Land Use Planning Moore Spring 2017
The Doctrinal Starting Point: Village of Euclid
Zoning is the most widely used technique for land use regulation.
Euclidean zoning is the most widely used zoning. It is also known as cumulative zoning. Cumulative zoning is one where higher uses include lower uses.
Types of Zoning
Vill. of Euclid v. Ambler Realty Co.
Zoning ordinances must find their justification in some aspect of the police power, asserted for the public welfare.
That is, zoning ordinances do not per se violate the constitution. They do not per se violate the 14th Amendment’s due process and equal protection claims.
In order to find that a governmental unit has violated a party’s substantive due process rights, the party must establish that the ordinance in question is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.
The Zoning Process in Lexington
The Zoning Enabling Act and Zoning Ordinances
The Zoning Enabling Act
Zoning is the province of municipalities. Most states have enacted one or more zoning enabling acts, which confer on localities the power to zone.
Zoning ordinances may not conflict with the terms of the enabling act.
The Zoning Ordinance or Its Equivalent
The majority of jurisdictions’ locality’s legislative body enact the local zoning ordinance.
In a minority of jurisdictions, the zoning or planning and zoning commission has the power to enact the local zoning ordinance.
These are regulations rather than ordinances.
Typical zoning ordinances include three standard features.
(1) The ordinance creates a variety of zoning districts, and lists the permitted uses in each of those districts.
(2) The ordinance incorporates a map of the municipality, which correlates each parcel of land with one of the zoning districts.
(3) The ordinance includes provisions regulating enforcement of the ordinance.
Division into Districts
Most zoning ordinances impose restrictions on use, area, and height of buildings within municipal borders.
Normally separated into residential, commercial, and industrial uses.
Mix-use districts are becoming more common.
Area and Bulk Restrictions
These are used to preserve open space, avoid congestion, or limit demands on municipal infrastructure. They limit the number and arrangement of homes in the area.
The limits take the form of minimum lot size requirements and minimum frontage and setback requirements.
These are used to preserve light, air, and view.
They are effected by limiting the number of stories a building may have or limiting the number of feed from the ground.
The Zoning Map
The zoning map correlates each parcel in the municipality with one of the districts created in the ordinance.
Kentucky and Lexington
KRS Chapter 100
LFUC Zoning Ordinance
Zoning amendments happen when landowners or neighbors seek changes in the underlying structure of the zoning ordinance or zoning map.
Most statutes require the local legislature to conduct a public hearing in proposed amendments to the zoning ordinance.
Zoning amendments take two forms:
Text amendments, which modify the restrictions applicable in a particular zoning district, or in all districts.
Map amendments, which alter the map to change the district in which a particular parcel of land is located.
KRS 100.211: Procedure for Amending Zoning Map and Text of Regulation; Notice; Hearing; Time Limit for Final Action
(1) For the purposes of this section, “administratively complete” means that a proposal for a zoning map amendment is accurate and complete by meeting all the applicable requirements of this chapter and any other applicable administrative regulatory requirements or approvals formally required by the local legislative body or applicable state law.
(a) A proposal for a zoning map amendment may originate with the planning commission of the unit, with any fiscal court or legislative body which is a member of the unit, or with an owner of the property in question.
(b) The proposed amendment shall be referred to the planning commission before adoption. The planning commission shall:
1. Hold at least one (1) public hea
(h) It shall take a majority of the entire legislative body or fiscal court to override the recommendation of the planning commission and it shall take a majority of the entire legislative body or fiscal court to adopt a zoning map amendment whenever the planning commission forwards the application to the fiscal court or legislative body without a recommendation of approval or disapproval due to a tie vote.
(i) Unless a majority of the entire legislative body or fiscal court votes to override the planning commission's recommendation, such recommendation shall become final and effective and if a recommendation of approval was made by the planning commission, the ordinance of the fiscal court or legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law.
(3) A proposal to amend the text of any zoning regulation which must be voted upon by the legislative body or fiscal court may originate with the planning commission of the unit or with any fiscal court or legislative body which is a member of the unit. Regardless of the origin of the proposed amendment, it shall be referred to the planning commission before adoption. The planning commission shall hold at least one (1) public hearing after notice as required by KRS Chapter 424 and make a recommendation as to the text of the amendment and whether the amendment shall be approved or disapproved and shall state the reasons for its recommendation. In the case of a proposed amendment originating with a legislative body or fiscal court, the planning commission shall make its recommendation within sixty (60) days of the date of its receipt of the proposed amendment. It shall take an affirmative vote of a majority of the fiscal court or legislative body to adopt the proposed amendment.