Court says ordinance is valid, relate to nuisance laws, we may want “while people to be allowed to keep chickens, you may want to segregate them out from others” Is creation of residential districts a good idea? Yes, when you separate uses, increase safety and security, decreases noise and traffic, ect Court says there is no injury yet, you would have to show a lot to win at this point, court effect yet hasn’t seen practical Takeaways: Euclidean zoning, dividing into cumulative rigid use zones (higher uses are permitted in areas of lower uses but not vice versa each – subsequent category becomes broader, top category most narrow) Nonconforming Use: already built on land that then becomes zoned so your property conform to regulations doesn’t Grandfathering let non-conforming use continue until tenant leaves or – business stops then apply zoning Amortization give reasonable period of time when owner can stay then – they need to leave PA Northwestern District v. Zoning Hearing Board Adult book store in PA, city ordinance changed 4 days after the store opens, gives store 90 days to leave, ordinance really only applies to the store Court says it is unconstitutional, 90 days city isn’t reasonable, prove it was a nuisance, just shut down business you didn’t can’t like unless you want to exercise eminent domain don’t Cant deprive property owner of lawful use of land without compensation PA categorical rule only, minority of states say amortization is impermissible and require compensation, amortization make up for fact that you zoned this person doesn’t out of business Concurrence: look to certain balancing factors for amortization (majority of states use amortization and these balancing factors) Length of amortization in relation to nature of nonconforming use Length of time of amortization in relation to the investment, how much money is going to be lost Degree of offensiveness of nonconforming use in relationship to the surrounding neighborhood Texas zoning follows concurrence re: amortization, no problem with reasonable amortization period, if you have 25 year amortization period, you can sell to someone else within that time frame If large diminution, taking still exists If business gets destroyed under amortization, then business is ended, rebuild can’t Zoning ordinance is usually grandfathered in until it naturally comes to an end Amortization usually ok as long as it meets balancing test
Court says ordinance is valid, relate to nuisance laws, “while we may want people to be allowed to keep chickens, you may want to segregate them out from others” Is creation of residential districts a good idea? Yes, when you separate uses, increase safety and security, decreases noise and traffic, ect Court says there is no injury yet, you would have to show a lot to win at this point, court hasn’t seen practical effect yet Takeaways: Euclidean zoning, dividing into cumulative rigid use zones (higher uses are permitted in areas of lower uses but not vice versa – each subsequent category becomes broader, top category most narrow) Nonconforming Use: already built on land that then becomes zoned so your property doesn’t conform to regulations Grandfathering – let non-conforming use continue until tenant leaves or business stops then apply zoning Amortization – give reasonable period of time when owner can stay then they need to leave PA Northwestern District v. Zoning Hearing Board Adult book store in PA, city ordinance changed 4 days after the store opens, gives store 90 days to leave, ordinance really only applies to the store Court says it is unconstitutional, 90 days isn’t reasonable, city didn’t prove it was a nuisance, can’t just shut down business you don’t like unless you want to exercise eminent domain Cant deprive property owner of lawful use of land without compensation PA categorical rule only, minority of states say amortization is impermissible and require compensation, amortization doesn’t make up for fact that you zoned this person out of business Concurrence: look to certain balancing factors for amortization (majority of states use amortization and these balancing factors) Length of amortization in relation to nature of nonconforming use Length of time of amortization in relation to the investment, how much money is going to be lost Degree of offensiveness of nonconforming use in relationship to the surrounding neighborhood Texas zoning follows concurrence re: amortization, no problem with reasonable amortization period, if you have 25 year amortization period, you can sell to someone else within that time frame If large diminution, taking still exists If business gets destroyed under amortization, then business is ended, can’t rebuild Zoning ordinance is usually grandfathered in until it naturally comes to an end Amortization usually ok as long as it meets balancing test