Zoning - Asynchronous Flashcards
Are land use regulations typically imposed by states or the federal government? (Barros)
The states. (737)
What is the power that states have for land use regulations called? (Barros)
Police Power. (737)
Who usually uses land regulations? (Barros)
Municipalities. (738)
How do states delegate the power of land use regulations to municipalities? (Barros)
Through zoning enabling laws. (738)
What is amortization? (Barros)
Amortization strikes a balance between fairness to the property owner and effectiveness of the zoning law by allowing the pre-existing nonconforming use to continue for a set period of time and then requiring it to shut down. (749)
What are the three methods that a property owner can use to engage in a use that is otherwise not permitted under a zoning law? (Barros)
First, the property owner may receive a variance. Second, the property owner may demonstrate that she meets the requirement of a special exception. Third, the property owner may convince the municipal legislature to amend the zoning laws to permit her desired use of the land. (758)
What is a variance? (Barros)
A variance involves the grant of a waiver from the requirements of a particular restriction to a particular property owner. (758)
Who is a property owner’s request for a variance typically heard by? (Barros)
A property owner’s request for a variance typically is heard by a municipal administrative body, often called the board of adjustment or the zoning board of appeals. (758)
To be entitled to a variance, what must a property owner show? (Barros)
To be entitled to a variance, the property owner typically must show both (a) that she will suffer undue hardship if she does not receive a variance and (b) that the grant of a variance will not result in harm to the public or seriously undercut the overall zoning plan. (758)
How is the undue hardship test met? (Barros)
The undue hardship test is met if the land will be virtually useless unless the variance is granted. (764)
What is an area variance? (Barros)
The property owner was seeking relief from an area-based requirement of the zoning law. (765)
What is a use variance? (Barros)
A use variance is a variance that gives relief from a use-based requirement of the zoning law. (765)
Ex: One that permitted a commercial use in an area zoned residential.
What is a special exception? (Barros)
With a special exception, the use in question is expressly contemplated by the zoning code but is only allowed if certain conditions are met. (766)
Ex: A zoning ordinance might allow a medical office to be located in a particular area so long as the landowner could provide eight parking spots on the property.
What is spot zoning? (Barros)
Imagine that an area is zoned for single-family residential use. A zoning amendment rezones one parcel of property within this larger area to allow commercial use. After rezoning, the one parcel is an island of commercial use within an area of residential use. (771)
When do courts tend to invalidate spot zoning? (Barros)
Courts tend to invalidate zoning amendments as illegal spot zoning if the amendment results a parcel being singled out for special treatment that benefits the owner of that parcel and if the rezoning is inconsistent with the overall zoning plan. (771)
