HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Any zoning law experts ar...
Introducing Discussionist: A new forum by the creators of DU

Tue Jul 31, 2012, 06:32 PM

Any zoning law experts around?

So not that I know much about it, but over the last few days I've done some research because of the claims I keep seeing here that you could restrict the opening of a given business if you didn't like the views of the CEO. Chick-fil-a or whatever it's called being the business people wanted to restrict.

I find no evidence that trying to do so would be lawful in any city or state, but I find all this Euclidian zoning etc, confusing.

8 replies, 967 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 8 replies Author Time Post
Reply Any zoning law experts around? (Original post)
cali Jul 2012 OP
elleng Jul 2012 #1
2on2u Jul 2012 #2
ewagner Jul 2012 #3
patrice Jul 2012 #5
Yo_Mama Jul 2012 #4
ProgressiveProfessor Jul 2012 #6
trof Jul 2012 #7
cali Jul 2012 #8

Response to cali (Original post)

Tue Jul 31, 2012, 06:38 PM

1. Unlikely, but . . .

would take some fancy writing.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cali (Original post)

Tue Jul 31, 2012, 06:38 PM

2. Quite a few less since they closed down the MJ clinics. n/t

 

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cali (Original post)

Tue Jul 31, 2012, 06:40 PM

3. Former planner here...

No. You can't keep a business out unless you can prove that it is detrimental to the community...e.g. Strip Clubs can be zoned out NOT because of the acts of stripping itself but because of the noise, traffic, crime and peripheral businesses that could impact the community.

Chick-fil-a has grounds for a lawsuit.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to ewagner (Reply #3)

Tue Jul 31, 2012, 06:44 PM

5. And even if you can show that it is detrimental, you still have to run a petition of those affected?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cali (Original post)

Tue Jul 31, 2012, 06:43 PM

4. That falls outside zoning

The constitutional protections for free speech bar governments from engaging in viewpoint discrimination. Thus, even if one passed a law creating a "Rainbow zone", it would be unconstitutional.

Private entities are not forbidden from such exercises, so a privately owned mall could exclude businesses under such a charter. That's why homeowners' associations can do things that the government cannot.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cali (Original post)

Tue Jul 31, 2012, 06:58 PM

6. IF you allow fast food in the area, stopping one brand but allowing others is next to impossible

Kind of like mosques...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to cali (Original post)

Tue Jul 31, 2012, 07:00 PM

7. Not likely as such.

Zoning laws generally cover broad categories.
We have an 'adult toys' store in our town that is roundly hated by many citizens and the town government. But they comply with the district zoning law.
(Neighboring businesses have erected (pun intended ) tall fences so patrons won't see the offending store.


What cities can do is use bureaucracies to greatly s-l-o-w the process for a business's license application, construction approval, etc., etc.
They can implement restrictions on certain kinds of business.
"No alcoholic beverage sales within ____ feet of a church or school."
(Aside: I'm not sure if these ordinances would stand up to the constitutional test if someone wanted to challenge them.)

Many time this makes the establishment of a business cost and time prohibitive.

Was this any help?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to trof (Reply #7)

Tue Jul 31, 2012, 07:03 PM

8. Thanks everyone

appreciate the help.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread