LAND USE LAW EXAM #1 QUESTIONS
WITH COMPLETE ANSWERS
What is the police power and what does it have to do with zoning? - Answer-- power
to regulate for the advancement and protection of the health, morals, safety or
general welfare of the community as a whole.
- zoning regulations will only be upheld when they are deemed a valid exercise of a
municipality's police power
- "bear rational relation to public welfare"
What do nuisances have to do with zoning? - Answer-in theory zoning ordinances
can alleviate nuisances, because the uses are separated
- example: zoning ordinance would keep cement plant away from residential
Nectow v. City of Cambridge - Answer-governmental power to interfere by zoning
regulations with the general rights of the landowner by restricting the character of his
use is not unlimited
- such a restriction cannot be imposed if it does not bear a substantial relation to the
public health, safety, morals, or general welfare
- violated defendants 14th amendment rights (without due process)
- different than Euclid bc zoning did not improve public welfare (no real justification)
SZEA sections of this Act and the importance of each: - Answer-1. grant of power:
for the purpose of promoting health, safety, morals, or the general welfare of the
community... regulate things such as building heights, lot density
2. districts: power to divide municipality into districts
3. purpose in view: in accordance with comprehensive plan to lessen congestion,
secure safety from fire, panic and other dangers
4. method of procedure: regulations, restrictions, and boundaries shall be
determined, established, enforced, and updated from time to time
5. changes: such regulations, restrictions, and boundaries may be amended ,
supplemented. modified, or changed
6. zoning commission: a legislative body (zoning commission) shall be appointed
7. board of adjustment: this board may be appointed by legislative body to make
special exceptions to zoning ordinances
8. enforcement and remedies: power to enforce zoning ordinances
Why is it important to have the zoning commission separate from the city council? -
Answer-zoning commissions need to be free of bias and political motivations; if city
council were to serve as a zoning commission they would be more likely to make
decisions based on their beliefs rather than in accordance with the comprehensive
plan
What are the traditional ingredients for Euclidean zoning and how do many
ordinances still reflect this format? - Answer-- ordinances than are cumulative in
nature
- usually starting with single family zone, then each successive zone more intense in
use all the way out the heavy industrial
, Section 1 SZEA: - Answer-broadly grants municipalities the power to zone "for the
purpose of promoting health, safety, morals, or the general welfare of the
community."
Section 3 SZEA: - Answer-such regulations shall be made in accordance with
comprehensive plan and designated to lessen construction in the streets, secure
safety from fire and other dangers, and promote general health and welfare
Section 7 SZEA: - Answer-once a local government opts to exercise the zoning
power, it must create an administrative process for dealing with special hardships
cases justifying the varying of the zoning ordinance requirement in particular and
unique cases; critical to avoid constitutional challenges
Pierro v. Baxendale - Answer-"the essence of zoning, we have so often said, is
territorial division according to the character of the lands and structures and their
peculiar suitability for particular uses, and the uniformity of use within the division"
- must be a RATIONAL RELATION between regulation and welfare
- judge ruled the supplement is unreasonable to prohibit motels throughout city
land use law- - Answer-deals with the way in which society enacts and implements
governmental plans in order to regulate the use and reuse of land
why is 20th century land use zoning problematic? - Answer-encouraged segregation
of uses > automobile dependence and urban sprawl
history of land use zoning: - Answer-Anglo Saxon heritage of land use zoning was
created to prevent overcrowding in England and some argue zoning was also
derived from continental Europe, more specifically Germany
City of Monterey v. Carrnshimba - Answer-- Jhonrico Carnshimba opened a Medical
Marijuana Dispensary in the City of Monterey and applied for a business license
under a different company, not disclosing that his intent was to incorporate the two
companies.
- "To be considered a nuisance per se the object, substance, activity, or
circumstance an issue must be expressly declared to be a nuisance by its own very
existence by some applicable law"
- "It is well settled that a municipality may divide land into districts and prescribe
regulations governing the uses permitted therein, and that zoning ordinances, when
reasonable in object and not arbitrary in operation, constitute a justifiable exercise of
political power"
- supported city's legal right for zoning
- court rejected appellants claim that city code was unreasonable
American Electric Power Company INC. v. Connecticut - Answer-Supreme Court
implies that a suit alleging federal common law of nuisance can be used only if
congress had completely abdicated legislation in the particular field
- public nuisance; per accidence
WITH COMPLETE ANSWERS
What is the police power and what does it have to do with zoning? - Answer-- power
to regulate for the advancement and protection of the health, morals, safety or
general welfare of the community as a whole.
- zoning regulations will only be upheld when they are deemed a valid exercise of a
municipality's police power
- "bear rational relation to public welfare"
What do nuisances have to do with zoning? - Answer-in theory zoning ordinances
can alleviate nuisances, because the uses are separated
- example: zoning ordinance would keep cement plant away from residential
Nectow v. City of Cambridge - Answer-governmental power to interfere by zoning
regulations with the general rights of the landowner by restricting the character of his
use is not unlimited
- such a restriction cannot be imposed if it does not bear a substantial relation to the
public health, safety, morals, or general welfare
- violated defendants 14th amendment rights (without due process)
- different than Euclid bc zoning did not improve public welfare (no real justification)
SZEA sections of this Act and the importance of each: - Answer-1. grant of power:
for the purpose of promoting health, safety, morals, or the general welfare of the
community... regulate things such as building heights, lot density
2. districts: power to divide municipality into districts
3. purpose in view: in accordance with comprehensive plan to lessen congestion,
secure safety from fire, panic and other dangers
4. method of procedure: regulations, restrictions, and boundaries shall be
determined, established, enforced, and updated from time to time
5. changes: such regulations, restrictions, and boundaries may be amended ,
supplemented. modified, or changed
6. zoning commission: a legislative body (zoning commission) shall be appointed
7. board of adjustment: this board may be appointed by legislative body to make
special exceptions to zoning ordinances
8. enforcement and remedies: power to enforce zoning ordinances
Why is it important to have the zoning commission separate from the city council? -
Answer-zoning commissions need to be free of bias and political motivations; if city
council were to serve as a zoning commission they would be more likely to make
decisions based on their beliefs rather than in accordance with the comprehensive
plan
What are the traditional ingredients for Euclidean zoning and how do many
ordinances still reflect this format? - Answer-- ordinances than are cumulative in
nature
- usually starting with single family zone, then each successive zone more intense in
use all the way out the heavy industrial
, Section 1 SZEA: - Answer-broadly grants municipalities the power to zone "for the
purpose of promoting health, safety, morals, or the general welfare of the
community."
Section 3 SZEA: - Answer-such regulations shall be made in accordance with
comprehensive plan and designated to lessen construction in the streets, secure
safety from fire and other dangers, and promote general health and welfare
Section 7 SZEA: - Answer-once a local government opts to exercise the zoning
power, it must create an administrative process for dealing with special hardships
cases justifying the varying of the zoning ordinance requirement in particular and
unique cases; critical to avoid constitutional challenges
Pierro v. Baxendale - Answer-"the essence of zoning, we have so often said, is
territorial division according to the character of the lands and structures and their
peculiar suitability for particular uses, and the uniformity of use within the division"
- must be a RATIONAL RELATION between regulation and welfare
- judge ruled the supplement is unreasonable to prohibit motels throughout city
land use law- - Answer-deals with the way in which society enacts and implements
governmental plans in order to regulate the use and reuse of land
why is 20th century land use zoning problematic? - Answer-encouraged segregation
of uses > automobile dependence and urban sprawl
history of land use zoning: - Answer-Anglo Saxon heritage of land use zoning was
created to prevent overcrowding in England and some argue zoning was also
derived from continental Europe, more specifically Germany
City of Monterey v. Carrnshimba - Answer-- Jhonrico Carnshimba opened a Medical
Marijuana Dispensary in the City of Monterey and applied for a business license
under a different company, not disclosing that his intent was to incorporate the two
companies.
- "To be considered a nuisance per se the object, substance, activity, or
circumstance an issue must be expressly declared to be a nuisance by its own very
existence by some applicable law"
- "It is well settled that a municipality may divide land into districts and prescribe
regulations governing the uses permitted therein, and that zoning ordinances, when
reasonable in object and not arbitrary in operation, constitute a justifiable exercise of
political power"
- supported city's legal right for zoning
- court rejected appellants claim that city code was unreasonable
American Electric Power Company INC. v. Connecticut - Answer-Supreme Court
implies that a suit alleging federal common law of nuisance can be used only if
congress had completely abdicated legislation in the particular field
- public nuisance; per accidence
