o3. Narrowly tailored?Do the means fitthe ends, or are they arbitrary and capriciousexercises of state power?
-Note: when the ordinance impinges on a fundamental constitutional right, burden on the state increases – must show that it is NTto a compelling state interestis advancedby the law (state interest > individual right)STRUCTURE OF THE AUTHORITY UNDERLYING ZONING LAWSTypes 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 assignedoDistricts zoned by use, height, and width are all governed by Euclidian zoning ordinancesoUsed frequently in residential areas-2. Noncumulative zoning: popular in commercial and industrial districts; permits only expressly authorized activities in each districtoEx. no houses allowed in industrial areasEnabling 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:o1. Reg must be made in accordance with a general/comprehensive plan; ANDo2. Reg must be designed for the public good-Act also establishes 2 bodies to deal with the administration of zoning laws:o1. Planning/zoning commissionIn charge of recommending legislation to the city councilComplying 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 reasonableand consistentSatisfied by a brief preamble in the law; needs to be flexible to deal w/changed circso2. Board of adjustments
Acts as an appeals bodyGrants variancesand special exceptions2 issues w/zoning– monopoly zoningand spot zoning-Monopoly zoning: some communities will seek to use zoning as a way to raise property values artificiallyby creating scarcity– zone only limited amount of plots for houses, etcoHowever, a variety of jx’s in any particular housing market can frustrate thisoNote that zoning does eliminate many negative externalitiesexperienced 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 ordinanceoShould 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?oTraditionally, cts took a deferential appch, ok’d spot zoning if “consistent w/general plan,” but now seem to be applying rat rvwState v. Rochester (1978): and was zoned for low density residences, owner of large tract successfully got it rezoned for condos.