Zoning and Transactions Flashcards
describes goals of city and strategy for development
- Comprehensive plan
comprehensive ordinance that limits and requires the uses and locations of land to achieve the goals of the city/state and be in compliance with the laws of the municipality
zoning code
Pros of Euclidean Zoning
Reduces conflict between competing uses; more comprehensive than servitudes; investment predictability
Cons of Euclidean Zoning
NIMBY; lack of regional planning
Use that was in existence (predates) before the zoning ordinance but would no longer be allowed after the new ordinance passes
nonconforming use
What is required to file a nonconforming use?
vested right (no special licenses needed)
What is the least needed for reliance coming from a vested right?
investment-backed expectation
forcing the termination of a nonconforming use when a set time expires
Amortization
2 preventative ways of restricting nonconforming uses
prevent expansion or alterations
2 requirements for a variance
unnecessary hardship; Proposed use does not impair basic purpose of zoning plan
Permits retail building in an office zone
use variance
Lifts restrictions related to physical characteristic
area or nonuse variance
Major difference between variance and nonconforming use
Variance is after ordinance; Nuse requires a vested right that predates zoning ordinance
specifically anticipated and listed uses that might happen but are currently banned unless certain criteria are met
special uses
parcel is rezoned rather than given a variance
spot zoning
zoning rules that govern how buildings look
aesthetic zoning (architectural review board)
illegal rezoning where developer promises to provide certain benefits to the zoning jurisdiction in return for zoning that allows the developer to accomplish its goals
Contract zoning
R1 to R2 to C
R1 may be built in R2 or C; cumulative zoning
written conveyance that transfers an interest in real property
deed
3 methods for descriptions in property
Survey, Plats, Metes/Bounds
Description of what is next to you
bounds
measurements along boundaries
metes
division of large lot bought then divided, signed by zoning board, recorded in deed registry
plats
Land system used for westward of Louisiana Purchase
Public land survey system
ability to obtain notice on documents that create a property interest
constructive notice
approach that favors notice over records
mud
2nd purchaser wins if it records first (gets in the deed book 1st)
race
2nd purchaser wins if it lacked notice
notice
second purchaser wins if records first and lacks notice
Race-notice
