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Challenges in Zoning: A History of Permits, Housing, and Commercial Development

This analysis explores the intricacies of zoning regulations surrounding a variety of establishments, such as motels, schools, and restaurants. The discussions span historical cases like Pierro v. Baxendale and the implications of ordinances prohibiting motels in certain districts. Additionally, it highlights the tensions arising from modern business models, including the dominance of big retail stores like Walmart, and addresses unique cases, such as residential permits for animal ownership. The broader impact of these regulations on local businesses and community structures is examined.

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Challenges in Zoning: A History of Permits, Housing, and Commercial Development

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  1. Motels/hotels/B&Bs big boxes cellular towers group homes “pet” lions and elephants Schools, public/private profits/non-profits Restaurants/Bars banks/banks w/ drive ins apts./condos own/rent Difficulties in Districting. . .

  2. Pierro v. Baxendale Before May 19, 1954 • District A permitted one family, two family, apartment houses, rooming houses and boarding houses. May 19, 1954 • Plaintiffs seek permit for a 27 unit motel. May 25, 1954 • Supplemental Ordinance: no motels in A districts.

  3. Palisades Park Ordinance Rooming house: "any dwelling where furnished rooms are rented to more than six persons for compensation. . . ."

  4. Should Red Roof Inns, Holiday Inn, and Ramada join this case as Amici? • If so (and they should), why?

  5. Home Depot: a Retail Store or a Warehouse?

  6. NOTE: the three hurdles Home Depot must jump . . . • Presumption of validity • If no fundamental right affected, no need for city to recite tangible or specific objectives • Advance notice of concerns not necessary, indeed advance concerns not necessary

  7. What is wrong with big boxes?

  8. Despite the Home Court Advantage • In the last decade, 11,000 community pharmacies have closed. • Independent booksellers' market share has fallen from 58 percent in 1972 to 15 percent today. • Local hardware stores are disappearing, while two companies now control almost one-third of that market. • Five firms control one-third of all grocery sales. • A single company, Wal Mart, now accounts for 7 percent of all consumer spending.

  9. What about . . . ? “Public schools” permitted . . . Private school seeks permit “Schools” permitted . . . Chuck’s Karate School seeks permit “Restaurants, but not drive-in restaurants” . . . McD, with drive-thru window, seeks permit “Hospitals” permitted . . . Veterinary hospital seeks permit “Non-profit day care” permitted . . . “Kids-R-Us” seeks permit

  10. apartments owner occupied housing What about these classifications? PermittedProhibited • condominiums • rental housing

  11. Weare , New Hampshire­ Albert C. Jones, who owns a lioness and an elephant, filed suit against the town to appeal a decision barring him from keeping his animals at his home, at 94 Martin Road home. . . . “Jones Files Appeal In Lion And Elephant Case In Hillsborough County Superior Court”

  12. Chicago CodeHome Occupation “A physician, dentist, lawyer, clergyman or other professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for the general practice of his profession and not for the installation or use of any mechanical or electrical equipment customarily incident to the practice of such profession.”

  13. Chicago CodeHome Occupation “A physician, dentist, lawyer, clergyman or other professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for the general practice of his profession and not for the installation or use of any mechanical or electrical equipment customarily incident to the practice of such profession.”

  14. Typical Definition Home Occupation "An occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood."

  15. Telecom & FHA ADA ESA CWA SMCRA The Beloved Cellular Tower

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