Zoning

Question 1

Zoning - General Concept

Answer 1

• pursuant to police powers, gov may enact statutes to reasonably control land use for protection of health, safety, morals, + welfare of citizens
• zoning power based on state’s police power + limited by Due Process and Equal Protection clauses of 14th Am + takings clause of 5th Am
• cities and counties can exercise zoning power if authorized by a state

Question 2

Variance - General Concept

Answer 2

• principle means to achieve flexibility in zoning
• grants landowner permission to depart from literal restrictions of zoning ordinance

Question 3

Variance - Requirements

Answer 3

• usually need to show undue hardship + no diminution to neighboring property values
• granted or denied by administrative action (typically zoning board)
• usually won’t be granted if hardship created by applicant themselves

Question 4

Zoning Ordinances - When Invalid

Answer 4

Usually if:
- no reasonable relation to public welfare
- too restrictive
- discriminatory as applied to a particular parcel
- beyond the grant of authority
- violate due process
- racially discriminatory

Question 5

Nonconforming Use

Answer 5

• issue of what to do with a once lawful, existing use -> can’t eliminate all at once through zoning w/o just compensation
• usually allowed to stick around

Question 6

Changes to a Nonconforming Use

Answer 6

• nonconforming use can’t be extended or intensified in ways that constitute a substantial change, but insubstantial changes are permitted
• owners can make reasonable changes to repair premises = make them practicable for their purposes
• if any doubt re whether change substantial, doubt resolved against allowing the change

Question 7

Types of Zoning Ordinances

Answer 7

• cumulative
• noncumulative

Question 8

Cumulative Zoning Ordinances

Answer 8

• create hierarchy of uses of land
  -> single family home highest use, then two-family home, then apartment building, then factory
• land zoned for one purpose may be used for stated purpose and any “higher” use

Question 9

Noncumulative Zoning Ordinance

Answer 9

• land may be used only for the purpose for which it is zoned

Question 10

Special Use Permit

Answer 10

• a permit that must be obtained even though the zoning is proper for the intended use
• often required for hospitals, funeral homes, drive-in businesses, etc.
• different from variance b/c variance gives permission to depart, vs. this is more the use is already allowed zoning wise but there are certain requirements you need to meet for the particular kind of construction project