Zoning

Question 1

The Rise of Zoning

Answer 1

Standard State Enabling Act (1922)

Question 2

Standard State Enabling Act (1922)

Answer 2

Facilitated state delegation of state power to municipal zoning commissions
Requires
Zoning in accordance with a comprehensive plan
Creation of:
planning / zoning commission and
a board of adjustment / board of zoning appeals
Can grant variances or special exceptions

Question 3

Supreme Court upholds zoning in Village of Euclid v. Ambler Realty Co. (U.S. 1926)

Answer 3

The Hierarchy of Use

Single-Family Home, Apartments, Commercial, Industrial

Question 4

Spot Zoning Definition

Answer 4

General Definition: “the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners.”

Question 5

Analysis of Spot Zoning

Answer 5

• Consistency of the amendment with the comprehensive plan
• Benefits and detriments of the amendment to the owners, adjacent landowners, and community
• Size of the area “rezoned.”

Question 6

Factors suggesting invalidity of spot zoning

Answer 6

• Small parcel singled out a privileged
• Singling out is for private, not public benefit
• Not accord with comprehensive pal
• Note how this tracks the general analysis.

Question 7

Zoning Flexibility

Answer 7

Variances
Special Exceptions
Rezoning (a la City of Rochester)
Plebiscite-based rezoning
Conditional rezoning (unilateral agreement by property owner)
Contract rezoning (bilateral agreement between owner and zoning authority)
Floating zones (delaying location identification)
Cluster zones (area variations)
Planned Unit Developments (area and use variations)