Zoning

Question 1

What are “zoning laws”?

Answer 1

Zoning laws are local government rules that determine how land can be used.

Question 2

Zoning laws: is zoning proper - what is the first question to ask?

Answer 2

Is zoning valid?

Question 3

How do you determine whether zoning is valid? *PUPPy”

Answer 3

Is it a proper use of the states police power? Does it rationally relate to the regulation of property in furtherance of police powers?

Question 4

Zoning laws: is zoning proper - what is the second question to ask?

Answer 4

is it constitutional?

Question 5

How do you determine whether zoning is constitutional?

Answer 5

Analyze whether the zoning violates the due process clause, equal protection clause, or takings clause.

Question 6

What is “due process”?

Answer 6

Under 14th amendment no person shall be deprived of life, liberty or property w/o the right to be heard.

Question 7

What is procedural due process?

Answer 7

Admin ONLY. Putting aside merits of the substantial content, have certain procedural requirements been complied with? Owner must have notice and a reasonable opportunity to be heard.

Question 8

What is substantive due process? - Ask …

Answer 8

Does it violate the substantive property rights of the owner? cannot be arbitrary or capricious. Must bear rational relationship to permissible state objective..

Question 9

What is the equal protection clause?

Answer 9

Prevents state from depriving citizens of equal protection of the law. Must bear rational relationship to permissible state objective.

Question 10

Equal Protection - Substantive: What is the rational relation test? (“CIS”)

Answer 10

strict scrutiny test: suspect CLASSIFICATION (speech, religion, race, etc.), fundamental INTEREST + SIGNIFICANCE (state show compelling interest in meeting obj of zoning ord and show that it cannot be met by other obj means).

Question 11

Zoning - what is the takings clause?

Answer 11

regulations that rob property of all economic value or exactions.

Question 12

Valid ordinances may be challenged by: VNS

Answer 12

Variance, nonconforming use, special use permit.

Question 13

What is a variance?

Answer 13

an individual exception to zoning ordinance.

Question 14

What is an area variance?

Answer 14

An exception that allows a building to exist in dimensions that slightly violate zoning ordinances.

Question 15

What is a use variance?

Answer 15

A permit that allows operation of a structure for a purpose not permitted by the ordinance.

Question 16

How do you show that applicant is entitled to use variance? Show he is a PUS

Answer 16

(1) the variance would be inconsistent with PUBLIC interest; (2) without the variance the application would have UNNECESSARY hardship; and (3) the problem is SPECIFIC to the applicant’s real property.

Question 17

What is a non-conforming use?

Answer 17

preexisting use of the land that does not conform to a new ordinance. Cannot be eliminated, unless it causes harm to the community, or just compensation is paid.

Question 18

What is ammortization?

Answer 18

payments over time provided to landowner to gradually eliminate nonconforming use.

Question 19

What is a special use permit?

Answer 19

required even if the zoning is proper for the intended use (hospitals): potential for unusual impact.

Question 20

Zoning - Police Powers - government may reasonably …

Answer 20

control the use of land to protect the health, safety, or general welfare of citizens.