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18 Cards in this Set
- Front
- Back
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COMPREHENSIVE PLAN
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ONE THAT MEETS THE STATUTORY REQS IN A PARTICULAR STATE--A LEGAL CONCEPT THAT MUST BE SATISFIED IN THAT MOST ENABLING LEGISLATION REQS THAT ZONING ORDINANCES BE IN ACCORD WITH THE PLAN
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MASTER PLAN
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A DOCUMENT THAT REPRESENTS A BROAD STATEMENT OF POLICIES, GOALS, AND OBJECTIVES FOR THE AREA IT COVERS--A STATEMENT OF INTENT WHICH IS IMPLEMENTED THOUGH LAND USE REGULATORY DEVICES, PRIMARILY ZONING
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VARIANCE
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GRANTED AS A MATTER OF ADMINISTRATIVE RELIEF ON THE BASIS OF PRACTICAL DIFFICULTY OR UNNECESSARY HARDSHIP
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SPECIAL EXCEPTION
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A PERMIT TO DO SOMETHING THAT THE SOVEREIGN REGARDS AS PERMISSIBLE WITHIN THE ZONED AREA, BUT WHICH NEVERTHELESS MUST BE REGULATED AS TO LOCATION AND INTENSITY--USE MUST BE BY EXPRESS PROVISION IN THE ORDINANCE
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SPECIAL USE PERMIT
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PERFORMS ESSENTIALLY THE SAME FUNCTION AS A SPECIAL USE PERMIT, BUT THE REGULATORY BOARD GENERALLY HAS GREATER DISCRETION TO GRANT OR DENY IT
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CONTRACT/CONDITIONAL ZONING
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CTS DISTINGUISH BETWEEN RESTRICTIONS ON THE LAND ITSELF AND WHICH ARE RELATED TO THE ZONING PURPOSE, WHICH ARE PERMITTED; AND PERSONAL RESTRICTIONS OR RESTRICTIONS THAT HAVE NOTHING TO DO WITH THE ZONING DECISION IN QUESTION, WHICH ARE NOT PERMITTED
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NON CONFORMING USE
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USE WHICH IS IN EFFECT AT THE TIME OF THE ENACTMENT OR AMENDMENT OF A ZONING ORDINANCE--USUALLY CANNOT BE ELIMINATED AT ONCE, BUT WITH AN AMORTIZATION PROVISION
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AMORTIZATION PROVISION
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PROVIDES FOR THE TERMINATION OF A NONCONFORMING USE--VALIDITY DEPENDS ON REASONABLENESS (IF PUBLIC GAIN IS GREATER THAN LOSS TO THE INDIVDUAL, ITS VALID)
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PLANNED UNIT DEVELOPMENT (PUD)
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GOVT STIPULATES SOME GENERAL PRINCIPLES ABOUT THE USES OF A CERTAIN AREA BUT GIVES THE DEVELOPER A GREAT DEAL OF DISCRETION TO COME UP WITH A PLAN THAT ALLOCATES SPECIFIC USES
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FLOATING ZONES
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FLEXIBLE SELECTIVE ZONING--NO LAND IS ORIGINALLY ASSIGNED TO THE ZONE IN QUESTION, BUT SUCH ASSIGNMENT IS MADE WHEN A LANDOWNER REQUESTS AND IS GRANTED SUCH A ZONE
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WHAT IS THE PROBLEM WITH A FLOATING ZONE
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THEY OFTEN AMT TO SPOT ZONING
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WHERE DOES A CITY/MUNICIPALITY GET THE AUTHORITY TO ZONE?
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THE LEGISLATURE (POLICE POWER)
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FEDERAL FAIR HOUSING ACT
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PROHIBITS EXCLUSIONARY ZONING
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VOID FOR VAGUENESS DOCTRINE
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A STATUTE WHICH EITHER FORBIDS OR REQUIRES THE DOING OF AN ACT IN TERMS SO VAGUE THAT PEOPLE OF COMMON INTELLIGENCE MUST NECESSARILY GUESS AT IS MEANING AND DIFFER AS TO ITS APPLICATION, VIOLATES THE FIRST ESSENTIAL OF DUE PROCESS OF LAW
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SPOT ZONING
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THIS RESULTS WHEN A ZONING ORDINANCE CREATES A SMALL ISLAND OF PROPERTY WITH RESTRICTIONS ON ITS USE DIFFERENT FROM THOSE IMPOSED ON THE SURROUNDING PROPERTY
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IS SPOT ZONING AUTOMATICALLY INVALID?
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NO--MUST LOOK AT WHETHER THE ORDINANCE IS WITHIN THE POLICE POWER AND HAS A REASONABLE BASIS; GENERALLY WHETHER OR NOT IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN IS A GOOD INDICATOR
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WHAT REQS MUST BE IN PLACE TO GET A SPECIAL EXCEPTION?
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1. ONE MUST PRODUCE PROOF THAT THE REQUESTED EXCEPTION CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD
2. THAT IT WILL NOT SUBSTANTIALLY IMPAIR THE INTENT AND PURPOSE OF THE ZONE PLAN AND ZONING ORDINANCE OF THE MUNICIPALITY 3. THAT HE HAS COMPFLED WITH ALL THE SPECIFICALLY ENUMERATED CRITERIA OF THE ORDINANCE |
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AMORTIZATION PERIOD
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A PERIOD OF TIME GRANTED TO OWNERS OF NONCONFORMING USES DURING WHICH THEY MAY PHASE OUT THEIR OPERATIONS AS THEY SEE FIT AND MAKE OTHER ARRANGEMENTS
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