Zoning

Question 1

zoning

Answer 1

• gov’t can enact statutes to CONTROL LAND USE for protection of health, safety, morals, welfare of its citizens (based on state’s police powers)
• cities and counties can exercise zoning power ONLY if so permitted by a state enabling act

Question 2

variance

Answer 2

• variance grants landowner PERMISSION TO NOT FOLLOW zoning ordinance
• must show: undue hardship and no diminuition to neighboring values
• granted or denied by admin actions (form of zoning board)

Question 3

nonconforming use

Answer 3

• once lawful, existing use is now nonconforming by a new zoning ordinance…
• cannot be eliminated unless just compensation paid

Question 4

changes to nonconforming use

Answer 4

can’t be extended in ways that constitute a substantial change

Question 5

cumulative versus non cumulative zoning

Answer 5

2 types of zoning ordinances: cumulative and noncumulative
1) cumulative: creates hierarchy of uses of land (single family home highest, followed by two family home, and then apt building, then strip mall, then factory)

if town zones strip of land for commercial use; A can build single family home (higher use is permitted)

2) noncumulative: land may be used ONLY FOR PURPOSE for which it is zoned

Question 6

special use permit

Answer 6

one that must be obtained even though zoning is proper for the intended use (required for hospitals, funeral homes, etc)