Zoning Flashcards
What is zoning and where does it come from?
Zoning is a restriction upon the use of a property put in place as an exersice of the state police power.
The police power is often delegated to local authority
What is Euclid rule of Zoning?
Zoning is permissible and will be upheld so long as it is NOT ARBITRARY AND UNREASONABLE
What does it take for a zoning ordinance to not violate the Euclid rule?
Zoning must be justified as promoting the health, safety, and welfare of the public
Standard Act of Zoning
Planning and Zoning Commission creates a comprehensive plan for land usage and recommends a zoning ordinance in accordance with plan which is approved by governing body. Typically divides into districts with regulations for each
Creates Board of Zoning Appeals to ensure zoning regulations do not operate inequitably and to grant variances and special exceptions
What is a variance?
Permission for the land to depart from the requirements in some way
What are the types of variances?
1) use variance
2) area variance
Define use variance and explain the test to obtain one
A use variance allows the land to be used in a way not in compliance with the ordinance
It requires showing undue hardship: there is no other reasonable use to which the property could be put, plight unique to owner and not community in general, and grant will not alter character of neighborhood
Undue hardship
No other reasonable use to which property could be put: land cannot earn a reasonable return on investment. Owner’s plight is unique, granting variance won’t alter character of neighborhood
Define area variance and its test
Use not in conformance with some numerical requirement of ordinance ex. setback distance
Practical difficulties test: experience at least inconvenience. Won’t substantially impact neighborhood, no good alternative, and is consistent with spirit and intent of ordinance
True or False: Courts are sympathetic if variance is needed because of self-created difficulties
Very false
True or False: a non-conforming use that exists prior to the ordinance does not need a variance/exception to continue after the ordinance is enacted
True. This is known as being grandfathered in
True or False: a valid non-conforming use ceases to exist if 50% or more of the property is destroyed
True
Effect of abandonment on non-conforming use
Destroys it. Time needed to be abandoned varies by Jx
Vested right defined
Wants to grow up and be a non-conforming use. Occurs when, at time of ordinance, have obtained building permits and made substantial expenditures on plot not in conformance with ordinance
What are some examples of something a zoning ordinance might regulate?
Types of buildings allowed, size and dimensions, % of land able to be occupied, distance from boundary, population density
