Zoning Law Non-Conforming Uses Quiz

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Questions and Answers

What creates a non-conforming use in zoning law?

An extension of a pre-existing use that is allowed under state law.

A lawful existing use that is prohibited by new or amended zoning laws. (correct)

A newly established use that complies with current zoning regulations.

A use that has been abandoned for a specified period of time.

Which of the following is true regarding the enlargement of a non-conforming use?

State laws universally protect the expansion of non-conforming uses.

Localities aim to eliminate non-conforming uses and typically prohibit their expansion. (correct)

Local laws often allow for the expansion of non-conforming uses.

Non-conforming uses can be expanded without any restrictions.

What effect does the discontinuance of a non-conforming use have according to modern zoning laws?

It constitutes abandonment after a period of time specified by local law. (correct)

It reinforces the rights to expand the non-conforming use.

It has no impact on the legal standing of the non-conforming use.

It allows the owner to revert to previous zoning regulations.

In the case of State v. Perry, why was the ice cream manufacturing company considered to have a non-conforming use?

The property was rezoned to a commercial neighborhood zone, prohibiting their use. Signup and view all the answers

What is a common result when a building previously used for a non-conforming purpose is zoned for single-family residences, as seen in the State ex rel Morehouse v. Hunt case?

The previous non-conforming use is subject to discontinuance under new zoning laws. Signup and view all the answers

What is a key requirement for classifications within districts under uniformity requirements?

They must be reasonable and based on public interest. Signup and view all the answers

What does the court's deference to legislative approval of zoning changes signify?

The court assumes the city is acting in the public interest unless proven otherwise. Signup and view all the answers

In Giger v. City of Omaha, what was the court's ruling regarding conditional rezoning?

It is valid if reasonably related to public interest. Signup and view all the answers

What is a primary function of the Uniformity clause?

To prevent improper discrimination. Signup and view all the answers

What was determined about conditional zoning in Montgomery v. National Capital?

It can be allowed but cannot solely justify rezoning. Signup and view all the answers

Which body must each town adopt to grant variances under zoning laws?

Zoning Board of Appeals (ZBA). Signup and view all the answers

How do variances affect local zoning practices?

They provide flexibility and relieve individual owners. Signup and view all the answers

Who appoints the Zoning Enforcement Officer (ZEO) and the Zoning Board of Appeals (ZBA)?

The local legislature. Signup and view all the answers

What is the primary function of a variance in zoning regulations?

To permit a use of land for a purpose that is otherwise not allowed. Signup and view all the answers

What is an area variance primarily concerned with?

The dimensional or physical requirements of land use. Signup and view all the answers

Which body has the authority to reverse a ruling made by the zoning enforcement officer (ZEO)?

Zoning Board of Appeals (ZBA) Signup and view all the answers

What must an applicant demonstrate to prove unnecessary hardship for a use variance?

The applicant cannot realize a reasonable return on the property. Signup and view all the answers

What type of jurisdiction does the Zoning Board of Appeals (ZBA) have?

Original and appellate jurisdiction. Signup and view all the answers

What is one of the factors the ZBA must consider when determining an area variance request?

Whether the benefit can be achieved by other feasible means. Signup and view all the answers

When evaluating a variance application, what must the ZBA balance?

The benefit to the applicant against potential detriment to the community. Signup and view all the answers

Which of the following is NOT a criterion for use variance determination?

The requested variance aligns with all local zoning laws. Signup and view all the answers

What does the Civil Rights Act of 1866 primarily confer upon individuals?

Legal capacity to make contracts and acquire property Signup and view all the answers

What was the key ruling in Shelley v. Kramer regarding restrictive covenants?

State action enforcing them is unconstitutional Signup and view all the answers

Which act specifically bans racial discrimination in renting and land use decisions?

Fair Housing Act of 1968 Signup and view all the answers

Which of the following describes a major legal tool provided by the Fair Housing Act?

Prohibiting intentional discrimination based on race Signup and view all the answers

What is required from the plaintiff in the first step of prosecuting a fair housing case?

To present a prima facie case of disparate impact Signup and view all the answers

What does 'disparate impact' refer to in the context of housing discrimination?

Actions creating a discriminatory effect on a protected class Signup and view all the answers

Under the Fair Housing Act, what type of actions can be taken to address historic segregation?

Measures to undo past discriminatory practices Signup and view all the answers

Which of these would NOT be considered a violation under the Fair Housing Act?

Considering household income for rental qualifications Signup and view all the answers

What does Transit Oriented Development (TOD) primarily promote?

Mixed use, compact, dense development near transit stations Signup and view all the answers

What was the significance of Levittown in post-WWII America?

It was the first cookie cutter subdivision. Signup and view all the answers

Which of the following best describes the purpose of the setback in land use regulations?

To maintain a specific distance between buildings and property lines Signup and view all the answers

What is the main role of the Floor Area Ratio (FAR) in urban planning?

To determine the maximum allowable building density on a site Signup and view all the answers

Which event marked the first comprehensive zoning adoption in New York City?

The amendments to the state constitution in 1914 allowing zoning. Signup and view all the answers

What authority did local governments gain from states regarding smart growth?

To create smart growth overlay districts (40R) Signup and view all the answers

What were the three classes of districts created by NYC's zoning ordinance in 1916?

Residential, business, unrestricted. Signup and view all the answers

How does the 5th Amendment impact land use regulations?

It protects against property deprivation without due process and just compensation Signup and view all the answers

What model act did the federal government formulate shortly after NYC's first zoning?

Standard Zoning Enabling Act (SZEA). Signup and view all the answers

What was a primary reason for the initial inadequacy of land use restrictions in cities?

They were labor-intensive and not effective. Signup and view all the answers

What is a key benefit of incorporating TOD into a city's comprehensive plan?

It encourages denser, mixed-use developments that enhance walkability Signup and view all the answers

What is typically required for a successful Transit Oriented Development?

An adequate number of diverse commuters Signup and view all the answers

What authority did local governments have in relation to zoning?

Authority delegated by state law. Signup and view all the answers

What was a consequence of the urban poverty and tenement conditions in the early 20th century?

The rise of the eugenics movement. Signup and view all the answers

What is the function of a

To restrict building placement in relation to street lines Signup and view all the answers

What were enabling acts in relation to land use planning?

Narrow authorities to address specific issues. Signup and view all the answers

Study Notes

Common Land Use Information

Police power allows regulation to protect health, safety, morals, and welfare
Early land use control methods included restrictive covenants, defeasible estates, and common-law nuisance
Municipalities can control land use through home rule (broad authority) and enabling acts (specific authority regarding land use)
Inconsistent local actions with enabling acts are considered ultra vires, leading to invalidation
Good planning involves public action with a positive community impact
Government actions can encompass regulations, strategic investment, and incentives

Evolving Ethics

Laws reflect societal values that evolve over time
Ethics provide standards based on values and worth
Land ethic, from Leopold, expands community boundaries to include land, soils, water, plants, and animals
Tomorrow's fable: pollution harms the environment and people's health.

Nuisance

Nuisance involves unreasonable use of land that harms others (gravity of harm vs utility of use)
Nuisance per se: always considered a nuisance
Nuisance in fact: harm depends on surrounding factors, such as location or timing
Private nuisance: harm to individual property rights; public nuisance: harm to general public health, safety, or comfort
Nuisance suits are used to halt harmful activities
Nuisance law and zoning are different approaches for addressing property uses affecting others.

Authority to Zone and Federal Action

Local governments receive authority from state enabling acts or home rule laws
Zoning is part of state policing power for protecting health, welfare, and safety
Zoning often conforms to comprehensive plans.
NY's town law dictates the authority for local governments to zone
Federal involvement in zoning, standards, and regulations has supported state action regarding local zoning.

Modern Origins of Land Use Law

Immigration and urban growth in 1880's, led to concerns about regulating land use
First attempts at comprehensive zoning occurred in NYC at first, then other cities
20th-century social and political factors influenced the need for zoning.
Creation of the Standard Zoning Enabling Act (SZEA) enabled states to give municipalities power to zone based on public needs and safety.

Nuisance and the Quest for Utopia

Early land use regulation was via private deeds, restrictive covenants, and common-law nuisance
The development of early planning, including that of early American towns and cities, relied on private arrangements, which were problematic for future growth

City of Tomorrow

Le Corbusier's ideas focused on redevelopment of whole areas, often with large-scale demolition of existing structures, and introduction of more modern housing types
Development plans in the 20th century often incorporated new designs of housing that provided better amenities and access to services.
New towns emphasized creating new communities outside of existing city limits.

Comprehensive Plan in NY

NY Town Law defines comprehensive plans and procedures for their adoption by localities
Comprehensive plans guide land use, and often include zoning regulations
Planning boards prepare comprehensive plans within the bounds of statutory powers.

Subdivision Controls

NY Town Law § 276 provides a way to control subdivisions that conforms to the municipality's comprehensive plan
Process for subdivision approval involves a permitting process and meeting a range of conditions established by the municipality's comprehensive plan.

Vested Rights

Vested rights concern when an individual or entity has acquired a beneficial right to pursue a specific use of land prior to zoning or regulation changes and can continue use in this way
A vested right to develop land can shield a developer from later adverse zoning changes under appropriate circumstances.
Vested rights may be dependent on the amount of work already done or the type of improvements created.

Exclusionary Zoning

Laws that exclude certain types of people or development are illegal.
Fair Housing Act from 1968: protects against racial discrimination.

Neo-Euclidean Zoning

Embraces flexible and diverse approaches for land, and often includes multi-use zones, and uses overlay zones.
Planned unit development (PUD) and cluster zoning enable mixed-use developments
Focus on environmental preservation in recent designs of land development/use
Communities are developing zoning approaches that try to address these newer forms of development.

Coastal and Flood Plain Regulations

Zoning related to coastal environments and waterways.
Zoning related to floodplains is designed both to protect developments and to ensure the safety of neighboring properties.

Growth Management

Towns and cities can develop policies to manage growth in a more sustainable fashion
Moratoria can be implemented to deal with growth more slowly.

Takings

Taking of land or property for a public purpose requires compensation to the landowner
Takings come from a broad range of circumstances, including zoning changes that harm property owners, as well as outright seizure of land.
The Court developed a balancing test with particular attention to the public purpose of any land use regulation.

###Environmental Impact

Impact reviews (Environmental Impact Statements, or EIS) are required in many cases to evaluate the effects of development and/or land use regulations on the environment.
Communities are required to comply with SEQRA, a state law for review and mitigation of environmental impacts of new construction projects and other developments.

Accessory Uses

Accessory uses are permitted on a site if they are customary and subordinate to the principal use of that site.
Accessory uses are more likely to be consistent with the surrounding neighborhood and be a non- harmful use of land if they meet zoning requirements.

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Description

Test your knowledge on non-conforming uses in zoning law with questions covering key cases, legal principles, and the effects of discontinuance. This quiz includes questions about landmark cases and the implications of zoning regulations. Perfect for students or practitioners looking to refresh their understanding of zoning laws.