Zoning

Question 1

Zoning source of law

Answer 1

Police powers

Question 2

Variance

Answer 2

Flexibility tool

Permission to depart from zoning restriciton.

Land owner must show:
1) undue hardship
2) would lead to no diminution to neighboring property values

Question 3

Nonconforming use

Answer 3

Previosully allowed use CANNOT be eliminated all at once unless just compensation paid

Nonconforming use stays so long as nothing changes. If you change the nature of the lot/unit/building, it goes away.

Question 4

Cumulative Zoning

Answer 4

Land is ranked and categorized to create a heiarchy of uses (single family home is highest use)

Under cumulative zoning ordiannce, land zoned for that particular use and for any HIGHER use.

Question 5

Noncumulative zoning

Answer 5

Land may be used ONLY FOR THE PUPOSE FOR WHICH IT WAS ZONED

Question 6

Special Use Permit

Answer 6

Because certain developments implicate certain concerns, SUPs Must be obtained EVEN THOUGH the zoning is proper for the intended use.

Often required for hospitals, funerals, drive in businessses.