Zoning (Ch. 10) Flashcards
When are where was the nation’s first comprehensive zoning ordinance passed?
New York City in 1916.
Which case is the foundation of U.S. zoning law?
Euclid v. Ambler Realty (1926)
Euclid v. Ambler Realty (1926)
Court upheld a zoning plan by the village of Euclid which divided the town into six classes uf use districts (U1-U6), with each class building on the previous one. It had been challenged as unconstitutional (due process), but the court said zoning is part of the police power b/c it will increase safety of home life, and prevent accidents by reducing traffic. They also said apartment buildings were disturbing and should not mix with residential houses.
rational basis test
test used in Euclid, which says a law is unconstitutional only of it is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.
strict scrutiny test
a law is constitutional only if it is narrowly tailored to accomplshed a compelling state interest.
What is the only major city that currently does not have a zoning ordinance?
Houston, TX
two basic components of a zoning ordinance
(a) the text of the ordinance, and (b) maps that implement the ordinance.
Does zoning apply to current non-conforming buildings?
No, almost always a new zoning ordinance will provide that it does not apply to lawful uses that already exist.
prior nonconforming use
A lawful use of land that existed before the existence of a zoning law, but is now in violation of that law.
Traditionally, a nonconforming use could be terminated only if…
(1) the structure was destoyed, (2) the use was abandoned, (3) the use was a nuisance, or (4) the municipality acquired the property through eminent domain.
amortization
an approach to ending prior nonconforming uses in which a time limit is set on that use, after which the nonconforming use must end.
AVR v. City of Saint Louis Park (1999)
D established a two-year amortization period for P’s concrete plant, which did not conform with zoning requirements. The court upheld the amortization period b/c it reflected the city’s consideration of the plant’s useful life, and an analysis of other relevant factors adopted by the city.
AVR factors for determining an amortization period
nature of the use, location of the property in relation to surrounding uses, uses of land in surrounding areas, cost of the property and improvements to the property, benefits to the public of ending the nonconforming use, burden on the property owner, and length of time the use has been in existence and length of time the use has ben non-conforming.
What happens if zoning law changes before a new project is completed?
The use will be protected as a prior nonconforming use if the landowner has already acquired the necessary permits and spent a substantial amount of money in good faith reliance. (this is called vested rights)
