W3 - Zoning Flashcards
What is zoning?
Balancing the rights of residential homeowners v the economic development of the area’s business interests.
Industrialization and urban development is what made American prosper.
Zoning was seen as a way to permit industrial or commercial uses to grow in certain areas, while still preserving individual ownership rights.
What is the legal foundation for the governmental power to zone land?
The police power of the city to protect public health, safety, and welfare of its residents. Berman v Parker (1954).
Can zoning be challenged as unconstitutional?
Not in and of itself, but the zoning ordinance “as applied” can be
What 3 types of zoning are there?
Euclidian Zoning
Performance Zoning
Incentive Zoning
What is Euclidian zoning?
Euclidean zoning segregates land uses into specified geographic districts and dimensions. The zoning stipulates limitations on the type and magnitude of development that is allowed on lots within each “zone.”
Ex. Residential district (single family), residential (multi-family), commercial, industrial.
In most cases, you can put lower zoned uses into higher zoned districts, but not vice versa – residential homes in an industrial area are allowed, but not industrial complexes in residential areas.
By far, the most common type of zoning in the US.
This is the type of zoning we commonly think about when we use the term “zoning
What is performance zoning?
What is it? Performance zoning uses goal-oriented criteria to establish parameters for proposed development projects in any area of a municipality.
Uses building codes to establish performance standards as opposed to specification standards – i.e. things that are prohibited.
Example: “that walls, floor and ceiling be so constructed as to contain an interior fire for one hour.”
Note: the goal of performance zoning is to reward development that meets outcome goals.
What is incentive zoning?
What is it? Incentive zoning provides a base of prescriptive limits on development and also provides an extensive list of incentive criteria that will encourage development (through bonuses) that meets established urban development goals.
Ex. Giving some tax break for building low-income housing or for building “green” office buildings.
Note: This is used mainly in urban settings where Euclidean zoning is hard to achieve.
What stupid city, with really good BBQ has yet to enact a comprehensive zoning plan?
Houston Texas
What must a city do to enact a euclidian zoning ordinance?
To enact a zoning ordinance, a locale must create a zoning (planning) commission and a board of adjustment (usually called a Zoning Appeals Board).
The mayor appoints citizens to sit on the commission and the appeals board.
The commission recommends a comprehensive plan to the city council, who must enact the zoning ordinance.
The zoning appeals board grants variances and special exceptions to violate the zoning ordinance if it finds there is unnecessary hardship to property owners
What is a non-conforming use?
A non-conforming use is a use of property that does not fit a localities zoning ordinance. Typically, these non-conforming uses were in existence BEFORE the zoning ordinance took effects, so they were allowed (grandfathered, so to speak).
Example: A grocery store that has been in existence for 20 years is now located in a single-family residential use district that is exclusively residential according to the newly enacted zoning ordinance. The store would be a non-conforming use, but typically be allowed under the ordinance because it pre-existed the ordinance
Does a change in ownership end the non- conforming use?
No. Only abandonment can do that
What are the 3 ways in which euclidaan zoning can be flexible?
Variances –the power of the Zoning Board to allow a landowner to build on land (or use land) in a manner that is otherwise not permitted.
Special Exceptions – the power of the Zoning Board to allow a use provided for in the text of the ordinance, but which is not located on the zoning map that accompanies the text.
Zoning Amendments – adding/removing provisions from the zoning ordinance.
What 2 things must a landowner prove to receive a variance?
To qualify for a variance, two tests must be satisfied:
(1) the applicant must show exceptional and undue hardship;
(2) the applicant must show that to grant a variance would not be detrimental to the area (zoning plan
Define undue hardship as it applies to variances
Undue hardship means that without a variance, the property in question could not be effectively used.
The hardship must not be self-imposed.
Courts will consider efforts by the property owner to alleviate the hardship — e.g., efforts to acquire additional land to build up an undersized lot, or efforts to sell the undersized lot to a neighbor, at a reasonable price.
What is a conditional variance?
A conditional variance is a permitted use granted only if certain conditions are met that minimize the impact of the adverse use to the neighbors.
These conditions might relate to fence size, amount of outdoor lighting, enclosure of buildings, etc.
NOTE: Zoning Boards may not limit a variance to just one landowner. All variances “run with the land.”
