Zoning Exceptions Prof. David Glazier Mar 22, 2007 PropertyProperty

Today’s Class The Nonconforming Use PA Northwestern Dist v. Zoning Hearing Bd Variances and Special Exceptions Commons v. Westwood Zoning Bd Reading for Thursday

PA Northwestern Dist v. Zoning Hearing Bd (Pa. 1991) The Facts/Chronology: May 4, 1985: May 23, 1985:

Zoning Law: Constitutional Balance Government Land Owner Police Power: Health Safety Morals General Welfare Right to use unless: Illegal Nusiance Violates covenant or easement Were there any issues with PA NW’s right to use?

Zoning Law: Amortization What is it? Is this a credible application?

PA Northwestern: Decision What does the court decide about amortization? What is the basis for their decision? Fun Fact(!): PA. S. Ct. was established in 1722 First court in U.S. w/authority to overrule statutes

Pennsylvania Constitution Art. 1, DECLARATION OF RIGHTS... Inherent Rights of Mankind - Section 1. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Pre-existing (“Non-conforming”) Uses - Non-conforming uses may continue unless detrimental to public welfare, safety, or health - Owner may make “necessary additions” needed for “natural expansion” of use - Non-conforming use is alienable - May be terminated only -- if a nuisance -- abandoned -- taken by eminent domain -- discontinued for set time -- destroyed For sale: $254,000

Exceptions After the Fact Variance – Special Exception -

Commons v. Westwood Zoning Bd (N.J. 1980) What are the facts here?

Commons v. Westwood Zoning Bd (N.J. 1980) What is the criteria for granting a variance? + -

Commons v. Westwood Zoning Bd (N.J. 1980) Law and Economics at work! Who benefits if variance not granted? Who pays if variance not granted? Logical impact?

Commons v. Westwood Zoning Bd (N.J. 1980) What does the Court decide here?

Commons v. Westwood Zoning Bd (N.J. 1980) What are the “Takeaways?”

Special Exception Use contrary to basic zoning but conditionally authorized by zoning ordinance - Legislative body authorizes as policy -- specifies specific criteria -- Zoning Bd to approve if criteria met - Ordinance must provide substantial guidance -- vague ordinances are unconstitutional -- Zoning Bd discretion must be limited Good discussion in Cope v. Inhabitants (pp )

Upcoming Reading Tuesday, March 27 – No Class  Thursday, March 29 Read Introductory material on pp Skim notes 1& 2 pp Read Kelo v. City of New London pp Thursday, Apr. 12 – min zoning wrap-up - Read pp beforehand State v. City of Rochester, n1

Questions?