Zoning Flashcards

1
Q

Zoning

A

an exercise of the police power to protect health, safety, welfare and morals. Regulatory power of states granted to state government officials by state constitution

Method to settle disputes about usage of land. Priority is single family stand alone home

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2
Q

Standard State Enabling Act (1922)

A

facilitated state delegation of state power to municipal zoning commissions.

Created: 1) Zoning Comission

2) Board of Zoning
3) can grant variances

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3
Q

Euclidean Zoning Value Scheme

A

Single Family (highest)
Apartments
Commercial
Industrial (lowest)

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4
Q

Limits not curtailed by Euclid

A
  1. can challenge specific provisions
  2. policy cannot be arbitrary
  3. no undue burden
  4. allows variances
  5. this P could go to zoning board or actually try to sell land
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5
Q

Exceptions

A

permitted by the ordinance itself

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6
Q

Variances

A

administratively authorized departures from the zoning ordinances granted in cases of hardship

  1. not in ordinance, must ask court for it
  2. unique to yo
  3. granted when undue hardship w/o harm to public good
  4. design to prevent regulatory takings lawsuits
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7
Q

Spot Zoning

A

improper permission to use an island of land for a more intensive use than permitted on adjacent properties

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8
Q

Conditional Zoning

A

unilateral agreement by property owner to use the land in a specific manner

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9
Q

Contract Rezoning

A

bilateral agreement between owner and zoning authority

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10
Q

Exclusionary Zoning

A

closing an entire community to unwanted groups of people

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11
Q

Fair Housing Act

A

prohibits discrimination on the basis of race, religion, color, sex ect.

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12
Q

Inclusionary Zonning

A

devices design to require or encourage developers to supply low and moderate income housing

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