Zoning Flashcards
What are “zoning laws”?
Zoning laws are local government rules that determine how land can be used.
Zoning laws: is zoning proper - what is the first question to ask?
Is zoning valid?
How do you determine whether zoning is valid? *PUPPy”
Is it a proper use of the states police power? Does it rationally relate to the regulation of property in furtherance of police powers?
Zoning laws: is zoning proper - what is the second question to ask?
is it constitutional?
How do you determine whether zoning is constitutional?
Analyze whether the zoning violates the due process clause, equal protection clause, or takings clause.
What is “due process”?
Under 14th amendment no person shall be deprived of life, liberty or property w/o the right to be heard.
What is procedural due process?
Admin ONLY. Putting aside merits of the substantial content, have certain procedural requirements been complied with? Owner must have notice and a reasonable opportunity to be heard.
What is substantive due process? - Ask …
Does it violate the substantive property rights of the owner? cannot be arbitrary or capricious. Must bear rational relationship to permissible state objective..
What is the equal protection clause?
Prevents state from depriving citizens of equal protection of the law. Must bear rational relationship to permissible state objective.
Equal Protection - Substantive: What is the rational relation test? (“CIS”)
strict scrutiny test: suspect CLASSIFICATION (speech, religion, race, etc.), fundamental INTEREST + SIGNIFICANCE (state show compelling interest in meeting obj of zoning ord and show that it cannot be met by other obj means).
Zoning - what is the takings clause?
regulations that rob property of all economic value or exactions.
Valid ordinances may be challenged by: VNS
Variance, nonconforming use, special use permit.
What is a variance?
an individual exception to zoning ordinance.
What is an area variance?
An exception that allows a building to exist in dimensions that slightly violate zoning ordinances.
What is a use variance?
A permit that allows operation of a structure for a purpose not permitted by the ordinance.
How do you show that applicant is entitled to use variance? Show he is a PUS
(1) the variance would be inconsistent with PUBLIC interest; (2) without the variance the application would have UNNECESSARY hardship; and (3) the problem is SPECIFIC to the applicant’s real property.
What is a non-conforming use?
preexisting use of the land that does not conform to a new ordinance. Cannot be eliminated, unless it causes harm to the community, or just compensation is paid.
What is ammortization?
payments over time provided to landowner to gradually eliminate nonconforming use.
What is a special use permit?
required even if the zoning is proper for the intended use (hospitals): potential for unusual impact.
Zoning - Police Powers - government may reasonably …
control the use of land to protect the health, safety, or general welfare of citizens.
