zoning & taking Flashcards
Zoning must have a
rational basis to be constitutional.
A zoning ordinance is valid if it has a substantial relation to:
Public health
Public safety
Morals
General welfare
Zoning decisions are deferred to unless
arbitrary or unreasonable.
Types of Regulation PUS DF
- use
- density
- floor area ratio
- parking
- setbacks
Spot Zoning is Allowed if there is
a rational basis.
Reverse Spot Zoning
Singling out property for less favorable treatment — allowed if rational.
Non-Conforming Use Arises when
a new ordinance makes a previously legal use illegal.
non-conforming use may
continue for a reasonable time to recoup investment.
restrictions under non-conforming use
Cannot expand, enlarge, or extend the non-conforming use.
Amortization under non-conforming use
Must allow reasonable time to cease operations.
Vested Rights Doctrine
Protects landowners in process of developing when rules change.
Vested Rights Doctrine
Requires:
Final building permit issued.
Substantial reliance (significant investment).
Courts defer to rezoning unless
arbitrary or unreasonable.
Use Variance is
Allows land to be used in a way not permitted by current zoning (e.g., residential use in commercial zone).
Use Variance
Depends on
the basis of special circumstances
- considerations such as need for, residents desire, the effect.
Area Variance is
Modification of dimensional requirements (e.g., building height, parking).
More common than use variances.
Factors for Granting Area Variance: SES AN
Neighborhood Impact – Will it cause undesirable changes?
Alternatives – Are there other ways to achieve the goal?
Substantiality – How large is the deviation?
Environmental/Physical Effects – Will the area be harmed?
Self-Created Hardship – Did the owner cause the problem?
When is taking for a public use?
Test is whether taking for public purpose such as economic development
When is regulation a taking? test to determine if there should be compensation GRE
- economic harm
- reasonable expectation (investment backed)
- character of government action
So long as there is a public purpose of the taking then
it is allowed.can also include increase in jobs
Eminent domain
obvious taking. Govnt suing to condemn property
Just compensation for govnt taking is
fair market value
