ZONING, CONDOMINIUMS, AND NATURAL RIGHTS

Question 1

ZONING

Answer 1

• Gov may enact statutes to reasonably control land use for protection of health, safety, morals, & welfare of its citizens.
• Zoning power is based on state’s police power & is limited by Due Process & Equal Protection Clauses of 14th Am, & the “no taking w/o just compensation” clause of 5th Am.
• Cities & counties can exercise zoning power only if so authorized by a state enabling act.

Question 2

THE VARIANCE

Answer 2

• Variance is a way to achieve flexibility in zoning.
• Grants landowner permission to depart from literal restrictions of zoning ordinance.
• Variance is granted/denied by admin action, typically in form of a zoning board

Question 3

Tip:

Answer 3

• Zoning ordinances are generally invalid if they
  have no reasonable relation to public welfare, are
  too restrictive, are discriminatory as to a particular
  parcel, are beyond grant of authority, violate due process, or are racially discriminatory.

Question 4

THE NONCONFORMING USE: Elimination of Once Lawful Use

Answer 4

• Say a once lawful, existing use is now deemed nonconforming by a new zoning ordinance.
• Can the once lawful use be eliminated all at once?

Question 5

Changes to Nonconforming Use

Answer 5

• Nonconforming use cannot be extended/intensified in ways that constitute substantial change, but insubstantial changes are permitted.
• Owners can make reasonable changes to repair their premises & make them practicable for their purposes.
• If there is any doubt as to whether a change is substantial/insubstantial, doubt is resolved against allowing change.

Question 6

CUMULATIVE ZONING

Answer 6

2 types of zoning ordinances: cumulative & noncumulative.

Cumulative
- Cumulative zoning ordinance creates hierarchy of uses of land, where a single-family home the highest use, followed for ex. by 2-family home (lesser use), & then apartment building (even lesser use), & then strip mall (even lesser), & then a factory (even lesser).
- Land that is zoned for particular use may be used for stated purpose

Question 7

Noncumulative Zoning Ordinance

Answer 7

• Under a noncumulative zoning ordinance, land may be used only for the purpose for which it is zoned.

Question 8

SPECIAL USE PERMIT

Answer 8

• Special use permit is one that must be obtained even though zoning is proper for intended use.
• It is often required for hospitals, funeral homes, drive-in businesses, and so on.