Land Use Planning
1) Introduction to land use controls (open book exam)
a) Walter May (former head of planning commission)
i) How to get zone change
(1) Recommended by planning commission, urban county council decides
(2) To get
(a) Potential change is in step w/ comprehensive plan
(b) Substantial change in conditions warrant a change
(c) Existing zoning is inappropriate, while the change is appropriate
(3) Quasi-judicial hearing
(a) Procedural due process
(b) No evidence rules except relevance
ii) Put more into record than you need in case you have to appeal
(1) Can submit in writing so it is in record, but doesn’t bore planning commission
iii) Comprehensive plan
(1) Quasi-legislative process
(a) Can get information from anywhere, not just from evidence
(2) Guideplan, not a straight jacket
(3) If map doesn’t agree, look to text
(a) Goals and objectives might fit w/ what you want.
iv) Planning commission
(1) Does subdividing of land
(a) Ministerial (shouldn’t be any right to deny if it meets the tests)
v) See CLE book on planning and zoning
vi) Court will overturn local legislative bodies denial of zone change if arbitrary
(1) If body denies zone change
(a) Standard is that you must show compelling need for change or clear evidence that existing zoning is inappropriate
(b) In court, harder to fight denial of zone change than fighting grant of zone change
b) Why land use controls
i) Background, misc
(1) Mandelker has treatise on reserve
(2) 4th Thursday of September: planning commission meeting
(a) sept 23, 1:00, by Ky theater
(3) how you use land, invariably affects your neighbors
(4) two competing values
(a) power to use private property however you choose
(b) regulation for safety, health, and welfare
(5) ky 16th in land use planning and 21st in open space protection.
ii) Three types of laws that determine land use planning
(1) Property tax system
(a) Supports major public services
(b) Usually used to support schools, so school quality affects location
(c) Taxes and types of land use
(i) Agriculture
1. less revenue, but no expenses either by govt
2. money maker
(ii) commercial use
1. highest revenue per acre, and uses least services
(iii) residential
1. money loser
2. low income housing is biggest money loser
(d) not directly land use control
(2) public services (sewer, roads, schools)
(a) type of roads dictates type of use (interstate interchange begets hotel)
(b) ex: school in middle of Beaumont
(3) Zoning, subdivision controls
(a) Explicit rules affecting how property is used
(b) Direct, but in some ways less important
iii) Example of a
but important role)
(a) Gives out certificate of occupancy
(i) Must conform to code to get
(b) Issue building permits
(c) Can appeal their decisions to board of adjustments
(3) Board of adjustments
(a) Most members not attorneys
(b) Relief from division of building inspections’ erroneous decisions
(c) Original jurisdiction for
(i) Conditional use permit
1. churches: need special permission to build a church in that location.
2. building something not in an area zoned for it.
3. uses listed in zoning ordinance but have to have specific permission even though contemplated
(ii) variances
1. uses not contemplated by zoning of particular plot
(iii) non-conforming use
1. different in that use was legal until enactment of zoning ordinance
a. bldg created, then zoning law passed that makes use non-conforming
2. like grandfathering
3. can last in perpetuity in KY, but in most states, have to get rid of after a certain number of years
(d) appealed directly to state court
more likely than planning commission to be swayed by controversy
