GOVERNMENT REGULATION AND ZONING

Question 1

Zoning

Answer 1

The government may enact residential, commercial, and industrial regulations to control land use relating to the general welfare

Question 2

Void Regulations

Answer 2

Zoning regulations must pass the rational basis test.

Question 3

Existing Non-Conforming Property

Answer 3

non-conforming uses that pre-exist an ordinance may be permitted to continue after the ordinance is enacted, unless the non-conforming use is of a harmful nature.

The non-conforming use will be grandfathered-in only if the land continues to be used in the same non-conforming manner.

Question 4

Post-Ordinance Non-Conforming Property

Answer 4

A property owner may seek to obtain a zoning variance if he intends to violate a zoning ordinance through a non-conforming use of his property.

The property owner must show

(1) complying with the ordinance would cause him hardship though no fault of his own, and
(2) the variance would not cause harm to the public.

Question 5

Area Variance

Answer 5

An area variance permits a property owner to develop the land in manner that would to otherwise be permitted under the zoning ordinance due to dimensions or physical restrictions

Question 6

Use Variance

Answer 6

A use variance permits a property owner to use the land in a manner that would not otherwise be permitted under the zoning ordinance.