Land Use Regulation

Front 1

Village of Euclid v. Ambler Realty
Rule

Back 1

For an ordinance to be unconstitutional the provision must be clearly arbitrary and unreasonable, having no substantial relation to the public health, safety morals or general welfare

Front 2

Euclidean Model

Back 2

Separation of uses
Low-density development
Auto-dependency
Lot by lot regulation

Front 3

Zoning Definition

Back 3

The division of a jurisdiction into districts in which certain uses and developments are permitted or prohibited

Front 4

Authority for Zoning

Back 4

Based on state's police powers
Limited by 14th Amendment Due Process Clause and Equal Protection Clause & 5th Amendment Taking Clause

Front 5

Non-Conforming Uses Definition

Back 5

A use that exists at the time of passage of a zoning act and that does not conform to the statute cannot be eliminated at once

Front 6

Non-Conforming Termination

Back 6

Destruction
Use was abandoned or discontinued
Use was nuisance
Acquisition by eminent domain
Amoritzation

Front 7

Amortization Def

Back 7

A set period time in which the non-conforming use must terminate. Factors in consideration include:a. Information relating to the structure located on the property
Nature of the use
Location of the property in relation to surrounding uses
Description of the character of and uses in the surrounding neighborhood
Cost of the property and improvements to the property
Benefit to the public by requiring the termination of the non-conforming use
Burden on the property owner by requiring the termination of the non-conforming use;
The length of time the use has been inexistence the and length of time the use has been non-conforming

Front 8

Zoning Amendments

Back 8

Zoning ordinances may be amended by
Map Amendment--changes the zone itself
Text--changes the use that are allowed

Front 9

Zoning Ordinance Presumption

Back 9

Presumption exists that the city board acted in a fair, just, and reasonable manner when zoning

A decision will be affirmed unless clearly erroneous(against preponderance of evidence)

Front 10

Spot Zoning Elements

Back 10

1. Singles out a small parcel of land for different treatment
2. Primarily for the benefit of the private owner, rather than the public.
3. In a manner inconsistent w/ the general community plan.
**does not require all 3

Front 11

Variances Definition

Back 11

A grant to vary from the literal restrictions of a zoning ordinance

Front 12

Variance Elements

Back 12

1. Landowner must show the effect of a zoning ordinance burdens property w/an unnecessary hardship
2. Hardship was not self-inflicted
3. Grant of variance will not have adverse impact on public health, safety and welfare AND
4. Variance sought is the minimum variance that will afford relief

Front 13

Types of Variances

Back 13

Area Variance--permits modification of lot size, setback, height, frontage, density or similar requirements

Use Variance--Authorizes a type of use that is otherwise prohibited by the zoning ordinance

Front 14

Special Exceptions Definition

Back 14

A use that is permitted in the zone if certain conditions specified in the zoning ordinance are met

Generally used to regulate--aesthetic, noise, traffic, or other problems

Front 15

Special Exceptions Specific Requirements

Back 15

Propose use will not have a materially adverse impact on nearby properties

Will not result in a clearly adverse aesthetic impact