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Zoning - Justification
Constinutional Authority - Police Power
Statutory Authority - Local Governments
May not be arbitrary and capricious
Non-conforming Use - Generally
Zone change? uses that were prexisting, previously legal uses are still valid under the change.
May lose right to use nonconforming use if abandoned for some time
Non-Conforming Use - Alterations and Intensifications
Generally, may not alter the use or enlarge or extend it.
- (1) Not banned by local gov't
- (2) not signifigant effect on neighborhood
- and (3) has always been intended.
Variance = Operates to relieve particular piece of property from zoning regs
- To get a variance=
- (1) Change in regs caused unique hardship or difficulty
- (2) will not cause unreasonable harm to neighboring land
Granting is quasi jusicial - procedural due process required (public notice and hearing)
Grants relief to particular party, generally requires a showing of change of conditions
Spot Zoning: Arbitrary and unreasonable zoning action for smaller area. Must be articulate public advantage for discriminatory benefits awarded to owner of land
Special Use Permit
Administrative act, granted for uses that generate special problems
- Special Permit may be isseud with conditions if:
- (1) Directly related to the proposed use
- (2) reasonable
- (3) not illegal or inconsistent with zoning ordinance
- (4) reasonably calculated to achieve a legitimate zoning objective
Nuisance -Private and Public
Private - Substnatial, unreasonable interference with another private individuals use or enjoyment of his property
Public - unreasonably interferes with health, safety, or property rights of the community
Ways to authorize changes in land use
- (nonconforming use)