zoning

Question 1

what do zoning ordiances do

Answer 1

enable local governments to control the uses and structural designs that owners may employ on their land
They allow local governments to create an environment that promotes the public health, saftey, morals, and general welfare of its citizenry

Question 2

Village of Euclid v amber reality - zoning ordinance is challenged as violating the 14th amendment

Issue: may cities and municipalities constitutionally pass zoning regulations?

Answer 2

Holding; Municipal zoning regulations are constitutional, unless they are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.

Question 3

what is Euclidian zoning

Answer 3

zoning by district

Question 4

what is a variance

Answer 4

an exception to any zoning rules; it allows the landowner to be excused from complying with the ordinance if doing so would cause unnecessary HARDSHIP or practical difficulties for the landowner

Question 5

define use variances and area variances

Answer 5

use = permit USE otherwise prohibed in the district

area= permit deviations from area, bulk, set back, street frontage, floor space, and height and other non use requirements of the zoning ordinace

Question 6

with variances, what is meant by hardship

Answer 6

the hardship must stem from the nature of the land and not private need; and self imposed hardships dont count

Question 7

what does the general test used for vairiance focus on

Answer 7

hardship to the property owner and protection of public interest

Question 8

what do we conisder when we talk about public interest when it comes to granting a variance or not

Answer 8

Will the variance alter the character of the area?
Considers the aesthetics of the land

Question 8

Commons v westwood zoning board of adjustment: house cant be built on land after zoning ordinances change

Plaintiff Weingarten, a builder, contracted to purchase the property on the condition that he could construct a one family
residence on the lot

A variance from the zoning ordinance was needed for two reasons

Plaintiff W submitted a plan for a larger home which he claimed could be scaled down; the proposed setback would also conform with the zoning plan

Issue : did the p show appropriate undue hardship for grant of variance

Answer 8

A zoning board may grant a variance if strict application of zoning laws would cause a property developer undue hardship, provided the variance does not harm the public or substantially impair the intent and purpose of the zoning plan

Question 9

with the varinece exception to zoning, what does it mean that the undue hardship cant stem from a private need?

Answer 9

it means that the hardship must stem from the nature of the land; there must normally be an unusual physical condition o the land like an irregular lot size that is not found on the surrounding parcels

Question 10

what is spot zoning and is it allowed?

Answer 10

spot zoning is not allowed, and its rezoning that confers a special benefit on a small parcel of land regardless of the public interest or a comprehensive plan

Question 11

what is a nonconforming use

Answer 11

when a city enacts a zoning ordinance that prohibits commercial establishments in an area, but an establishment already exists there, prior to the ordinance

Question 12

does a non conforming use run with the land

Answer 12

yes, so that if ownership changes the permissible status of the nonconforming use continues

Question 13

what is the amortization period

Answer 13

allow the nonconforming uses to continue only for a specfied manximum period of time, after which the nonconforming use will no longer be permitted in the district

Question 14

what does it mean that statues usually restrict the expansion of the nonconforming use/

Answer 14

so if you have a grocery store with a non conforming use, you cant expand on to that building, and sometimes the statue wont even allow you to adjust business hours

Question 15

what is the change or mistake rule

in zoning

Answer 15

allows zoning amendments only to account for changes to the physical condition of the land concerned or to correct mistakes in the og ordinace

Question 16

Smalley v zoning hearing board of middletown : man runs home accounting office, zoning rules change

Facts
P owned a property in a district zoned as residential
The property contains a single-family home

P has operated a tax accounting practice out of his home since 1982

In 1991, the Middleton township amended its zoning ordinance

P’s existing home-based business was in violation of both the minimum lot area and parking space requirements of the amended ordinance

He filed for an application for a certificate of nonconforming use

Issue: Was Ps long term, non-conforming use of the residence as an office was lawful under the zoning restricting in existence prior to the 1991 amendments

Answer 16

Holding: The board abused its discretion in holding that P failed to prove that his home accounting practice was a valid nonconforming us of this property

P was entitled to a certificate of nonconforming use

Reasoning
P’s use of his residence as a home office prior to the amendments was lawful so long as it was in conformity with the township zoning restrictions as they then existed

Question 17

what are the three situations in which destryoing of a non conforming use is ok

Answer 17

if IS A NUISANCE, IT IS ABANDONED, OR IT IS EXTINGUISHED BY EMINENT DOMAIN

Question 18

PA Northwestern Distributors v zoning hearing board of moon : zoning board places amortization against adult bookstore; holding of this case is kinda extreme

Facts:
After getting the needed permits and certificates to conduct its business on the premise, P opened an adult bookstore in Moon Township
Four days later, the board of supervisors posted a public notice of its intention to amend the Moon township zoning ordinance to regulate adult commercial enterprises
Ordinance language adopted a few days later:
Pretty much says that anybody not in compliance (i.e. anyone operating an adult commercial enterprise) had 90 days to get in compliance

Issue: Whether a zone ordinance which requires the amortization and discontinuance of a lawful pre-existing nonconforming use is confiscatory and violative of the constitution taking of property without just compensation

Answer 18

Holding; The amortization and discontinuance of a lawful pre-existing nonconforming use is per se confiscatory and violative of the PA constitution

Question 19

while the PA holding (the adult bookstore) was strict and said any amortization period is unconsituional , whats the majortiy view on amortization period?

Answer 19

a reasonble amorization period is ok ; A community should have the right to change its character without being locked into pre-exssing definitions of what is offensive
Amortization periods are an effective method of reconciling interests of the community with those of property owners

Question 20

what is a reasonbale period for a noncompliance to come into compliance?

Answer 20

use common sense; if its not enough time for them to recoup their profits then prob not reasonble

Question 21

what is a taking? aka the takings clause in the 5th amendment

Answer 21

Sometimes a local, state, or federal government may dictate the use of a citizen’s land so much that the land loses all practical value

The constitution provides that government may take private property – insofar as it provides just compensation for the taking

Question 22

Lucas v SC coastal council: man buys beachfront property but not allowed to build houses

Facts:
In 1986, P bought two residential lots on the isle of palms in Charleston County, on which he intended to build single family homes

a zoning ordiance barred P from erecting any permanant habitable structures on the land he bought

Issue: Whether the 1988 act’s dramatic effect on the economic value of P’s lot accomplished a taking of private property under the 5th and 14th amendments requiring the payment of just compensation

Answer 22

There are two categories of regulatory action as compensable without case specific inquiry – 1. Encompases regulations that compel the property owner to suffer a physcial invasion of his proprty or 2. Where regulation denies all economically beneficial or productive use of the land
Lucas aruges the second one
The 5th amendment is violated when land use regulation does not substantially advance legitimate state interests or denies an owner economically viable use of his land

Question 23

when can a state avoid comensating for a taking

Answer 23

only if the logically antecedent inquiry into the nature of the owners estate shows that the proscribed use interest were not part of his title to begin with