Zoning

Question 1

Law is unconstitutional only if it is clearly arbitrary and unreasonable, and has no substantial relationship to the public health, safety, morals, or general welfare
This test is the default rule (applies unless Strict Scrutiny applies) when determining the constitutionality of land use regulations

Answer 1

Rational Basis Test

Question 2

Discriminates against a suspect class (race, ethnicity, etc.) or
Impairs a fundamental constitutional right (freedom of speech)

Answer 2

Strict scrutiny is applied when the law:

Question 3

_______ ________ set forth the uses that were permitted in each district and established other restrictions (height, density, building size, setbacks, etc.)

Answer 3

Zoning ordinance

Question 4

The ordinance must be justified under some aspect of the police power of the state, asserted for the ______ _______

Answer 4

public welfare

Question 5

An ordinance is _______________ only if its provisions are “clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.”

Answer 5

unconstitutional

Question 6

allows the government to intervene in matters that involve the health, welfare, and safety of society

Answer 6

Police Power

Question 7

A use that was legal at the time the use began but, because of the enactment of or amendments to the zoning ordinance, the use is no longer permitted in the district

Answer 7

nonconforming

Question 8

If a subsequent owner acquires the property, the subsequent owner has the right to continue the ___________ use

Answer 8

nonconforming

Question 9

The use cannot be expanded
The structure cannot be expanded for that use
Only ordinary repairs are allowed; no rebuilding

Answer 9

Restrictions on nonconforming uses

Question 10

If the use was discontinued or abandoned
If the structure was destroyed
If the use constituted a nuisance under nuisance law
If the property was acquired by the municipality through eminent domain

Answer 10

Traditionally, nonconforming uses could only be terminated:

Question 11

Relatively new (and rarely used) method of terminating a nonconforming use:

Answer 11

amortization

Question 12

The nonconforming use is “phased out” over a period of time determined by the municipality

Answer 12

Amortization

Question 13

Allows the nonconforming use to continue for a period of time necessary to allow the owner to recover its investment (so the municipality does not have to compensate the owner as would be required under eminent domain)

Answer 13

Amortization

Question 14

Where it is permitted, the ___________ period must be reasonable as determined by a variety of factors

Answer 14

amortization

Question 15

Amendment to the zoning ordinance is valid unless:
The amendment is clearly arbitrary and unreasonable and
The amendment has no substantial relationship to the public health, safety, morals, or general welfare

Answer 15

Rational Basis test

Question 16

Amendment to the zoning ordinance is valid only if:
There was a mistake in the original zoning ordinance, or
Conditions or circumstances have changed so significantly that the original zoning ordinance should no longer apply

Answer 16

Change or mistake approach

Question 17

Singles out one parcel, usually small in relative size, and treats it differently
The parcel is treated differently primarily for the benefit of a particular person, not for the public
The rezoning is inconsistent with the uses in the surrounding area

Answer 17

Spot zoning exists when an amendment/rezoning:

Question 18

Spot zoning is per se arbitrary

Answer 18

If a court finds that a local government’s decision constituted spot zoning, the court will strike down the rezoning

Question 19

_____ _______ constitutes an arbitrary, capricious, and unreasonable treatment of one parcel of land

Answer 19

Spot zoning

Question 20

A ________ is an exception to the requirements of the zoning ordinance which is made for a specific property when the strict enforcement of the zoning ordinance would result in an unnecessary hardship on the owner and would render the land unable to be developed for any reasonable use

Answer 20

variance

Question 21

The land has unique physical conditions, circumstances, or topography that create an unnecessary hardship
Because of the unique physical conditions, the land cannot be developed in strict compliance with the zoning requirements

The hardship was not created by the party seeking the variance

The variance will not:
Alter the essential character of the surrounding area
Substantially or permanently impair the use or development of adjacent lands
Be detrimental to the public welfare

The variance must be narrowly construed

Answer 21

Variances

Elements

Question 22

Exception which allows the owner to deviate from the height restrictions, setback requirements, building size, floor area ratio (ratio of the building to the size of the lot), density (number of units on the lot), lot size, street frontage, or other physical requirements or restrictions

Answer 22

Area variances

Question 23

Exception which allows the owner to use the land for a specific purpose which is not permitted under the zoning ordinance

Answer 23

Use variances

Question 24

In most states, an unnecessary hardship exists only if there is ___ ________ ___ of the land without the variance

Answer 24

no reasonable use