Zoning, Condos, & Natural Rights Flashcards
1
Q
Pursuant to its police powers, governments may enact statutes to reasonably control land use for the protection of the…
A
health, safety, morals, and welfare of its citizens.
2
Q
Variance is….
A
permission to depart from zoning restrictions.
3
Q
What must a proponent of a variance show?
A
(1) Undue hardship; &
(2) No diminution to neighboring property values.
4
Q
Zoning ordinances are generally invalid if they….
A
- Have no reasonable relation to public welfare;
- Are too restrictive;
- Are discriminatory as to a particular parcel;
- Are beyond the grant of authority;
- Violate due process; or
- Are racially discriminatory.
5
Q
If a lawful, existing use is deemed nonconforming by a new zoning ordinance, can the lawful use be eliminated at once?
A
No – unless just compensation is paid.
6
Q
Under a noncumulative zoning ordinance, land may be used only for…
A
the purpose for which it is zoned.
7
Q
Owners of condos vote to elect…
A
the board of the homeowers association, to manage the properties.
