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Published byDaisy Francis Modified over 9 years ago
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PURPOSE OF CHAPTER ONE 1.TOOLS: UNDERSTANDING OF THE BASIC REGULATORY TOOLS (ZONING, USE PERMITS, ETC.) 2.FIRST LOOK AT LARGER THEMES: TREMENDOUS ECONOMIC POWER AND DISCRETION. EXAMPLE: Economic effects of the Village of Euclid Ordinance
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HOW TO APPROACH THE CHAPTER 1.THE BASIC ZONING SCHEME “Euclidian Zoning” 2.FLEXIBILITY DEVICES Why Needed? --”All land is unique” -- Entrepreneurial forces Relationship between flexibility and arbitrariness
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BASICS OF EUCLIDIAN ZONING 1. DISTRICTS USE/HEIGHT/AREA “CUMULATIVE ZONING” 2.RELATIONSHIP BETWEEN THE THREE VARIABLES. 3.TEXT AND MAP
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CONSEQUENCES OF EUCLIDIAN ZONING 1. SEPARATION OF USES 2. COMBINE WITH AUTOMOBILE 3. RESULT: SPRAWL? 4. RESPONSE: “NEW URBANISM”
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THE ZONING SCHEME IN THE VILLAGE OF EUCLID, OHIO 1. LOCATION OF EUCLID RE METROPOLITAN AREA 2. INDUSTRY LOCATION: RAILROADS, ETC. 3. WHAT WAS THE CITY TRYING TO DO?
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CONSTRUCTING THE OPINION 1. THE NUISANCE ANALOGY WHY IS IT USEFUL? 2. LIMITATIONS ON THE NUISANCE ANALOGY. THE U-2 PROBLEM 3. THE ROLE OF PLANNING AND EXPERTS
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IMPORTANT POST-EUCLID POINTS 1. COMMON LAW DOCTRINES: NUISANCE AND COVENANTS 2. THE PRESUMPTION OF VALIDITY 3. THE STANDARD ZONING ENABLING ACT 4. “WIPEOUTS” AND COMPENSATION
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MORE POST-EUCLID POINTS 5. THE ROLE OF THE FEDERAL COURTS 6. NECTOW v. CITY OF CAMBRIDGE
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APPLYING EUCLIDIAN ZONING: GAFFNEY THE CONCEPT OF “PERMITTED USES” “INCLUSIVE” OR “EXCLUSIVE” ZONING ORDINANCES LEGAL ANALYSIS: DETERMINING A “PERMITTED USE” “NUDIST CLUB”? “PRIVATE RECREATIONAL FACILITY” ? “PRESERVE AND CONSERVATION AREA?
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