Zoning Flashcards
What is the primary purpose of zoning?
Greatest benefit to the public.
List four pros of zoning.
- Democratic control
- Economic coordination
- Peaceful neighborhoods
- Aesthetic preservation
List three cons of zoning.
- Potential for abuse/corruption
- Inflexibility
- High cost of compliance
What is Euclidean Zoning?
Established rational basis review where the court will uphold zoning unless it’s clearly arbitrary, unreasonable, or has no relation to public health/safety, welfare.
What is Non-Euclidean Zoning?
Allows for more flexibility and mixing of districts.
What does the 5th Amendment Takings clause relate to in zoning?
Zoning goes too far restricting use, such as reclassifying land as a ‘coastal conservation area’.
What does the 1st Amendment address in the context of zoning?
Zoning burden on religious land use.
What is an As-of-Right-Use?
Land use automatically permitted under zoning ordinance for the zone property located.
What is a Special Exception in zoning?
Allowed by ordinance, but only with case-specific approval.
What is an Area Variance?
Allows deviation from physical requirement.
What is a Use Variance?
Allows a prohibited use.
According to Cochran, when should variances be granted?
Only if zoning ordinance eliminates all reasonable uses of property.
What is Nonconforming Use?
A legal use predating zoning change can continue but:
(How nonconforming uses can be limited or lost)
💡 Think: it can be E.R.A.S.E.
* Expansion prohibited (Can’t enlarge or intensify the use)
* Reestablishment barred after discontinuance
* Abandonment (or relinquishment, failure to act)
* Sunset / phase-out allowed
* Existing use changes = lost status (Switching to a different use loses protection)
What does E.R.A.S.E. stand for in zoning limitations?
- Expansion prohibited
- Runs with the land
- Abandonment
- Sunset / phase-out allowed
- End of lawful status if use changes
What is Eminent Domain?
Government power to take private property, must provide ‘just compensation’.
What is meant by ‘just compensation’ in the context of Eminent Domain?
Means fair market value (FMV) but does not include sentimental value.
What constitutes ‘Public Use’ in Eminent Domain?
- Broad: economic/social value
- Narrow: Actual use or right of access by public
What is the significance of the Kelo case?
City took homes for private developers’ economic revitalization plan.
What are the three requirements for ‘public use’ as per Hathcock?
P.A.N.
** Public concern
* Accountability
* Necessity
What defines a Per Se Physical Taking?
Government or third party physically occupies private property indefinitely.
What is a Per Se Total Required Taking?
Required action that denies all economically beneficial use of land.
What is the Penn Central Test?
A test for determining regulatory takings based on three factors: Interference with investment-backed expectation, character of government action, and economic impact.
What are the three factors of the Penn Central Test?
- Interference with investment-backed expectation
- Character of government action
- Economic impact
What does the Hadacheck case illustrate about zoning?
A requirement that stops a lawful business isn’t a taking if it’s rationally related to public policy.
