Week 11 - Zoning

Question 1

Regulation of Free Speech

Very carefully guarded by the courts
Regulations:

Can attempt to regulate the _______ of speech – very high burden on government

Can be ______ _______, i.e., not attempting to regulate what is being said – better chance of being upheld

Answer 1

Content

Content Neutral

Question 2

1st amendment in a bizarre zoning context: Burns case with the first amendment in zoning: _________. How do ________ relate to zoning?

A message that he was trying to convey. The guy thought that the change in design the switch from 10 square foot to 20 thousand square foot mansion would convey the new simplicity of life style and he wanted everyone to share the message. Free speech message. Tenuous connection as the court agreed. No one could see his message literally and figuratively.

Answer 2

aesthetics

aesthetics

Question 3

Something which does have a message. _____ have a message. City of LaDue.

Answer 3

signs

Question 4

Federal Constitution and Law That Restricts Zoning
1st Amendment – Free Speech

______ and _____ _______

Fed Fair Housing Act [already discussed]

Answer 4

Sign and Adult Entertainment

Question 5

Federal Constitution and Law That Restricts Zoning
Regulations:

Can be a _____ ________ upon particular speech – very high burden on government

Can regulate only the ______, ______, and ________ of particular speech – better chance of being upheld.

Answer 5

total prohibition

Time, Place and Manner

Question 6

With regard to freedom of speech it is really tricky when the government attempts to regulate the content of the speech, they have there is a ____ _____ for the government to meet.

They have a better chance of regulating speech in a content neutral manner. Meaning that they’re concerned about things like time, place and manner of the speech. That is how we intersect with _______. Where is this speech taking place?

Answer 6

high burden

zoning

Question 7

______ _______ – deemed protected “expression.”

Answer 7

Adult entertainment

Question 8

Adult entertainment - deemed protected “_______.”

Answer 8

expression

Question 9

Total prohibition has not been permitted.
What does this refer to?

Answer 9

Adult Entertainment - deemed protected “expression”

Question 10

Attempting to regulate the manner in which entertainment is presented, e.g., nude dancing, has been considered to be the regulation of the “_______” of expression.

Answer 10

content

Question 11

BUT, regulation has been permitted in order to address legitimate ________ _______.

Answer 11

SECONDARY EFFECTS

Question 12

Regulations on that expression have like clothing optional have been considered to be part of the regulation of that content. Adult entertainment has been successfully regulated because there are certain ________ _______.

Answer 12

secondary effects.

Question 13

__________ ________ might be of concern for those trying to determine where to zone adult entertainment establishments.

Answer 13

Secondary effects

Question 14

Not near a school don’t want to encourage high school students to observe or participate. Can be employed at age 14 in TN. Employment at food city not dancing. Not put it right next to the school. ______ ________ establishments are open at lunch we don’t want seniors to check themselves out for lunch and go to the adult entertainment establishment. Regulate based on proximity to certain things.

Answer 14

Adult Entertainment

Question 15

Bad things might occur in close proximity to adult entertainment establishments:
o Increased police calls to the area.
o Robbery
o Prostitution
o Drunk Driving – establishment that sells alcohol and most do.
o Rapes
o HUMAN TRAFFICKING – lot of people are not voluntarily engaging in prostitution. Sell of commercial sex and forced to do involuntarily.

A lot of ______ ______, courts have seen fit to regulate adult entertainment.

Answer 15

secondary effects

Question 16

Different jurisdictions approach ______ _______- in different ways.

Certain cities have districts. Red light district. Combat zone. Eight mile. Place you go for adult entertainment.
Jurisdictions feel like it is best if we put them in one place and we can anticipate the secondary effects and have a higher police presence to deal with these concerns. Maybe concentrate them within 5% of the cities land. All in one section.

Sometimes they are regulated in terms of not right next to the schools they are also not allowed to be in 500 feet of a residence or another regulated use. Idea being that we don’t want to put too many things next to each other that would cause a greater incidence of secondary effects.

Answer 16

adult entertainment

Question 17

1st Amendment and Zoning Signage

________: A Structure & An Expression
First Amendment Right of Free Speech

Includes written expression (signs)

Vs.

Zoning Power

Signs could clutter a neighborhood (lowering property values) or cause a safety hazard.

Answer 17

Signage

Question 18

People get upset when people take their signs down or alter their signs. Link between free speech and signs.

______ is conveying your message. How do signs deal with zoning? Make everything a mess. Zoning for aesthetic purposes and not beautiful when there are signs everywhere. Visual clutter. Could impact property values. Don’t want so many signs that we are impacting our property values. Also don’t want any safety hazards.

Electronic billboards where message changes – could be a safety issue. Ever stay at a traffic light to long? Wait it is coming back and people start honking.
Visual clutter, safety hazards. Figure out how to balance concerns with asthenic values of community and property values with protecting people’s right to free speech.

Answer 18

sign

Question 19

Zoning ordinance prohibiting signage at private residences and in the windows (other than “for sale” etc.) is struck down. This is an important means of _________.

Answer 19

expression

Question 20

Helpful to know who is your people and ______ are good from that standpoint. If my neighbor puts a _____ in his yard and I know he is a smart guy, and it is somehow related to things he is knowledge about I might stop and think about it.

Answer 20

signs

sign

Question 21

Example: marine corp. general – he knows things I will never know. When he retires if he puts up a sign in his yard that has to do with national security and defense, I know him. I value his opinion on those issues. You may not knock on their door but if they have a sign you may listen to what they say. True or False.

Answer 21

True

Question 22

Easy way to find out what somebody thinks is to see a sign in their window. The sign can do better than anything else the sign is not going to have to go to work or sleep and it is a message which can exist 24 hours a day. I would lose my voice if I stood out there and shared my voice about political topics. !!

Answer 22

!!

Question 23

The sign was important because a convenient and low-cost mechanism for speech that operated 24/7 and was personal to the individual in the home.

Free speech beats out ______ ______ and _____ ______.

Answer 23

traffic safety and visual clutter

Question 24

REASONS WHY REGULATING TO RESTRICT SINGLE FAMILY NEIGHBORHOODS IS PERMISSIBLE:
1. ?
2.
3.
4.

Answer 24

1. Quiet Place

Question 25

REASONS WHY REGULATING TO RESTRICT SINGLE FAMILY NEIGHBORHOODS IS PERMISSIBLE:
1.
2. ?
3.
4.

Answer 25

2. Yards are Wide

Question 26

REASONS WHY REGULATING TO RESTRICT SINGLE FAMILY NEIGHBORHOODS IS PERMISSIBLE:
1.
2.
3. ?
4.

Answer 26

3. People Few

Question 27

REASONS WHY REGULATING TO RESTRICT SINGLE FAMILY NEIGHBORHOODS IS PERMISSIBLE:
1.
2.
3.
4. ?

Answer 27

4. Motor Vehicles Restricted

Question 28

What is an example of when you would need a use variance?

Answer 28

zoned residential and you want to open a sandwich shop.

Single family to multi family home

Residential to commercial

Converting house to a business.

Urgent care in a residential.

Trying to change the way the property is used.

Question 29

What test must be satisfied to obtain a use variance?

Answer 29

Unnecessary or undue hardship Test

Question 30

How do you satisfy the test for a use variance?

Answer 30

No other reasonable use to which the property can be put.

Question 31

NAACP v. Township of Mount Laurel
* After WW II, industry, professionals, and retail businesses left the central cities. Thousands of jobs lost.
* The expensive automobile was critical to access jobs.
* Housing in the newly developing towns was more expensive.
* Therefore, the housing and jobs were out of reach for the poor.

What does this refer to?

Answer 31

Exclusionary Zoning

Question 32

Exclusionary Zoning
Techniques:
1. ?
2.
3.
4.
5.

Answer 32

Minimum housing cost (invalidated as having no legitimate basis)

Question 33

Exclusionary Zoning
Techniques:
1.
2. ?
3.
4.
5.

Answer 33

2. Minimum floor area

Question 34

Exclusionary Zoning
Techniques:
1.
2.
3. ?
4.
5.

Answer 34

3. Minimum lot size

Question 35

Exclusionary Zoning
Techniques:
1.
2.
3.
4. ?
5.

Answer 35

4. Minimum set back (same effect as minimum lot size)

Question 36

Exclusionary Zoning
Techniques:
1.
2.
3.
4.
5. ?

Answer 36

5. Barring mobile or manufactured housing

Question 37

If I am trying to accomplish something but zoning isn’t right what do I want to ask for? Quick answer is a ________. Want to think long term about how the property needs to be used and whether there is any anticipated growth in the use. _______ ________

Answer 37

variance

Zoning Amendment

Question 38

What is an example of an area variance?

Answer 38

You are supposed to be 20 feet from the road, and you want to be 17.5

Something numeric. Numerical aspects of the zoning code. 7 feet from the house next door. Not trying to change the way the property is used just how close it is.

Question 39

What test do you need to satisfy to get an area variance?

Answer 39

Practical Difficulties Test

Question 40

What is required to satisfy the test for an area variance?

Answer 40

To satisfy the practical difficulties test we need to show at least inconvenience.