o 3 Narrowly tailored Do the means fit the ends or are they arbitrary and

O 3 narrowly tailored do the means fit the ends or

This preview shows page 67 - 70 out of 77 pages.

o 3. Narrowly tailored ? Do the means fit the ends, or are they arbitrary and capricious exercises of state power?
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- Note : when the ordinance impinges on a fundamental constitutional right , burden on the state increases – must show that it is NT to a compelling state interest is advanced by the law (state interest > individual right ) STRUCTURE OF THE AUTHORITY UNDERLYING ZONING LAWS Types of zoning : - 1. Euclidian/cumulative zoning : different zones or districts are ranked in a hierchary, wherein uses allowed in less dense zones are allowed in all denser zones, but no use may be located in a less dense zone than the zone in which it is first assigned o Districts zoned by use, height, and width are all governed by Euclidian zoning ordinances o Used frequently in residential areas - 2. Noncumulative zoning : popular in commercial and industrial districts; permits only expressly authorized activities in each district o Ex. no houses allowed in industrial areas Enabling acts : Standard State Zoning Enabling Act – has been adopted or is the model for enabling acts in over 35 states - Under its enabling act, a state will give power to municipalities to regulate the height, size, population density, use, of land - Regulations most comport with 2 very general/vague requirements : o 1. Reg must be made in accordance with a general/comprehensive plan ; AND o 2. Reg must be designed for the public good - Act also establishes 2 bodies to deal with the administration of zoning laws : o 1. Planning/zoning commission In charge of recommending legislation to the city council Complying with the “general plan” is a precondition to enacting a zoning law, but this is not a real requirement – just said to be in line with the plan when the provisions are reasonable and consistent Satisfied by a brief preamble in the law; needs to be flexible to deal w/changed circs o 2. Board of adjustments
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Acts as an appeals body Grants variances and special exceptions 2 issues w/zoning monopoly zoning and spot zoning - Monopoly zoning : some communities will seek to use zoning as a way to raise property values artificially by creating scarcity – zone only limited amount of plots for houses, etc o However, a variety of jx’s in any particular housing market can frustrate this o Note that zoning does eliminate many negative externalities experienced by homeowners b/c it increases the value of land and makes communities more exclusive - Spot zoning – when a landowner is singled out for preferential treatment or negative treatment by the effects of a zoning ordinance o Should cts give deference to planning comms in these situations, or should they look at things that appear to be spot zoning to warrant heightened JR? o Traditionally, cts took a deferential appch, ok’d spot zoning if “consistent w/general plan,” but now seem to be applying rat rvw State v. Rochester (1978): and was zoned for low density residences, owner of large tract successfully got it rezoned for condos.
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