Property - Zoning

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  1. Zoning - Justification
    Constinutional Authority - Police Power

    Statutory Authority - Local Governments

    May not be arbitrary and capricious 
  2. 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 
  3. Non-Conforming Use - Alterations and Intensifications
    Generally, may not alter the use or enlarge or extend it.

    • Intenensification:
    • (1) Not banned by local gov't
    • (2) not signifigant effect on neighborhood
    •  and (3) has always been intended.
  4. Zoning Variance
    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) 
  5. Rezoning
    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
  6. 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
  7. 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
  8. Ways to authorize changes in land use
    • Permit
    • Rezoning
    • Variances
    • (nonconforming use)
Card Set:
Property - Zoning

Property - Zoning
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