Land Uses
Land use is the characterization of land based on what can be built on it and what the land can be used for. It’s determining what sort of community, environment or settlement can be used on a specific type of land. One definition of land use is “the total of arrangements, activities and inputs that people undertake in a certain land cover type.” It’s important to note that land use and zoning are not the same. Where land use is the way that people adapt land to suit their needs, zoning is how the government regulates the land.
Understanding Controversial Land Use Specifics
Your Choice, Your Voice, Your Community Lifestyle & Wellness
Contentious Land Uses (LULUs) pain clinics/pill mills adult arcades/adult internet cafes/gaming big boxes/formula retail pawn shops check cashing/pay day lenders package liquor stores bars/nightclubs group homes First Amendment Uses Adult Realigious Signs Tattoo parlors
Zoning Regulations — Generally, zoning laws will contain a provision, which states that uses not listed as allowed are prohibited. However, some uses have been given special status due to court decisions or state or federal law. Can we deny an application based on community opposition? If allowed by zoning, and requirements are met by the applicant, general community opposition is not a valid basis for denial of a land use application. Quasi-Judicial Matters Constitutionally Protected Uses Local governments may be preempted from denying certain uses
Regulating Locally Unwanted Land Uses . . . Generally Regulation of most uses through local government zoning and land use authority is subject to rational basis review If regulation is not unreasonable, arbitrary or capricious, it will be upheld Fairly debatable standard favors the local government decision Regulation is presumed constitutional
42. Rational Basis Standard and Local Government Regulation of Unwanted Land Uses Applies to many types of unwanted land uses that are not subject to: greater protection under U.S. Constitution (“protected uses”) For certain uses, statutory preemption applies