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Thread: Is it legal to completely prohibit ...

  1. #1
    Cyburbia Administrator Dan's avatar
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    Is it legal to completely prohibit ...

    Day labor centers?
    Pawn shops?
    Roadside vendors?
    Truck stops and travel centers?
    Mobile home sales?
    Recreational vehicle sales?
    Heavy equipment sales and rental?
    Auto auctions?
    Plasma centers?
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

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    Corn Burning Fool giff57's avatar
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    Is it legal to completely prohibit ...

    The way I understand the case law...I don't think you can completely prohibit anything (provided that the activity is not already illegal). If it is a legitimate business, you can regulate it, but not ban it.

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    Cyburbia Administrator Dan's avatar
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    Re: Is it legal to completely prohibit ...

    Originally posted by giff57
    The way I understand the case law...I don't think you can completely prohibit anything (provided that the activity is not already illegal). If it is a legitimate business, you can regulate it, but not ban it.
    I've heard that too -- but how does that explain municipalities with no non-residential zoning, or with no heavy industry? I know you can't ban sexually oriented or CMRS facilities. However, if some municipalities don't have provisions for oil refineries, glue factories or smelters in their zoning codes, the logic seems to be that some other "legitimate businesses" can be banned.
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

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    Corn Burning Fool giff57's avatar
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    Re: Re: Is it legal to completely prohibit ...

    Originally posted by Dan Tasman


    However, if some municipalities don't have provisions for oil refineries, glue factories or smelters in their zoning codes, the logic seems to be that some other "legitimate businesses" can be banned.
    Sticking with my way of thinking about it, it is probably because they have not been challenged. Another reason the Adult uses are different is there is no "freedom of speech" issue in siting a glue factory. It is easier for those type of uses to go to a city that has already zoned its poor minority neighborhoods to heavy industrial.

  5. #5
    NIMBY asshatterer Plus Richmond Jake's avatar
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    Things are clearly different outside of California--in each jurisdication that I have worked, if the use was not listed as allowed as a matter of right or allowed subject to the approval of a conditional use permit, the use was prohibited. For instance, nuclear power plants were not listed in the zoning ordinances of two of my former working environments so we concluded they were not permitted.

  6. #6
    Cyburbian
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    The way I see it, if a use is not listed and permitted as of right, it is not necessarly prohibited. What it means is that the use, once proposed on a parcel, will have to be addressed on its own merits for appropriateness. Then one basically ends up with a site specific situation. Unless it is written somewhere that it is not permitted, there is still an opportunity to to introduce the use.

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    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    Permissive or Restrictive Zoning?

    My read of zoning ordinances is that there a 3 types:

    Permissive: Lists all uses permitted, and those not permitted (by right, Conditional Use, Special Exception) are prohibited.

    Restrictive: Lists all uses not permitted, all those not listed are permitted.

    Hybrid: A combination of uses permitted and prohibited are listed....making interpretation of the ordinance a nightmare.
    "Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund

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