Zoning, Condominiums, and Natural Rights Flashcards
Zoning
Pursuant to its police powers, government may enact statues to reasonably control land use for the protection of the health, safety, morals, and welfare of its citizens.
The zoning power is based on the state’s police power and is limited by the Due Process Clause and Equal Protection Clause of the 14th Amendment and the No Taking without just compensation clause of the 5th Amendment.
Cities and counties can exercise zoning power only if so authorized by a state enabling act.
The Variance
the variance is the principal means to achieve flexibility in zoning. The variance grants a landowner permission to depart from the literal restrictions of a zoning ordinance.
The variance is granted or denied by administrative action, typically in the form of a zoning board. Usually, a variance will not be granted if the hardship has been created by the applicant themselves.
Nonconforming Use
A nonconforming use cannot be extended or intensified in ways that constitute a substantial change, but insubstantial changes are permitted.
Owners can make reasonable changes to repair their premises and make them practicable for their purposes. If there is any doubt as to whether a change is substantial or insubstantial, the doubt is resolved against allowing the change.
Cumulative Zoning Ordinance
A cumulative zoning ordinance creates a hierarchy of uses of land, where a single-family home he highest use, followed by a two-family home, and then an apartment building, and then a strip mall, and then a factory.
Under cumulative zoning, land that is zoned for a particular use may be used for the stated purpose.
Noncumulative Zoning Ordinance
Land may be used only for the purpose for which it is zoned.
Special Use Permit
a special use permit is one that must be obtained even though the zoning is proper for the intended use. It is often required for hospitals, funeral homes, drive in business, and so on.
