Zoning Flashcards
What are three methods for preventing undue hardship with strict zoning enforcement?
- Variances
- Special use permits
- Zoning amendments (rezoning)
What is a variance?
An administratively authorized departure from the terms of a zoning ordinance.
Variances must run with the land - cannot be provided only to the original applicant.
What are the requirements for a variance to be granted?
- Undue hardship connected to the land
- The variance would not be detrimental to the zoning plan
What is an area (dimension) variance?
A variance having to do with the set-back requirements or other area-related requirements.
What is a use variance?
A relaxation on permissible uses in a particular area.
Ex: allowing commercial use in a residential zone.
What is a special exception (conditional use)?
A use permitted by an ordinance in a district where it is not necessarily incompatible, but where it might cause harm if not watched.
Ex: churches, schools, libraries, etc. in a residential area
What are the requirements for a special exception?
- There is a special exception provision in the zoning plan
- Specified standards are met
What are the requirements of a zoning amendment?
The amendment must show that it is conformance with the comprehensive zoning plan.
Bases may include: change in conditions, mistake in original zoning, public need for change, etc.
What is the Vested Rights Doctrine?
Any land use or structures built can continue even if the use or structure does not conform to the new law.
What is legal non-conforming use?
Pre-existing uses that do not conform with new zoning laws.
Non-conforming status runs with the land.
What are amortization provisions?
Provisions used to eliminate / phase-out legal non-conforming uses over time.
They are not recognized in all jurisdictions as constitutional.
