Simply put, zoning, in a planning or land use context, is the classification of the land in a community into districts with different regulations for its utilization. Zoning and other methods of land use control have evolved with the primary objectives of promoting the health, safety, and wellbeing of residents while minimizing the negative impacts of one activity or use upon others. Zoning is effectively a legislative process whereby a community prioritizes values associated with land, development, and associated activities. A zoning system generally includes map or plan elements which define areas where like regulations apply, and a textual, usually relatively locally legislated ordinance, code, or law consisting of definitions and procedures applying to the zoning process.
Social and technological advancements have prompted an evolution in the perception of activities and development patterns that zoning regulations have been intended to address. Many early land use controls were initiated in response to specific problems experienced by cities during periods of accelerated population growth and rapid industrialization. Public health nuisances worsened by extreme population density and industrial pollution were a primary driver for controls on the form of residential development, promotion of public safety and sanitation infrastructure, and on the siting of industrial activities.
Historically, zoning controls fall into three general categories. The first is the regulation of the location of certain activities, such as the operation of a slaughterhouse or a smelting plant. For reasons of aesthetics, health, and safety, these activities might be required to be separated from areas primarily serving as residences. A secon...
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...nding industrial development and activity within its jurisdiction. In an effort to accomplish this, Euclid passed a zoning ordinance that regulated and restricted the potential uses of 68 acres of land owned by Ambler Realty Company within the village. Ambler sued, arguing that the regulation reduced the value of its property and thus amounted to an unconstitutional taking.
The Court held that Euclid had rightfully employed its police powers and found both that efforts intended to promote the maintenance of the character of a community and the regulation of the locations of certain land uses within a community are legitimate government interests. Though the Euclid decision has never been overturned, cases at all levels of the judicial hierarchy have tested and more narrowly defined the relationship between public interests and private rights in land use matters.
Hawaii Housing Authority versus Midkiff (1984) Majority Opinion was argued 26 Mar. 1984, decided 30 May 1984 with Justice J. O'Connor delivering the opinion of the Court. Hawaii Housing Authority v Midkiff (1984) stands as one of the Supreme Court's most referenced explanations of the requirement that any governmental taking of private property must be for a “public use,” as set forth in the Fifth Amendment of the United States Constitution. The Fifth Amendment of the United States Constitution states that “…private property [shall not] be taken for public use, without just compensation.” This case was a direct a challenge to a Hawaii statute, the Land Reform Act of 1967, that attempted to undercut a landowning oligopoly that had long tied up land titles in the state. Midkiff was part of that that landowning oligopoly.
Since the Council meeting on March 31, the issue has become both more contentious and complicated. The Council voted on September 1 to rescind their approval of the new zoning. However, the developer submitted their proposed plans for the site a day prior, which under a new state law, allows for the retail zoning to stand. The “time of application” l...
The dissent believes that the taking in this case is supported by statutory laws that the government is not taking over the private property, it’s not engaging in some form of physical invasion, or limiting the use of a landowner 's property in certain respects, if the public interest in regards to safety and/or the prevention of harm. The dissent struggles that Beachfront management act of 1986 expanded the critical areas to protect shoreline erosion which also include the ramifications that these actions can be taken without compensation in this case. Also, Lucas can still engage in recreational activities such picnic, swim, ...
Because of the amount of overdeveloped areas that are now vacant, the desire to renovate old vacant properties and land plots has all but disappeared. What if there was a beneficial solution to unused land plots in need of rehab and redesign? What if, instead of paving over every leftover inch of grass and dirt in urban areas to make room for more parking for our daily commuting polluters, we instead reinvent that land for a purpose that is both beneficial to our
The differentiation between open fields and private property must be made before one can proceed to form an opinion regarding the constitutionality of a warrantless search of an open field. Oliver v. United States is a case in which police officers, acting on reports from neighbors that a patch of marijuana was being cultivated on the Oliver farm, entered on to private property ignoring “No Trespassing” signs, and on to a secluded open portion of the Oliver property without a warrant, discovered the marijuana patch and then arrested Oliver without an arrest warrant. The Maine Judicial Court held that “No Trespassing” signs posted around the Oliver property “evinced a reasonable expectation of privacy,” and therefore the court held that the “open fields” doctrine was not applicable to the Oliver case.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
The rezoning of 125th street has been a topic of controversy and has yet to be approved. The Department of City Planning believes rezoning of 125th street will bring positive economic changes. I personally believe that these changes would negatively affect the residents and business owners of Harlem. According to the New York City’s Planning Commission, the rezoning will bring new business and housing. Residents and business owners disagree because they believe this plays a bigger role in promoting further “gentrification.” I believe that Harlem should be able to keep its cultural heritage while still promoting and modifying economic growth.
In 1795, many of the members of the Georgia Legislature had been bride to sell the Yazoo land that had been occupied by the Native Americans at a bargain price. Later, the following year, after the new elections the new members of the legislature declared the land sales to be invalid due to their fraudulent nature, and revoked any and all
During the last half of the 1800’s and the early part of the 1900’s urban population in western Europe made enormous increases. During this period France’s overall population living in cities increased twenty percent, and in Germany the increase was almost thirty percent. This great flow of people into cities created many problems in resource demands and patterns of urban life. These demands created a revolution in sanitation and medicine. Part of this revolution was the redesigning of cities. G.E. Baron Von Haussmann was the genius behind the new plans for the city of Paris.
Residential, commercial and industrial development is the largest contributors to landscape change in the state of New Jersey. When buildout occurs in one region, development pressure begins in another, virtually insuring the Megalopolis concept of one huge urban corridor stretching between Boston and Washington D.C. Year after year, farmland dwindles, roads become congested, and more residents are left to compete for diminishing natural resources. Desperate measures and newer technologies are incorporated to replace poor planning and lack of vision on behalf of decision-makers caught between competing interests. When the long term health and wellbeing of the established population and the short term gain of a limited number of people compete for vital natural resources there should be no question who's interests should prevail.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
apartments in certain areas of a city. The goal is usually to protect the rights
However, most of the people whose homes were in this area had given their properties up for just compensation by the city without a struggle; only a small portion went to the courts about losing their land. The main reason behind these people taking legal action was because apparently they held a connection to their land; many had spent much time working on their home to bring it to the condition it was, raising its value not only marketably but sentimentally as well (Linder). Despite the promise of being justly compensated for being relieved of their land - which would have been generous seeing as all the properties in question seemed to be in good condition, because the people who sued the state felt that the labor (or other reasons for attachment) outweighed whatever they would have received for it by the city they tried to keep their
Every business must meet zoning requirements to ensure that the business activity and site are compatible. Do not rely on the property owner or leasing agent alone to determine if your business can operate at a location. Some industrial and commercial development parks have their own personalized development agreements that can be different from current local zoning ordinances. There may be distance separation requirements or other special use permits requiring Planning commission and/or City Council approvals. These actions can delay your start date and have additional fees associated with them.