Zoning Flashcards
what is zoning power?
(pursuant to police powers) government may enact laws to reasonably control land use for the protection of the health, safety, morals, and welfare of its citizens
what constitutional provisions is a state’s zoning power subject to?
Due Process and Equal Protection clauses (14th amendment) and “no taking without just compensation” clause (5th amendment)
what is variance?
a means of achieving flexibility in zoning; it grants a landowner permission to depart from the literal restrictions of a zoning ordinance
what 2 things must a person show to have variance?
1) undue hardship
2) no diminution in neighboring property value
will variance be granted when hardship is caused by applicant themselves?
NO (can’t be self imposed hardship)
generally, when is a zoning ordinance invalid?
- no reasonable relation to public welfare
- too restrictive
- discriminatory as to a particular parcel
- beyond the grant of authority (zoning power)
- violate due process
- racially discriminate
if a new zoning ordinance makes a once lawful use now unlawful, can the once lawful use be eliminated all at once?
NO, unless just compensation is paid for the taking
what are the 2 types of zoning ordinances?
cumulative and non cumulative
what is a cumulative zoning ordinance?
ordinance that creates a hierarchy of uses of land; and land that is zoned for a particular use may be used for its stated purpose and for any HIGHER use
what is the general hierarchy of land uses? (cumulative zoning)
1) single family home
2) two-family home
3) apartment building
4) strip mall
5) factory
what is NON cumulative zoning?
ordinance in which land may be used ONLY for the purpose for which it was zoned (no moving up/down)
what is a special use permit?
permit that must be obtained even though the zoning is proper for the intended use (unlike variance)
**NOTE = often required for hospitals, funeral homes, drive-in businesses, etc
