Zoning

Question 1

Zoning Defined

Answer 1

-pursuant to its police powers, gov’t may enact statutes to reasonably control land use

Question 2

The Variance

Answer 2

• the principal means to achieve flexibility in zoning
• the proponent must show: i-undue hardship; ii-variance won’t decrease neighboring property values
• the variance is granted or denied by administrative action

Question 3

The Nonconforming Use

Answer 3

-once lawful, existing use now deemed nonconforming by a new zoning ordinance–it cannot be eliminated all at once unless just compensation is paid–otherwise, it could be deemed an unconstitutional taking

Question 4

Unconstitutional Exactions

Answer 4

-defined: exactions are amenities gov’t seek in exchange for granting permission to build