Regulation
What is a cluster development?
Denser construction in a smaller area than would otherwise be allowed, while leaving larger portions of the parcel or parcels undeveloped for other use like amenities or farming.
What is a Planned Unit Development (PUD)?
A project that doesn’t conform to traditional zoning in place, but is permitted after review by local govt.
What is incentive zoning?
Allowing a developer to increase the height or FAR of the building in return for cash or in-kind concessions made by the developer to local government.
The height of the building should be increased only if the developer’s contribution (in cash or in kind) will be used to mitigate the public burdens that result from the added floors.
What is a special assessment?
Fee imposed on landowners to pay for improvements that disproportionately benefit those landowners (as contrasted with City residents generally)
• ex. cost of paving a dead-end residential street
• ex. cost of storm sewers for localized flooding
Under local government law, special assessments are generally not treated as “taxes”
What are the three code words of accessory use and what do they mean?
“Customary” = it’s pretty common for occupants
to do this.
• “Incidental” = it’s related to the principal use, but
would not be included in the principal use.
• “Subordinate” = it is smaller (in space or in time)
than the principal use.
What are the two types of Zoning amendments and what do they do?
Text amendments→ modifies the text of an ordinance
Map amendments→ alter the map to change which district the land is in
Under the police power, a State may reasonably regulate the use of private property without paying compensation if the regulation "relates" to its purpose and the owner is not unreasonably deprived of all beneficial use of the property. What is the argument against this?
Does the public gain achieved by the exercise of the police power outweigh the private loss by owners of nonconforming uses?
What is a transit oriented development?
Compact, med-high density neighborhood that centers around a fixed node of public transit and includes a mixture of residential, retail, and other commercial amenities.
Can residents object to a floating zone before it is put in?
Residents cannot object to a floating zone before it is put in because no injury has been suffered.
What is an accessory use?
Zoning codes typically incorporate the concept of
“accessory” uses to permit incidental or secondary uses that are relatively minor and typically do not have
negative spillover effects
– This can relieve owner of the burden/cost of having to get a variance
What is cumulative zoning?
less intensive uses are permitted in more intensive districts (ex. single fam residence can be located in commercial zone--this can be a health and safety risk)
What are transferrable developmental rights?
Method by which developers can purchase the development rights of certain parcels within a designated "sending district" and transfer the rights to another "receiving district" to increase the density of their new development.
Why is there both preliminary and final approval in Columbia?
So that neighbors have two chances to voice their concerns/be heard
What is an impact fee?
Impact fees are charges levied against new development in order to generate revenue for the purpose of funding capital improvements necessitated by that development
What is nonconformity?
Triggered when new zoning rule is more restrictive
than the pre-existing regime
-Adoption of brand new zoning scheme
-“Downzoning” in already existing scheme
Doctrine allows owner to continue existing conduct
despite nonconformity
Per Euclid, when are zoning ordinances unconstitutional?
Zoning restrictions are unconstitutional if “clearly arbitrary and unreasonable” and without “substantial relation to the public health, safety, morals, or general welfare.”
What are the considerations that go into meeting the undue hardship standard of use variance?
Unnecessary Hardship Standards: (higher standard)
The unique character of property rather than personal considerations
Land cannot yield a reasonable return with current use (financial hardship alone is not enough!!)
Variance won’t alter the essential character of the neighborhood
How much guidance can be given when regulating aesthetics?
Can't be vague--must have words with “settled common law meaning” or commonly understood technical meaning in the building design industry
Typical conditions imposed when granting a conditional use permit:
-parking and access
-landscaping
-building size
-architectural style
-signage
-lighting
limits on nonconforming uses?
No rebuilding if destroyed
• No resumption if use is abandoned
If a landowner doesn't comply with zoning restrictions, what are his options?
Can seek to amend through rezoning
Can seek administrative relief (variance)
Can seek conditional use permit
Kat obtains a variance to build a detached garage that would violate the side lot setback. Kat later sells the home/lot to Hannah. Does Hannah need a new variance?
No. The variance is granted to the parcel, not to the owner. This makes sense, given that the underlying problem is the unsuitability of the parcel to the strictures of the zoning ordinance.
What is the difference between Legislative and Quasi-Judicial Determinations?
Legislative:
Formulation of general rules
Prospective
Affects many people
No procedural due process
Deferential standard of review
Quasi-Judicial:
Application of general rules to individuals
Retrospective
Affects few people
Procedural DP required
What is the difference between a tax and an impact fee?
If an impact fee is used to raise revenue for general public infrastructure, instead of
defraying the impact of development on a specific type of infrastructure, the impact fee
takes on characteristics of a tax.
whos gonna kill this test
DARIAN HARPER AND ANDREW AND NOT GRANDMA GUNDY