zoning Flashcards
Zoning classifications
U1 (most restrictive) to U7(prisons and stinky factories)
spot zoning
a zoning amendment that delivers special private benefits (and no public benefits) to small, discrete parcel of land and not in conformity with the comprehensive plan. • Invalid where some or all of the following factors are present:
o A small parcel or land is singled out for special and privileged treatment
o The singling out is not in the public interest but only for the benefit of the landowner
o The action is not in accord w/ a comprehensive plan
o If the court feels the zoning amendment favors a landowner at the expense of surrounding property owners or is detrimental to the integrity of the comprehensive plan of development, the court will invalidate the zoning amendment as spot zoning
Euclid
Zoning is lawful exercise of police power. Sets std for court review - not clearly arbitrary and unreasonable - very deferential standard.
zoning enabling
state enabling act, zoning commissions and board of adjustment (appeals - allow special exceptions and variances), must be in accordance with a comprehensive plan (a stmt of local gvt objective and stds for development - only 1/2 of states require).
nonconforming uses
existing uses grandfathered into zoning laws. Terminates if abandonment, force majeure, destruction, nuisance, or if you cease grandfathered use. Some are forced phase out.
PA NW distributors v. Zoning Hearing Board
adult bookstore in neighborhood. Amortization and discontinuance of lawful existing use wasn’t constitutional (violates due process takings) - bc it was unreasonable.
vested rights and estoppel
city made a mistake on which you relied to your detriment
variance
Has to be a an undue hardship to claim, but it should not diminish the public zoning plan - usually granted if its good for the area and bolsters common good. zoning law sets them. Balancing test. Not about personal help or desire - it’s about the land.
amortization period
The time period in which nonconforming uses must be phased out. Majority rule - valid if reasonable period - reasonable factors include: nature of use, character of the structure, location, portion of user’s business affected, salvage value, depreciation, monopoly possibility to competing uses. Minority rule - invalid, uncompensated taking. (PA NW Distributors).
undue hardship
absent a variance, it means that the property may not effectively be used (Commons v. Westwood Zining Bd of Adjustment)
types of variances
area variance - used to alleviate sitting problems (setback reqs or minimum yard area.
use variances - (muti-family) harder to get bc goes to heart of nuisance prevention.
Cope v. Town of Brunswick
giving the board of adjustment legislative decision-making is unconstitutional.
State v. City of Rochester
amendment allowing high rise condo was compatible with legislative determination for need to have more high density housing. (not spot zoning)
floating zone
use designation not attached to any particular land until a landowner seeks the classification (toxic dump).
State ex rel Stoyanoff v. Berkley (pg. 74)
aesthetics valid use of police power bc protects prop values
City of Isaqqah
ad hoc standards don’t work. Standards that are too subjective don’t work.
signage
ok if not adequete substitute. Location = identity
Euclid
HSW = zoning. Court will declare a statute unconstitutional only if the provision is clearly arbitrary and capricious - having no relation to the promotion of the claimed legitimate state interest
Doctrine of prior nonconforming uses
cannot do things which prolong the life of the building and can’t make drastic changes
reqs for variance
hardship, no subst detriment to neihbs, not substantially incompatible with comprehensive zoning plan
Difference between a variance and an exception
• A variance permits an owner to use land in a manner otherwise prohibited by the zoning ordinance
• A special exception allows an owner to put property to a use that the ordinance expressly permits
o An exception is a conditional use under a zoning ordinance and results from a legislative determination that such use will not ordinarily be detrimental or injurious to the neighborhood within the zone
Conditional rezoning:
situation where the property owner agrees unilaterally to use the land in a specified manner• Zoning authority demand that a landowner comply with conditions as part of the rezoning
• Zoning authority does not consider rezoning until the landowner has recorded some specified affirmative or negative covenants on the use of the property
Cluster zones
flexibility device whereby a developer is permitted to construct dwellings in a pattern not in literal compliance with the area restrictions of a zoning ordinance. allows to increase density
PUDs: Planned Unit Developments
generally have a mix of residential, commercial, and sometimes industrial uses.
• Developer can coordinate single-family and multi-family uses with commercial uses to meet the needs of the residences- flexibility of uses allowed on the tract
DIFFERENCE: Cluster zones involve area variations; PUDs involve area AND use variations
