Real Property · Lesson 11
Zoning
這一課問的是：分區條例是否有效限制土地使用？業主可尋求哪些救濟（variance · nonconforming use）？
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
Does a zoning ordinance validly restrict the owner's use of land — and what relief is available?
這一課問的是：分區條例是否有效限制土地使用？業主可尋求哪些救濟（variance · nonconforming use）？
Trigger words & phrases that should flag this issue:
zoningvariancenonconforming usespecial usegrandfathered
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
zoning
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Municipal regulation classifying land for permitted uses.
分區。
variance
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Permission to deviate from zoning where strict enforcement causes hardship.
變更許可。
nonconforming use
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Use predating zoning, generally protected from new ordinance.
原有不符使用。
special use permit
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Use permitted with conditions in the zone (e.g., schools in residential zones).
特殊使用許可。
spot zoning
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Invalid singling-out of a parcel for a use inconsistent with comprehensive plan.
斑點分區（無效）。
Rule Sentence · the workhorse
A zoning ordinance is a valid exercise of police power if substantially related to public welfare; existing nonconforming uses generally survive enactment, and variances are available where strict enforcement causes undue hardship.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人municipality市鎮
Act 行為enacting and enforcing zoning制定並執行分區
Object 對象land use土地使用
Standard 法律標準police-power rational relation警察權合理連結
Consequence 後果use permitted, prohibited, or excepted使用准許、禁止或例外
Casebook Snapshot · a real American case
Village of Euclid v. Ambler Realty Co.
Holding. A comprehensive zoning ordinance separating residential, commercial, and industrial uses is a valid exercise of the municipality's police power; it does not violate due process so long as it is reasonably related to public health, safety, morals, or general welfare.
Why it matters. Zoning is constitutional. Use-segregation under a comprehensive plan stands as long as it bears a reasonable relation to legitimate public goals.
綜合分區為合憲，只須合理連結於公益。
Common Mistakes · what trips students
✗ Variance 隨時可申請。
✓ Variance requires hardship — not personal preference.
變更須有困難非偏好。
✗ nonconforming use 永遠不能被消滅。
✓ Amortization periods may terminate NCU.
攤銷可消滅 NCU。
Mini IRAC · build the Application
Issue. May P obtain a variance to operate a corner store on a lot zoned solely residential, where strict application of the ordinance leaves the lot uniquely unusable?
Rule. A variance may be granted where strict enforcement of zoning would cause undue hardship and the variance would not substantially impair the comprehensive plan.
Application (model). P's lot fronts a busy highway, sits below grade, and cannot support a residence under current building codes; strict enforcement leaves the lot economically useless, while a small corner store is consistent with the existing block of mixed uses. Because variance requires undue hardship and minimal impact on the comprehensive plan, the fact that the lot's unique physical condition leaves it economically useless and the proposed store is consistent with adjacent mixed uses means both elements are satisfied.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, P may obtain a variance to operate the corner store.
MBE Check · multiple choice
P has run a kennel on her land since 1965. In 2020 the city enacted zoning prohibiting kennels in P's zone. Must P close immediately?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: