Zoning Flashcards
This deck explores zoning laws and land use regulations, including variances, nonconforming uses, and constitutional challenges. It helps 1L students understand how local governments control property development and use. (7 cards)
What is zoning?
The use of governmental power to regulate land use.
Summarize the holding of:
Village of Euclid v. Ambler Realty Co.
(U.S. 1926) Zoning ordinances are presumed constitutional.
In Village of Euclid v. Ambler Realty Co., Ambler owned a 68-acre tract of land affected by newly enacted zoning ordinances. Ambler argued the ordinances diminished the property’s value and amounted to an unconstitutional taking.
The U.S. Supreme Court upheld the ordinances, establishing that zoning is a valid exercise of the police power and does not require compensation unless it is clearly arbitrary and unreasonable. The case marked the beginning of broad judicial deference to zoning laws.
What is a nonconforming use?
When new zoning regulations make an existing property use unlawful/nonconforming. Typically, owners may continue to use property in the nonconforming manner for some period of time.
Can zoning eliminate nonconforming uses all at once without compensation?
No, because it would constitute an unconstitutional taking.
What is amortization?
Period of time during which nonconforming uses are gradually phased out.
E.g., an amortization period of one year after zoning ordinances are put into place.
What are zoning variances?
Variances exempt property owner from certain zoning restrictions.
What must the owner prove to receive a zoning variance?
- Compliance would create undue hardship that is unique to the property and not the fault of the owner;
- Variance doesn’t go against general purpose of the ordinance; and
- Variance doesn’t harm the general welfare
