Zoning Flashcards
Zoning
pursuant to police powers, government may enact statutes to control land use
Variance
Grants a landowner permission to depart from a zoning stricture
- Proponents of variance must show undue hardship and that variance wont diminish property value
NonConforming Use
A once lawful existing use is now deemed non-conforming by a new zoning ordinance. The lawful use cannot be eliminated all at once unless just compensation is paid
Cumulative Zoning
Two types: Cumulative & Noncumulative
Cumulative Zoning Ordinace
Creates hierarchy of uses of land (where single family is highest use), then two family (lesser), then aprtment building, and then a strip mall, and then a factory
- Here, land that is zoned for a particular use may be used for that particular use and for any HIGHER Use.
noncumulative zoning
Land may be used only for purpose for which it is zoned
e.g. a strip of land used for commercial purposes cannot be used for single-family home
Unconstitutional Exactions
Exactions are amenities government seeks in exchange for granting persmission to build –> they need to be reasonably related to __ of prposed development
Condos and HOA - Condos
Condo - each owns the interior of her individual unit plus an undivided interest in the exterior and common elements: common stairways, front gate, community room
Condos and HOA - HOA
Owner of each condo is a member of the HOW which oversees the common elements
HOA passes rules (declaration of covenants, conditions, and restrictions)
that prescribe what owners can and cannot do with proerpty–enforced by governing board, elected by HOA
Each Condo owner has to pay regular dues to HOA to maintain common elements
If monthly fees are insufficient to pay necessary expenses – HOA imposes on additional fee called special assessment that each owner must pay
