Zoning Flashcards
Theory of Zoning
To prevent harm from incompatible uses by dividing a city into zones.
Source of Zoning Power
Local governments (cities or counties) regulate land use. Zoning is a valid exercise of the police power.
Due Process
Zoning regulations are subject to the requirements of due process.
Procedural Due Process
Legislative zoning actions do not require notice to each landowner, however, administrative actions do require notice.
Substantive Due Process
Zoning regulations must bear a rational relationship to a permissible state objective (public health, safety, welfare).
Zoning is subject to strict scrutiny when
it infringes on a fundamental right (such as free speech) (housing is NOT a fundamental right.)
State Due Process
State courts will strike down zoning regulations that are unreasonable.
Equal Protection Clause
The plaintiff MUST prove a discriminatory purpose or intent. (Red lining)
Takings Clause
Also known as Eminent Domain: Private property cannot be taken for public use without just compensation.
Nonconforming Use
A use that exists when the zoning ordinance is passed, that is not allowed in the newly zoned area. May remain but is limited on use or could be terminated.
Variance
A variance is an exception to a zoning ordinance that may be granted when an owner demonstrates practical difficulty OR undue hardship due to restricted use of the property. Variances run with land.
Density Controls
Rules that indirectly control the number of people using an area of land. May include height limitations, setback requirements and minimum lot and house sizes.
Procedural Factors the court considers when determining whether the government complied with due process in depriving person of property:
- Adequacy of Notice
- Quality of decision maker
- Opportunity of the owner to be heard & present evidence.
- Opportunity to confront, cross-examine or contest witnesses
- Was there an attorney present
- Was a formal decision rendered based on the record and with a statement of reasons for the decision?
Police Power
State governments with the authority to regulate the health, safety and welfare.
Area Zoning
Regulates the size of lots such as height of buildings and distance of structures from property boarders.
Use zoning
Divides municipalities into districts and regulates type of use within those districts.
Cumulative/Euclidian Zoning
Permits the use of that particular use AND any higher use.
NONcumulative Zoning
More restrictive than Euclidian, only permits the particular use for that zone.
Village of Euclid v. Amber Reality
H: Euclid’s zoning ordinance is constitutional.
F: Portions of Ambler’s land were zoned in such a way as to prohibit the development of industry.
R: Euclid has the right to exercise its police powers to separate industrial development from its residential sector.
Zoning restrictions are unconstitutional if:
- Clearly Arbitrary and unreasonable
- Without substantial relation to public health, safety, morals and general welfare.
