Zoning

Question 1

Zoning defined

Answer 1

Pursuant to its police powers, state and local governments may enact statutes to reasonably control land use.

Question 2

The variance: definition

Answer 2

Permission to depart from zoning strictures.

• Principal means to achieve flexibility in zoning.

Question 3

The variance: how to get it

Answer 3

The proponent must show:
1. Undue hardship because of the zoning ordinance
AND
2. The variance will not decrease neighboring property values.

• Variances are not easy to get.

Question 4

The variance: how granted/denied

Answer 4

The variance is granted or denied by administrative action (usu. a zoning board).

Question 5

Non-conforming use: definition

Answer 5

A once-lawful existing use now deemed non-conforming by a new zoning ordinance

Question 6

Non-conforming use: rule

Answer 6

A non-conforming use cannot be eliminated all at once unless the government pays just compensation.

• Otherwise, it could be deemed an unconstitutional taking.

Question 7

Exactions: definition

Answer 7

Exactions are those amenities the government seeks in exchange for granting permission to build.

Question 8

Exactions: passing constitutional muster

Answer 8

To pass constitutional scrutiny, exactions MUST:

1. be reasonably related to the impact of the proposed development
2. in nature
3. and in scope.

If not, exactions are unconstitutional.

• Governmental quid pro quo is suspicious.