Chapter 11: Land Use Regulations Flashcards
zoning
The method by which cities are divided into geographical areas or zones where different uses are permitted, with limits on the size and location of buildings in each zone.
what do police powers protect?
public health, safety, morals, and welfare through zoning laws.
when is a zoning law a regulatory taking?
when it crosses the threshold established in taking cases—see Loretto
Rational Basis Test for zoning
A zoning rule is unconstitutional if “such provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.”
—goal of the zoning tule has to be legitimate and the provisions have to be rationally related to that rule.
what happens when the legislative classification for zoning purposes is debatable?
The legislative judgement must be allowed to control
Village of Euclid Rule
the ordinance must have substantial relation to the public health, safety, welfare, or morals
diminution of value, standing alone, does not establish a taking.
Nonconforming Zoning Uses
almost always a new zoning ordinance will not apply to lawful uses that already exist.
prior nonconforming uses are allowed to continue. but zoning ordinances will restrict them to hasten their demise.
generally nonconforming uses cannot be expanded.
ordinary repairs can be made but major repairs that would extend the basis of the use are barred.
Trip Associates Rule
an intensification of a nonconforming use is permissible, so long as the nature and character of that use is unchanged and is substantially the same.
eliminating a nonconforming use
amortization abandonment destruction nuisance eminent domain
Amortization
the gradual extinguishment over time. allowed to terminate a nonconforming use as long as a reasonable period is allowed
abandonment
occurs if the landowner 1) intends to relinquish his right to the use and 2) voluntarily ceases the use for a set period of time
destruction
of the structure housing the use
eminent domain
government action which takes private property for public use upon payment of just compensation to the owner
spot zoning
1) singles out a small parcel of land for different treatments
2) primarily for the benefit of the private owner rather than the public
3) in a manner inconsistent with the general plan for the community
by def spot zoning is invalid because it amounts to an arbitrary, capricious and unreasonable treatment for a limited area within a particular district. (DOESNT MEET RATIONAL BASIS REVIEW)
variances
may be approved where they are not contrary to public interest
-show that owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
most states follow the view that hardship exists only if no reasonable use of the land is permitted under the existing zoning.
