Zoning Flashcards
Zoning generally
Pursuant to its police powers, government may enact statutes to reasonably control land use for the protection of health, safety, morals, and welfare of its citizens. The zoning power is based on the states police power, and it’s limited by the due process and equal protection, clauses of the 14th amendment, and the no taking without just compensation clause of the fifth amendment. Cities and counties can exercise zoning power only if authorized by a state enabling act. 
The variance
The variance is the principle means to achieve flexibility and zoning. The variance grants a landowner permission to depart from a literal restriction of a zoning ordinance.
The proponent of a variance must show undue hardship and that it will not diminish a property value.
The variance is granted or denied by administrative action, typically in the form of a zoning board. Usually a variance will not be granted, if the hardship has been created by the applicant themselves.
The non-conforming use - elimination of once lawful use
Once lawful use cannot be eliminated all at once, unless there is just compensation for the taking.
The non-conforming use - changes to nonconforming use
A non-conforming use cannot be extended or intensified in ways that constitute a substantial change, but in substantial changes are permitted. Owners can make reasonable changes to prepare their premises and make them practical for their purposes. If there’s any doubt as to whether they change in substantial or insubstantial, the doubt is resolved against allowing the change.
Cumulative zoning - two types
Two types of zoning ordinances: cumulative, and non-cumulative
Cumulative zoning - cumulative zoning ordinance
Commutative zoning ordinance creates a hierarchy of uses of land, where a single-family home is the highest use, followed by a two family home, then an apartment building, and then a strip mall, and then a factory.
Under a cumulative zoning ordinance, land that is zoned for a particular use maybe used for the stated purpose, and any higher use. 
Cumulative zoning - noncumulative zoning ordinances
Under a non-cumulative zoning ordinance, land may be used only for the purpose for which it is zoned.
Special use permit
A special use permit is one that must be obtained, even though the zoning is proper for the intended use. It is often required for hospitals, funeral homes, drive in businesses, and so on.
