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Arts and Humanities
Terms in this set (12)
What are the different types off zoning regulations?
1) Private zoning - servitudes
2) Judicial zoning - nuisance
3) Legislative zoning - statutes/ordinances
What is euclidean zoning?
a system of zoning whereby a town or community is divided into areas in which specific uses of land are permitted.
Excluded from residential areas:
- industrial areas
- comercial areas
- apartment housing
What is cumulative zoning?
Cumulative Zoning is a method of zoning in which any use permitted in a higher-use, less intensive zone is permissible in a lower use, more intensive zone.
For example: under this method, a house could be built in an industrial zone but a factory could not be built in a residential zone.
What are some traditional zoning principles?
1) segregation of uses is desirable
2) wholesome housing is the highest value, with every other us subordinate
3) open space id desirable for healthy living
4) good planning protects agains change because it anticipates all needs
What is a comprehensive plan for zoning?
1) Plan identifying what the city will look like and what the areas will be used for
2) Regulations identify the size, location and height of buldings and type and intensity of use
3) Jurisdictions vary on whether Plan must be separate from regulations themselves constitute Plan
4) Changes to zonging
1. "in accordance with"
2. "consistent with"
What is a nonconforming use of land?
A nonconforming use of land is a use that existed legally before a zoning restriction came into effect and has continued to exist even though no longer in compliance with currently applicable restrictions
a. Kroger builds a grocery store in an unzoned area in city
b. City zones area SFH
c. Grocery store is non-conformaing use and is grandfathered in so may continue use
How to terminate a nonconforming use of land terminated?
ii. Statutory forfeiture
iii. Changes in use
iv. Expansion beyon natural business expansion
v. Maintenance prohibited (some jurisdictions)
vi. Amortization (some jurisdictions)
Protection of land use that possesses non-grandfathered rights
i. Vested right - use protected if sufficient commitments have been made prior to zoning change
ii. Estoppel - use protected if substantial expenditures made on reliance
What are variances?
1) Departure from zoning granted by zoning board allows landowner to do something that the ordinance does not allow
1) Area variance: variance from setback or frontage requirements
2) Use Variance: variance from use requirements
What is the standard to get an area variance?
Landowner must show:
1) Undue hardship; AND
2)No substantial detriment to the public good or the comprehensive plan
What constitutes undue hardship?
Land must be rendered useless
No effective use of property if variance not granted)
What are special exceptions?
1) Departure form zoning that is authorized within the ordinance
2) Constitutes a predetermination of what uses are not incompatible
3) Difference between special exception and variance
- Special exception: permitted by zoning ordinance
- Variance: departure from zoning ordinance
4) Cope v. Town of Brunswick held that if an applicant meets the conditions that are specified in the ordinance, the applicant must be issued a special exception
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