Chapter 18 Zoning

Front 1

Zoning Ordinances

Back 1

generally enacted by local gov't pursuant to state granted authority. May promote public health, safety welfare; protect against economic loss or achieve aesthetic/spiritual value

Front 2

Segregation of Uses

Back 2

higher use permitted in lower use zone but not vice versa

1. Single-family residential
2. Multi-family residential
3. Light Commercial
4. Heavy Commercial
5. Nuisance (sewer)

Front 3

Density Controls

Back 3

ordinances may control amount of people in the area
1. height restrictions
2. lot size
3. open space requirements

Front 4

Constitutional Issues

Back 4

1. due process
2. equal protection
3. takiing of property w/o compensation

Front 5

Euclidian Zoning

Back 5

is the zoning different areas designated for different specific uses. Idea is to make buffer zones.

Front 6

Aesthetic Environment

Back 6

cities may enact reasonable regulations designed to improve physical environment

(1) not always this way
(2) does it offend the sensibilities of the average person?
(3) does it depress property values?

Front 7

Test of Ordinances

Back 7

public health, safety, welfare, morals

Front 8

Presumption of validity

Back 8

successful challenges made to zoning ordinances when:

1. they exclude existing business or use
2. create a monoploy
3. make a permitted use unreasonable
4. restricts regulated property more severely than other nearby

Front 9

Test for courts

Back 9

arbitrary, capricious, unreasonable

Front 10

Sub-division regulations

Back 10

differ from zoning in that the latter regulates use whereas the former sets out conditions for approval of a subdivision plan

--must adopt regulations before reviewing plans

Front 11

Nonconforming Use

Back 11

in existence when ordinance is passed that is not permitted in zone. Generally permitted as it would be unconstitutional to take another's property.

Front 12

Limits on Expansion & Rebuilding

Back 12

may limited expansion of non-conforming use. If destroyed (in fire), might have to rebuild to standards of the zone.

Front 13

Amortization

Back 13

use ends w/ a period of time specified afer which use will no longer be permitted. Reasonable amount of time to recoup investment.

1. generally constitutional as long as its reasonable.
2. minority holds unconstitutional w/o compensation
3. fallen out of favor except for very objectionable uses

Front 14

Three ways for proper termination

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1. amortization
2. enactment of an event
3. change of ownership -- the lost must be substantial & outweigh public benefit

Front 15

Amendatory Zoning

Back 15

must have same requirements as the original zoning and must not be arbitrary or unreasonable

Front 16

spot zoning

Back 16

amendment not in accordance w/ the master plan

1. unlawful
2. size or number of rezoned important but not controlling

Front 17

Inclusionary Zoning

Back 17

make sure everyone is accomodated