Pre Existing Use (Including Variance Special Exception Amortization) A use permitted by Explicitly not allowed, ordinance in a district in but they give you a which it is not Non conforming use variance to allow the Distinguishing necessarily gets to continue for activity (e.g. spacing Characteristics incompatible but might some period of time between houses) need to be watched After ordinance is in (hospitals) place Built into ordinances - Grandfather in - Exceptional and undue - Constitutionality (was existing use even if not hardship (exhaust all of there a specific grant of permitted under new your options) + power to the city?) zoning ordinance Detrimental to public - Look to the language Highlights of Test - Amortization: time to good that gives the exception phase out the business - Personal injury doesn’t (vague v. specific) Majority: Factor Test count - No need for undue Minority: Per Se - Consider area vs. use hardship Spot Zoning: Zoning changes, typically limited to small plots of land, which establish a use classification inconsistent with surrounding uses and create an island of nonconforming use within a larger zoned district, and which dramatically reduce the value for uses specified in the zoning ordinance of either the rezoned plot or abutting property Has the benefit of one that was singled out been detrimental to everyone else? Invalid where some or all of the following factors are present: Small parcel of land is singled out for special and privileged treatment The singling out is not in the public interest but only for the benefit of the landowner The action is not in accord with a comprehensive plan Present & Future Interests (System of Estates) See end of outline Concurrent Ownership Tenancy in Common: O: To A and B; presumed to be TIC unless there is explicit language that it is supposed to be a JT Multiple people own property, separate but undivided interest in the whole property When the property is sold, they get a cut according to their share Can have unequal shares Can sell your share
Pre Existing Use (Including Amortization) Variance Special Exception Distinguishing Characteristics Non conforming use gets to continue for some period of time Explicitly not allowed, but they give you a variance to allow the activity (e.g. spacing between houses) After ordinance is in place A use permitted by ordinance in a district in which it is not necessarily incompatible but might need to be watched (hospitals) Built into ordinances Highlights of Test - Grandfather in use even if not permitted under new zoning ordinance - Amortization: time to phase out the business Majority: Factor Test Minority: Per Se - Exceptional and undue hardship (exhaust all of your options) + Detrimental to public good - Personal injury doesn’t count - Consider area vs. use - Constitutionality (was there a specific grant of power to the city?) - Look to the language that gives the exception (vague v. specific) - No need for undue hardship Spot Zoning: Zoning changes, typically limited to small plots of land, which establish a use classification inconsistent with surrounding uses and create an island of nonconforming use within a larger zoned district, and which dramatically reduce the value for uses specified in the zoning ordinance of either the rezoned plot or abutting property Has the benefit of one that was singled out been detrimental to everyone else? Invalid where some or all of the following factors are present: Small parcel of land is singled out for special and privileged treatment The singling out is not in the public interest but only for the benefit of the landowner The action is not in accord with a comprehensive plan Present & Future Interests (System of Estates) See end of outline Concurrent Ownership Tenancy in Common: O: To A and B; presumed to be TIC unless there is explicit language that it is supposed to be a JT Multiple people own property, separate but undivided interest in the whole property When the property is sold, they get a cut according to their share Can have unequal shares Can sell your share existing
propertykumarspring2015.docx