Zoning

Question 1

Zoning

Answer 1

Pursuant to its police powers a government may enact statutes to reasonably control the use of land

Question 2

Variance

Answer 2

Allows flexibility in zoning regulation

Question 3

Elements Required for Variance

Answer 3

undue hardship, variance won’t decrease neighboring property value, variance usually granted administratively through zoning board.

Question 4

Nonconforming Use

Answer 4

Once lawful, existing use now deemed Nonconforming by a new zoning ordinance.

Cannot be eliminated all at once unless: city pays just compensation (unconstitutional taking)

Question 5

Exactions

Answer 5

City allows permission to build on condition that the builder build several new streetlights, small park and wider roads.

Could be considered extortion THEREFORE EXACTIONS MUST BE: reasonably related in nature and scope to the impact on the proposed development