Zoning

Question 1

The Variance

Answer 1

Permission to depart from zoning restriction
* Must show undue hardship + No diminution to neighboring property values
* The variance is granted or denied by administrative action, typically in the form of a zoning board

Question 2

Nonconforming Use

Answer 2

Previously allowed use cannot be eliminated all at once unless just compensation paid for taking

Question 3

Cumulative Zoning Ordinance

Answer 3

Land ranked & categorized to create hierarchy of uses
* Single-family home = highest use
* Land zoned for particular use may be used for that stated purpose and any higher use
* for example by a two-family home (which is a lesser use), and then an apartment building (an even lesser use), and then a strip mall (even lesser), and then a factory (even lesser). Under a cumulative zoning ordinance, land that is zoned for a particular use may be used for the stated purpose (meaning, that particular use) and for what other use? Any higher use.

Question 4

Noncumulative Zoning

Answer 4

Land used only for purposes for which it is zoned

Question 5

Special Use Permit

Answer 5

Must be obtained even though zoning is proper for intended use
* Statutorily designed schedule of special uses
* Ex: Hospitals, Funeral homes, drive-ins