Not In My Backyard (NIMBY)
Not In My Backyard (NIMBY) NIMBY is an acronym for the phrase not in my back yard. The term is used to describe opposition by residents to a proposal for a new development close to them. Since the late 1970s, the Not In My Backyard (“NIMBY”) phenomenon has become a challenge for urban planners, policymakers, developers and regulators. NIMBYism characterizes a negative social response to LULUs.
Controversial Land Uses (LULUs) hazardous waste treatment and disposal facilities recycling centers and transfer stations landfills and incinerators wastewater treatment plants junkyards airports half-way houses/sober houses/residential treatment facilities correctional facilities homeless shelters.
The Sitting Problem NIMBY (not in my backyard)
⦁ NIMBY (not in my backyard)
⦁ NIMFYE (not in my front yard either)
⦁ LULU (locally unwanted land uses)
⦁ BIYBYTIM (better in your backyard than mine)
⦁ BANANA (Build absolutely nothing at all near anybody)
⦁ NIMTOF (Not in my term of office) NIMTOF (Not in my term of office)
⦁ Environmentalism versus Environmental Industrial Heavy Industrial Pollution
⦁ Environmentalism — NOPE (not on planet earth)
Locally Unwanted Land Use
Your Choice, Your Voice, Your Community Lifestyle & Wellness
Controversial 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 Religious 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