Podcast
Questions and Answers
What was the primary goal of the Moses Method?
What was the primary goal of the Moses Method?
What was the initial step Moses took when negotiating development projects?
What was the initial step Moses took when negotiating development projects?
Which critic argued that bulldozing was not an effective way to fix a city?
Which critic argued that bulldozing was not an effective way to fix a city?
What was one major result of public opposition to the Moses Method?
What was one major result of public opposition to the Moses Method?
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What did the Housing and Community Development Act of 1974 aim to accomplish?
What did the Housing and Community Development Act of 1974 aim to accomplish?
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What process did cities tend to follow when undergoing urban renewal?
What process did cities tend to follow when undergoing urban renewal?
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Which of the following was a key ingredient for successful urban development as noted in the content?
Which of the following was a key ingredient for successful urban development as noted in the content?
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How did the concept of urban renewal generally impact community perceptions?
How did the concept of urban renewal generally impact community perceptions?
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What must all town land use regulations adhere to according to Section 11(b)?
What must all town land use regulations adhere to according to Section 11(b)?
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What is the primary focus of Section 2 of the Wawayanda Comprehensive Plan?
What is the primary focus of Section 2 of the Wawayanda Comprehensive Plan?
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Under what circumstances may a proposed comprehensive plan or amendment be referred to the planning board?
Under what circumstances may a proposed comprehensive plan or amendment be referred to the planning board?
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Which of the following is NOT a major theme found in Section 2 of the Wawayanda Comprehensive Plan?
Which of the following is NOT a major theme found in Section 2 of the Wawayanda Comprehensive Plan?
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What triggers a court to review whether a challenged regulation conforms to the comprehensive plan?
What triggers a court to review whether a challenged regulation conforms to the comprehensive plan?
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What aspect does the town board provide intervals for regarding the adopted comprehensive plan?
What aspect does the town board provide intervals for regarding the adopted comprehensive plan?
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Which of the following does NOT contribute to the process of evaluating a challenged regulation according to the comprehensive planning guidelines?
Which of the following does NOT contribute to the process of evaluating a challenged regulation according to the comprehensive planning guidelines?
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Which element reflects the community's commitment to maintaining its rural character according to the Wawayanda Comprehensive Plan?
Which element reflects the community's commitment to maintaining its rural character according to the Wawayanda Comprehensive Plan?
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What is a nuisance per se?
What is a nuisance per se?
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Which type of nuisance primarily affects an entire community?
Which type of nuisance primarily affects an entire community?
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In a Private Nuisance case, the harm must be evaluated between which two aspects?
In a Private Nuisance case, the harm must be evaluated between which two aspects?
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Which of the following is an example of Nuisance in Fact?
Which of the following is an example of Nuisance in Fact?
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What can a Public Nuisance potentially violate?
What can a Public Nuisance potentially violate?
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What is required to prove a Public Nuisance?
What is required to prove a Public Nuisance?
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What was the claim made by Clark in Clark v. Wambold?
What was the claim made by Clark in Clark v. Wambold?
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Which type of nuisance does not require evidence to prove when the action is inherently damaging?
Which type of nuisance does not require evidence to prove when the action is inherently damaging?
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What is the primary function of a building permit?
What is the primary function of a building permit?
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Which of the following is emphasized by NY Town Law §272-a?
Which of the following is emphasized by NY Town Law §272-a?
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What does a comprehensive plan aim to achieve?
What does a comprehensive plan aim to achieve?
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Which of the following is NOT typically included in a comprehensive plan?
Which of the following is NOT typically included in a comprehensive plan?
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Why is public notice and participation important in the political process regarding land use?
Why is public notice and participation important in the political process regarding land use?
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What does the case law state about the plan in land use regulations?
What does the case law state about the plan in land use regulations?
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Which of the following best describes land use regulation?
Which of the following best describes land use regulation?
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What is indicated as one of the most important powers of local governments?
What is indicated as one of the most important powers of local governments?
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What is the definition of accessory use according to the NYC resolution?
What is the definition of accessory use according to the NYC resolution?
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According to Wawayanda Zoning Code, what happens to uses that are not deemed permitted, special permit, or accessory?
According to Wawayanda Zoning Code, what happens to uses that are not deemed permitted, special permit, or accessory?
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What must home occupations comply with in a single-family zoned neighborhood?
What must home occupations comply with in a single-family zoned neighborhood?
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Which technique is NOT mentioned as a method municipalities use concerning occupational uses of home and offices?
Which technique is NOT mentioned as a method municipalities use concerning occupational uses of home and offices?
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What is the maximum area that a home occupation can occupy within the ground floor according to the guidelines?
What is the maximum area that a home occupation can occupy within the ground floor according to the guidelines?
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How many employees, besides immediate family, are allowed to work in a home occupation?
How many employees, besides immediate family, are allowed to work in a home occupation?
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What can municipalities do regarding the renewal period for home occupations?
What can municipalities do regarding the renewal period for home occupations?
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What aspect of a church's use as a temporary homeless shelter was emphasized in the court's findings?
What aspect of a church's use as a temporary homeless shelter was emphasized in the court's findings?
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What is the main purpose of a comprehensive plan in relation to land use regulations?
What is the main purpose of a comprehensive plan in relation to land use regulations?
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Which of the following best describes the relationship between planning and zoning?
Which of the following best describes the relationship between planning and zoning?
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What could happen if a legislative body amends zoning laws inconsistently with enabling laws?
What could happen if a legislative body amends zoning laws inconsistently with enabling laws?
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What does spot zoning refer to?
What does spot zoning refer to?
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Under NYTL 272-a, which of the following is NOT considered a land use regulation?
Under NYTL 272-a, which of the following is NOT considered a land use regulation?
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If there is a discrepancy between municipal land use regulations and a comprehensive plan, what is the potential outcome?
If there is a discrepancy between municipal land use regulations and a comprehensive plan, what is the potential outcome?
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What does the term 'arbitrary and capricious' imply in land use decisions?
What does the term 'arbitrary and capricious' imply in land use decisions?
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Which of the following statements about zoning regulations is accurate?
Which of the following statements about zoning regulations is accurate?
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Study Notes
Historical and Ethical Underpinnings of Land Use
- Land use law encompasses all regulations affecting land use and development
- Important actors include lawyers, planners, civil engineers, architects, and public interest groups
- Influenced by economics, environment, technology, science, etc.
Evolving Ethics
- Silent Spring (1960s) articulated the long-term consequences of human impact on nature
- Village of Euclid v. Ambler established zoning as a tool to control land use, recognizing the concept of police power to protect community health, safety, and welfare; and introducing the idea of land use as a parasite
- Home rule gives local governments more latitude in creating land use laws
Nuisance & the Quest for Utopia
- Early American land use was largely unregulated and individualistic
- The progressive era (1870s-1920s) saw a transition toward more regulated land use
- The belief that cities are more suitable for certain uses rather than others became more prevalent and shaped early zoning regulations - that prompted the development of the "Garden City" movement.
3 Magnets & the Garden City
- Early 20th Century urban congestion and desires fueled a movement for decentralized living and closer communities with nature
- Howards envisioned a "Garden city" composed of three magnets: cities, towns and rural areas to combine the best of both natural and civic amenities
Nuisance
- Nuisance is determined by a "reasonableness test" balancing the hardship, social values, and suitability of the property involved
- Four types of nuisance:
- Nuisance per se: An always-undesirable act
- Nuisance in fact: An action that is not inherently a nuisance but becomes so under specific circumstances
Private Nuisance
- Private nuisance is specific to individuals, rather than affecting the general public
- This involves an unreasonable interference with the use and enjoyment of someone's property
Public Nuisance
- Public nuisance hurts a significant portion of the community or neighborhood
Historical and Ethical Underpinnings of Land Use
- Land Use Law regulates the full range of laws and regulations that affect land ownership and use
- Important parties include lawyers, planners, civil engineers, and architects.
Historical overview of land use
- Early land use was very unrestricted
- Between 1870's and 1920's Americans flock to cities and started developing ideas of how to organize urban land use with business districts, housing, and recreational areas
The City of Tomorrow
- Idea that cities were dying because of infrastructure is incorrect
- American cities experienced a dramatic transformation from deteriorating infrastructure, poor housing and employment to modern metropolis
Modern Origins of Land Use Law
- Early 20th-century urban planners like Ebenezer Howard and others advocated for the development of garden cities to address urban congestion.
- New towns were developed as refuge from congestion
Background & First Comprehensive Zoning
- New York City's introduction of comprehensive zoning reflects changing demands for city management and urban land use during that time
Legislative Authority of Local Governments
- The authority of local governments is limited to specific areas as dictated by state enabling acts or constitutional provisions (e.g. home rule)
Zoning Enabling Act
- Zoning is a valid use of state power as long as it is reasonable, protects the health, wealth, safety, and morals of the community, and is not a total prohibition of use.
Building Inspector/Zoning Enforcment Officer
- Building inspectors and zoning enforcement officers manage zoning codes within municipalities.
- Boards can make exceptions.
Comprehensive Plan
- The comprehensive plan is a document containing goals, objectives, principles, policies, and standards for the long-range development of the community
- Zoning must be in harmony with the plan, and any individual zoning rules must be evaluated on the standard of whether they have a sufficient relationship to the plan.
Minority Views
- Some states do not require a comprehensive plan to be adopted before zoning laws are established; the local zoning laws do not need to consistently align with the comprehensive plan
Case Law
- In cases of challenges to zoning regulations, courts generally presume the validity of zoning regulations; the challenger has the burden to prove the regulation is arbitrary/unreasonable.
Property Rights & Zoning
- Property owners have vested rights, but the municipality can regulate use if there is a valid justification to protect the health, safety, morals, and general welfare of the community (i.e., the police power)
- Property that has previously been used in a way that was permitted may become a nonconforming use if the zoning changes and the previously permitted use is not now allowed.
Nonconforming Uses
- Nonconforming uses are permitted despite the zoning changes, but development can be restricted to maintain compliance with current zoning requirements.
Amortization
- Amortization is the gradual phasing out of nonconforming land use
- Not all amortization plans are legally permitted
- Municipalities can enforce amortization; however the municipality must prove the amortization reasonably relates to public welfare
Accessory Uses
- Accessory uses are subordinate to, incidental to, and customarily found in connection with the principal use.
- They are intended to be consistent with the general zoning plan; for example, a private garage is an accessory to a dwelling.
Home Occupations
- Home-based businesses or professions are often permitted, provided they do not substantially alter the nature of the neighborhood.
- Rules for permitted home-occupation uses varied by municipality and zoning code.
Subdivision Controls
- Subdivision controls regulate the division of raw land into smaller lots and are intended to encourage an orderly development of the land.
Environmental Impact Reviews
- Local governments are increasingly responsible for regulating nonpoint source pollution in conjunction with their comprehensive plans
Wetlands, Floodplains, and Steep Slopes
- Local laws often regulate development around rivers, wetlands, or steep terrain in response to a recognized need to protect natural resources.
Variances
- Zoning Boards of Appeals will modify existing regulations to allow for specific exemptions from the conditions.
Exactions and Impact Fees
- Exactions and impact fees, such as building requirements or fees, are often necessary to cover the costs of infrastructure or other services related to development.
Other
- The court will uphold a rational zoning decision if it is in furtherance of a legit state interest
Vested Rights
- Vested rights of a landowner are established in various ways, including approved conditional zoning, and development agreements
Development Agreements
- These are contracts between the municipality and the developer
- They lay out the terms of the agreement
- They outline the rights and responsibilities of both parties
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Description
Explore the pivotal elements of the Moses Method and its impact on urban renewal. This quiz addresses key goals, criticisms, and legislative impacts surrounding urban development practices. Dive into the intricacies of community planning and public opposition as we examine historical strategies in urban design.
