Zoning

Question 1

What must a variance show? (2)

Answer 1

Undue hardship because of zoning ordinance AND

Variance won’t lead to an attendant decrease in the neighboring property values.

Question 2

How is a variance granted or denied? By . . .

Answer 2

Administrative action (typically, ZHB)

Question 3

What is a nonconforming use?

Answer 3

A once lawful, existing use that is now deemed nonconforming by a new zoning ordinance.

Question 4

Can the gov’t require an owner eliminate a nonconforming use?

Answer 4

Only if just compensation is paid.

Question 5

What is an exaction?

Answer 5

Those amenities that gov’t seeks in exchange for granting permission to build.

Question 6

You are a developer seeking permission to build a 200-unit residential development in the town of Utopia. The town tells you that it will grant you the requisite permit IF you agree top provide several new street lights, a small park, and wider roads. To pass constitutional scrutiny, these exactions, must be reasonably related in both the what and the what?

Answer 6

Both in the nature & scope to the impact of the proposed development.