Substainable Land Use
Substainable Land Use CENG 485
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This 10 page Class Notes was uploaded by Johnathan Crona MD on Monday October 12, 2015. The Class Notes belongs to CENG 485 at Ferris State University taught by Staff in Fall. Since its upload, it has received 22 views. For similar materials see /class/221606/ceng-485-ferris-state-university in Civil Engineering at Ferris State University.
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Date Created: 10/12/15
CENG 485 Sustainable Land Use 1312008 Legal Basis for Land Use Controls Surveying Engineering Department Ferris State University umaummmmmw Police Power gt Land use amp development exercise of police power gt Broadest all inherent power of sovereign government gt Limited by 5th Amendment to Constitution No person shall be deprived oflife liberty or property without due process oflaw nor shall private property be taken for public use without just compensationquot Legal Basis for Land Use Controls 1 CENG 485 Sustainable Land Use 1312008 Police Power gt Powers reserved to state limited by state constitution amp 14th Amendment No state shalldeprive any person oflife liberty or property without due process oflaw nor deny to any person within its jurisdiction the equal protection of the lawsquot gt US Supreme Court ruled due pi ULCDD leUbC of 14th Amendment makes compensation clause of 5th Amendment applicable to States Taking Problem amp 14th Amendment gt Muglev Kansas 123 US 623 1887 gt Issue legislative act regulating conduct through police power violates 14th Amendment gt Court upheld Kansas statute prohibiting manufacture of intoxicating liquors gt Not inconsistent to del rive A re ertv to L rotect public health morals or safety Legal Basis for Land Use Controls 2 CENG 485 Sustainable Land Use 1312008 Taking Problem amp 14th Amendment gt Lawton V Steele 152 US 133 1894 gt Court upheld NY statute authorizing seizure amp destruction of illegal fishing nets without compensation gt Does not Violate 14th Amendment39s due process clause if gt Interests or public require interference FEE y gt Means reasonably necessary to accomplish u I purpose r l gt Not unduly oppressive to individuals Hadacheck v Sebastian gt 239 US 394 1915 gt Plaintiff misdemeanor for Violating Los Angles ordinance gt Illegal to establish or operate a brickyard or brick kiln or any establishment factory or place W manufacture v a o uc h we city limits 7 7 7 Legal Basis for Land Use Controls 3 CENG 485 Sustainable Land Use 1312008 Hadacheck v Sebastian Petitioner Land had valuable clay worth 800000 for brick worth 60000 for other ur oses Made deep amp extensive excavations land could not be used for other purposes Purchased land for clay when land outside city limits and far from other dwellings Erected expensive machinery for brick making If ordinance valid would have to abandon business because clay could not be moved Did not feel business nuisance District small sparsely settled largely unoccupied In other districts this use permitted to be maintained No ordinance passed regulating brick yards or no inquiry about if they could be maintained without being health problem or nuisance Ordinance enacted to prohibit amp suppress petitioner s business amp other brick yards in district v v v vv vvvv v Hadacheck v Sebastian City of Los Angles gt Denied ordinance arbitrarily directed against petitioner gt Another district where brick yards prohibited Denied brick yard was or could be conducted sanitarily gt Affidavits allege fumes vases smoke soot steam amp dust caused sickness and serious discomfort Y Denied ordinance would entirely deprive petitioner of property and its use Legal Basis for Land Use Controls 4 CENG 485 Sustainable Land Use 1312008 Hadacheck v Sebastian Supreme Court of California gt Petitioner39s business could be regulated gt Regulation not precluded by gt Value of investment prior to legislative action would be diminished gt Petitioner engaged in brickmaking for long period of time gt District had become primarily residential gt Residents disturbed by factory gt Rejected contention that ordinance was not in good faith enacted as police measure amp intended to discriminate against petitioner Hadacheck v Sebastian US Supreme Court 1quot g r 7 gt Concluded Supreme Court of California correct i gt Police A ower is one of most essential A owers of government i gt Least limitable 39 7 eg v Power may seem harsh to individual City has right to impose power even on activin39es that existed prior to an ordinance gt Otherwise development would be blocked amp city could not change its primitive conditions gt For progress 7 if private interests are in the way they must yield to the good of communi gt Even it business not a nuisance per se it is within police power to regulate it v gt Can even declare it to be a nuisance in fact and in law gt Power cannot be exerted arbitrarily or with unjust discrimination In this case transport of clay is possible but may be financially prohibin39ve gt Petitioner no prohibited from extracting clay just its manufacture v Legal Basis for Land Use Controls 5 CENG 485 Sustainable Land Use 1312008 History of Zoning gt England 1593 gt Act Against New Buildings gt Response to population increase in London reached 120000 gt Rules against erection of dwelling within London or Westminster or within 3 miles of cit gates gt Fine of5 pounds gt Act repealed in 1888 population grown to over 4 million History of Zoning gt Boston 190405 gt Massachusetts legislature height restrictions for entire city gt Different maximum heights in different districts gt Ensure ample sunlight for each property Y Los Angeles 1909 gt Ordinance dividing city into industrial amp residential areas gt 1910 excluded brick factories from 1 or 2 industrial districts Legal Basis for Land Use Controls 6 CENG 485 Sustainable Land Use 1312008 History of Zoning gt New York City aquot 5 gt New mm City Building one Rcsvmo 0 l9 6 gt Complete 8L comprehensive system of building 8L land use control 3 separate classes of districts to regulate gt Use of land 8 buildings gt Height of buildings gt Percentage of lot that could be occupied by buildings 3 use districts gt Residential no business 8 industry gt Business speci c businesses 8 industry prohibited gt Unrestricted all kinds of residential business 8L industry Not retroactive Special Interests Fifth Avenue merchants protection against growing garment industry v v v v History of Zoning gt After New York ordinance upheld gt Zoning spread across courJ gt By 1922 gt 20 states with enabling acts gt 50 municipalities with zoning ordinances Some municipalities enacted ordinances without enabling acts Generally held that police power by state legislature to local govt insufficient to regulate land use by zoning States interested in zoning enacted enabling legislation 19 26 gt 4348 states had enabling legislation gt 420 municipalities had zoning ordinances Legality of zoning in limbo Supreme Court Village of Euclid v Amber Reality Co V V V V VV Legal Basis for Land Use Controls 7 CENG 485 Sustainable Land Use gt 9 sections addressing Standard State Zoning Enabling Act Section 1 Grant of Power Section 2 Districts Section 3 Purposes in View Section 4 Method of Procedure Section 5 Changes Section 6 Zoning Commission VV V V V V V Section 7 Board of Adjustment Section 8 Enforcement and Remedies V Section 9 Con ict with other Laws V gt Sec 1 For the purpose ofpromoting health safety Standard State Zoning Enabling Act morals or the general mm m we community the legislative body of cities and incorporated Villages is hereby empowered to regulate and restrict the height number of stories and size of buildings and other structures the percentage of lot that may be occupied the size ofyards courts and other open spaces the density ofpopulation and the location and use or buildings structures and land for trade industry residence or other purposes Legal Basis for Land Use Controls 1312008 CENG 485 Sustainable Land Use Standard State Zoning Enabling Act gt Sec 2 For any or all of said purposes the local legislative boav may wvde we mucpaty ntu districts of such number shape and area as may be deemed best suited to carry out the purposes of this act and within such districts it may regulate and restrict the erection construction reconstruction alteration repair or use of buildings structures or land All such regulations shall be uniform for each class or kind or building throughout each district but the regulations in one district may differ from those in other districts Standard State Zoning Enabling Act gt Sec 3 Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets to secure safety from fire panic and other dangers to promote health and the general welfare to provide adequate light and air to prevent the overcrowding ofland to avoid undue concentration of population to fac111tate the adequate provision of transportation water sewerage schools parks and other public requirement Legal Basis for Land Use Controls 1312008
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