Zoning (Module 15)

Question 1

Zoning Definition

Answer 1

Pursuant to police powers gov can enact statutes that rxbly control land use for general welfare

Question 2

Zoning Variances

Answer 2

Means of achieving flexibility in zoning laws; lets landowner depart from the restrictions of the zoning ordianance

Must show
1) undue hardship (caused by the zoning law, not created by yourself)
2) granting of the variance won’t diminish neighboring property values

Question 3

Nonconforming Use (Zoning)

Answer 3

If a once lawful, existing use is now deemed nonconforming by a new ordinance then it will constitute a taking to make them change

Nonconforming use can’t be extended or intesified in ways that constitute a substantial change but insubstantial changes are ok

Question 4

Cumulative and Noncumulative Zoning Ordinances

Answer 4

CUMULATIVE
Land is ranked/categorized to create a hierarchy of uses; lower ranked uses can be used for any “higher” use but can’t go lower; rankings:

1) single family home
2) two-family home
3) apartment
4) commercial
5) industrial

So 5 can be used for 1 or 3 and be used for 2, but 2 can’t be used for 4

NONCUMULATIVE
Land can only be used for the purposed for which it is zoned

Question 5

Special Use Permit (Zo

Answer 5

Must be obtained even though zoning is proper for the intended use

For things whose concerned are unique to them so that they need to meet extra criteria (e.g., hospitals, gas station, funeral homes)