Zoning Flashcards
Zoning
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
Standard State Enabling Act (1922)
facilitated state delegation of state power to municipal zoning commissions.
Created: 1) Zoning Comission
2) Board of Zoning
3) can grant variances
Euclidean Zoning Value Scheme
Single Family (highest)
Apartments
Commercial
Industrial (lowest)
Limits not curtailed by Euclid
- can challenge specific provisions
- policy cannot be arbitrary
- no undue burden
- allows variances
- this P could go to zoning board or actually try to sell land
Exceptions
permitted by the ordinance itself
Variances
administratively authorized departures from the zoning ordinances granted in cases of hardship
- not in ordinance, must ask court for it
- unique to yo
- granted when undue hardship w/o harm to public good
- design to prevent regulatory takings lawsuits
Spot Zoning
improper permission to use an island of land for a more intensive use than permitted on adjacent properties
Conditional Zoning
unilateral agreement by property owner to use the land in a specific manner
Contract Rezoning
bilateral agreement between owner and zoning authority
Exclusionary Zoning
closing an entire community to unwanted groups of people
Fair Housing Act
prohibits discrimination on the basis of race, religion, color, sex ect.
Inclusionary Zonning
devices design to require or encourage developers to supply low and moderate income housing