Podcast
Questions and Answers
What creates a non-conforming use in zoning law?
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?
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?
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?
In the case of State v. Perry, why was the ice cream manufacturing company considered to have a non-conforming use?
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?
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?
What is a key requirement for classifications within districts under uniformity requirements?
What is a key requirement for classifications within districts under uniformity requirements?
What does the court's deference to legislative approval of zoning changes signify?
What does the court's deference to legislative approval of zoning changes signify?
In Giger v. City of Omaha, what was the court's ruling regarding conditional rezoning?
In Giger v. City of Omaha, what was the court's ruling regarding conditional rezoning?
What is a primary function of the Uniformity clause?
What is a primary function of the Uniformity clause?
What was determined about conditional zoning in Montgomery v. National Capital?
What was determined about conditional zoning in Montgomery v. National Capital?
Which body must each town adopt to grant variances under zoning laws?
Which body must each town adopt to grant variances under zoning laws?
How do variances affect local zoning practices?
How do variances affect local zoning practices?
Who appoints the Zoning Enforcement Officer (ZEO) and the Zoning Board of Appeals (ZBA)?
Who appoints the Zoning Enforcement Officer (ZEO) and the Zoning Board of Appeals (ZBA)?
What is the primary function of a variance in zoning regulations?
What is the primary function of a variance in zoning regulations?
What is an area variance primarily concerned with?
What is an area variance primarily concerned with?
Which body has the authority to reverse a ruling made by the zoning enforcement officer (ZEO)?
Which body has the authority to reverse a ruling made by the zoning enforcement officer (ZEO)?
What must an applicant demonstrate to prove unnecessary hardship for a use variance?
What must an applicant demonstrate to prove unnecessary hardship for a use variance?
What type of jurisdiction does the Zoning Board of Appeals (ZBA) have?
What type of jurisdiction does the Zoning Board of Appeals (ZBA) have?
What is one of the factors the ZBA must consider when determining an area variance request?
What is one of the factors the ZBA must consider when determining an area variance request?
When evaluating a variance application, what must the ZBA balance?
When evaluating a variance application, what must the ZBA balance?
Which of the following is NOT a criterion for use variance determination?
Which of the following is NOT a criterion for use variance determination?
What does the Civil Rights Act of 1866 primarily confer upon individuals?
What does the Civil Rights Act of 1866 primarily confer upon individuals?
What was the key ruling in Shelley v. Kramer regarding restrictive covenants?
What was the key ruling in Shelley v. Kramer regarding restrictive covenants?
Which act specifically bans racial discrimination in renting and land use decisions?
Which act specifically bans racial discrimination in renting and land use decisions?
Which of the following describes a major legal tool provided by the Fair Housing Act?
Which of the following describes a major legal tool provided by the Fair Housing Act?
What is required from the plaintiff in the first step of prosecuting a fair housing case?
What is required from the plaintiff in the first step of prosecuting a fair housing case?
What does 'disparate impact' refer to in the context of housing discrimination?
What does 'disparate impact' refer to in the context of housing discrimination?
Under the Fair Housing Act, what type of actions can be taken to address historic segregation?
Under the Fair Housing Act, what type of actions can be taken to address historic segregation?
Which of these would NOT be considered a violation under the Fair Housing Act?
Which of these would NOT be considered a violation under the Fair Housing Act?
What does Transit Oriented Development (TOD) primarily promote?
What does Transit Oriented Development (TOD) primarily promote?
What was the significance of Levittown in post-WWII America?
What was the significance of Levittown in post-WWII America?
Which of the following best describes the purpose of the setback in land use regulations?
Which of the following best describes the purpose of the setback in land use regulations?
What is the main role of the Floor Area Ratio (FAR) in urban planning?
What is the main role of the Floor Area Ratio (FAR) in urban planning?
Which event marked the first comprehensive zoning adoption in New York City?
Which event marked the first comprehensive zoning adoption in New York City?
What authority did local governments gain from states regarding smart growth?
What authority did local governments gain from states regarding smart growth?
What were the three classes of districts created by NYC's zoning ordinance in 1916?
What were the three classes of districts created by NYC's zoning ordinance in 1916?
How does the 5th Amendment impact land use regulations?
How does the 5th Amendment impact land use regulations?
What model act did the federal government formulate shortly after NYC's first zoning?
What model act did the federal government formulate shortly after NYC's first zoning?
What was a primary reason for the initial inadequacy of land use restrictions in cities?
What was a primary reason for the initial inadequacy of land use restrictions in cities?
What is a key benefit of incorporating TOD into a city's comprehensive plan?
What is a key benefit of incorporating TOD into a city's comprehensive plan?
What is typically required for a successful Transit Oriented Development?
What is typically required for a successful Transit Oriented Development?
What authority did local governments have in relation to zoning?
What authority did local governments have in relation to zoning?
What was a consequence of the urban poverty and tenement conditions in the early 20th century?
What was a consequence of the urban poverty and tenement conditions in the early 20th century?
What is the function of a
What is the function of a
What were enabling acts in relation to land use planning?
What were enabling acts in relation to land use planning?
Flashcards
Progressive Era Tenement Reform
Progressive Era Tenement Reform
A period of social activism in the early 20th century that aimed to improve living conditions in overcrowded urban tenements. This movement led to the development of tenement reform acts, which required specific standards for ventilation, light, and space within housing units.
Urban Poverty in Early 20th Century
Urban Poverty in Early 20th Century
A significant issue during the early 20th century, as massive immigration concentrated in cities and fueled the rise of slums and overcrowded tenements with poor living conditions.
First National Conference on Land Use Planning
First National Conference on Land Use Planning
A landmark gathering held in 1909 to discuss ways to manage and improve land use in expanding urban areas. This marked the beginning of organized discussion and action on planning for urban development.
NYC Heights of Building Commission
NYC Heights of Building Commission
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NYC's First Comprehensive Zoning
NYC's First Comprehensive Zoning
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Standard Zoning Enabling Act (SZEA)
Standard Zoning Enabling Act (SZEA)
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Home Rule Authority
Home Rule Authority
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Enabling Acts
Enabling Acts
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Non-conforming Use
Non-conforming Use
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Enlargement of Non-conforming Use
Enlargement of Non-conforming Use
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Discontinuance of Non-conforming Use
Discontinuance of Non-conforming Use
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State v. Perry
State v. Perry
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State ex rel Morehouse v. Hunt
State ex rel Morehouse v. Hunt
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Use Variance
Use Variance
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Area Variance
Area Variance
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Zoning Board of Appeals (ZBA)
Zoning Board of Appeals (ZBA)
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Unnecessary Hardship (Use Variance)
Unnecessary Hardship (Use Variance)
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Unique Hardship (Use Variance)
Unique Hardship (Use Variance)
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Balancing Test (Area Variance)
Balancing Test (Area Variance)
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Detriment to Neighborhood (Area Variance)
Detriment to Neighborhood (Area Variance)
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Feasible Alternatives (Area Variance)
Feasible Alternatives (Area Variance)
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Conditional Zoning
Conditional Zoning
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Public Interest
Public Interest
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Deference to Legislative Zoning Decisions
Deference to Legislative Zoning Decisions
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Arbitrary and Capricious Decisions
Arbitrary and Capricious Decisions
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Uniformity Clause
Uniformity Clause
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Variance
Variance
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Zoning Enforcement Officer (ZEO)
Zoning Enforcement Officer (ZEO)
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Warley Rule
Warley Rule
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Shelley v. Kramer
Shelley v. Kramer
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What key concept is involved in Fair Housing Act of 1968?
What key concept is involved in Fair Housing Act of 1968?
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What is the significance of the Housing and Community Development Act of 1974?
What is the significance of the Housing and Community Development Act of 1974?
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What's the first way FHA prohibits housing discrimination?
What's the first way FHA prohibits housing discrimination?
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What's the second way FHA prohibits housing discrimination?
What's the second way FHA prohibits housing discrimination?
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What's the third way FHA prohibits housing discrimination?
What's the third way FHA prohibits housing discrimination?
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What's the first step in prosecuting a fair housing case?
What's the first step in prosecuting a fair housing case?
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Smart Growth Zoning District
Smart Growth Zoning District
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40R Overlay District
40R Overlay District
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Transit Oriented Development (TOD)
Transit Oriented Development (TOD)
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Floor Area Ratio (FAR)
Floor Area Ratio (FAR)
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Build to Line
Build to Line
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Setback
Setback
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5th Amendment Takings Clause
5th Amendment Takings Clause
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Due Process of Law
Due Process of Law
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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.