Title: Foundations of Law - Zoning Laws
Headings: Zoning Laws
Zoning Laws
Terms:
Authorization for Zoning Laws
The State of Texas passes a statute authorizing its cities to limit the locations within cities where shopping malls can be built. The city of Corpus Christy passes a law stating that shopping malls can only be built in a specific square block radius and that any company that violates this law is fined $1,000,000. Although the first part of the local law is valid, the second part is clearly ultra vires because the state never gave authority for the local government to impose this type of penalty. The penalty part of the law is therefore void.
How Zoning Laws Operate
The fictitious town of Podunk, Connecticut, categorizes all land use as being appropriate in one of six “zones.” The six zones are:
low density residential,
high density residential,
low density commercial,
high density commercial,
low density industrial and
high density industrial
The zoning board recognizes that the zones that are lower numbered in that list are likely to find enjoyment of their property difficult if they are situated next to zones that are higher on that list. Although the board recognizes that all six usages are vital to Podunk’s economy, it wants to make sure that all six categories of people have enough room to operate their usages.
In addition, the board feels that there will be a minimum of inconvenience and harm caused if the zones that are next to one another on the list border each other. For example, having a high density industrial zone near a residential zone would be catastrophic to the residential houses because the pollution would make life virtually untenable for the occupants. On the other hand, having a high density commercial zone border a low density industrial zone would not do all that much harm to either zone. Therefore, the Podunk town board divides the city into six zones, along the following configuration:
In this way, Podunk can allow all six functions within its borders while, at the same time, limiting the harm that the various usages can cause to each other.
Cumulative Zoning
Jerry buys a factory that is in the middle of Utopia City’s garment district, which is zoned for industrial use. After operating the factory for years, Jerry’s business goes under and he stops using the factory. Because of a demand in the real estate market, Jerry does not want to sell the factory. So, instead, he renovates the factory a little and starts renting out sections of the factory as apartments for people to live in. Assuming that Utopia has a cumulative zoning plan, this will be allowed, because Jerry’s use (high density residential) is a “higher” use than is allowed under the zoning laws.
Mutually Exclusive Zoning
Application of Zoning Laws to Existing Usages
Pizza The Hut runs a successful restaurant in downtown Spacetown. One day, the Spacetown city council decides to revamp the way in which the city is laid out. They suddenly announce that the area in which Pizza operates his restaurant will henceforth be a residential area in which commercial businesses will not be allowed to operate. Pizza cannot readily convert his store into a house. In this case, Pizza may be able to receive just compensation from the City for his loss that the new zoning law caused. The City may be able to argue that Pizza still has economically viable use for the land, but it will be a close case, because Pizza is being forced to cease operations that were the cause of him buying and maintaining the property.
Pizza The Hut runs a successful restaurant in downtown Spacetown. One day, the Spacetown city council decides to revamp the way in which the city is laid out. They suddenly announce that the area in which Pizza operates his restaurant will henceforth be a residential area in which commercial businesses will not be allowed to operate. However, the zoning law calls for an effective date 5 years after its date of passage. By that time, it might be reasonable to expect Pizza to convert his restaurant into a usage that is consistent with the zoning laws.
Pizza The Hut runs a successful restaurant in downtown Spacetown. One day, the Spacetown city council decides to revamp the way in which the city is laid out. They suddenly announce that the area in which Pizza operates his restaurant will henceforth be a residential area in which commercial businesses will not be allowed to operate. However, the law stipulates that pre-existing commercial users, such as Pizza’s restaurant are exempt from the zoning law. However, the law does state that no expansion can be made to any commercial establishment in the area. This rule is valid and is certainly not considered a taking. Pizza can continue to operate his restaurant, but he cannot expand his restaurant by building another wing to it, and he certainly cannot build another restaurant within the prohibited area.
Lester wants to build a private school in Airmont, New York. The Airmont zoning code provides that a school must have at least one parking spot for every faculty member and one spot for every two students that the school intends to enroll. Lester’s school is designed to be able to accommodate a maximum of 20 faculty members and 120 students. According to Airmont zoning rules, the school would require 80 parking spots. However, Lester’s school has a rule that students may not drive to and from school under any circumstances. Therefore, Lester asks for a variance that will allow him to build the school with fewer parking spots than would otherwise be required. The town zoning board would be empowered to accommodate this request because the reason behind the zoning law does not apply in this case.

Content: In addition, there are different gradations within the category of residential housing itself. Many zoning codes set aside areas for low density housing and prohibit high density housing in those areas. The industrial and commercial zones can also be divided by density of its usages. It is generally assumed usages of property that are more “ dense ” (more heavily used) will be harmful to neighboring properties that are used less heavily. The reasons for this include an excess of traffic, noise and pollution that are an inevitable result of an increase in population density. In addition, it is assumed that neighboring commercial areas are likely to harm residential areas because of the increase in traffic and noise that they generate. Industrial areas are presumed to be harmful to both residential and commercial areas because of the pollution and noise that they invariably generate. Therefore, zoning schemes, while recognizing that all types of zones are important, indeed vital, to the economic well being of a city, seek to confine the various usages of land in a manner that limits the harm that the usages can inflict on neighboring properties. For example: The fictitious town of Podunk, Connecticut, categorizes all land use as being appropriate in one of six “zones.”