The allowed uses of a specific zone

Answer 2

True

Question 3

Zoning is said to serve public health, morals, safety, and welfare, making it an exercise of what state power?

Answer 3

Police Power

Question 4

To survive a challenge, zoning decisions must be? (2 things)

Answer 4

Reasonable and non-arbitrary

Question 5

T/F: Sometimes a challenger to a zoning ordinance can make argument that its inconsistent with general or comprehensive plan

Answer 5

True

Question 6

T/F: Overall, zoning is a matter for legislative bodies and the connected branches (not really courts)

Answer 6

True

Question 7

When is a conditional use permit appropriate?

Answer 7

If decided that something could reasonably fit into a use zone, even though the specific use is not listed in the ordinance

Question 8

T/F: A variance is basically a waiver or exception to a zoning ordinance

Answer 8

True

Question 9

What is the difference between an “area variance” and a “use variance”?

Answer 9

Area variance
- Goes to the size, location, height of the building

Use variance
- Regulates what you can do on the property

Question 10

What is the “Central Requirement” to being granted a variance?

Answer 10

The person seeking the variance has a “hardship”
- Requirements vary from place to place
- A hardship justifying a variance must relate to the actual site
- Won’t work if you yourself created the hardship

Question 11

T/F: Spot zoning (or a map amendment) is not a problem if it serves the general purposes of a community and the comprehensive zoning plan is still intact

Answer 11

True (Bartram v. Zoning Comm. of Bridgeport)

Question 12

A refusal to act in accordance with the zoning yet the city allows them to carry on what they are doing. This is known as?

Answer 12

A nonconformity

Question 13

What is the most discussed possibility for resolving a nonconformity?

Answer 13

Amortization: Nonconformities have to terminate after a certain amount of time has gone by (as long as its reasonable)

Question 14

T/F: In PA Northwestern Distributors v. Zoning Board of Moon, the court considered 90 days a reasonable amount of time for “amortization” requiring an adult bookstore to close down.

Answer 14

False - 90 days is NOT reasonable

Question 15

T/F: In City of LA v Gage, the court considered 5 years to be a reasonable amount of time for amortization.

Answer 15

True

Question 16

T/F: The law is more willing to see aesthetics as a sole reason for denying sign designs

Answer 16

True

Question 17

T/F: In the San Diego Metro Media case, an ordinance completely banning billboards in San Diego is sustainable

Answer 17

False - likely to be first amendment issues - much better to have elaborate or detailed ordinances relating to size, nature, and location rather than an all out ban

Question 18

What are some techniques towns use to control growth via zoning? (5)

Answer 18

(1) Moratoria on development
(2) Quotas on development
(3) Timed sequential development
(4) Urban growth boundaries (drawing a line where residential starts)
(5) Population limits

Question 19

According to the Suburban Sanitary Case what will a court look to in determining whether a moratoria on development is reasonable? (2 things)

Answer 19

Purpose and duration