Agenda - 11-25-1985 - Laserfiche WebLink

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4. I i - ' i 8-49 INCENTIVE ZONING 8.03[1] § 8.03 Constitutional and Other Legal Issues [i]-...Generally • In the landmark decision of�Uage of Euclid v.Ambler Realty Co.,1 , the United States Supreme Court established a general test to deter- mine the constitutionality of zoning ordinances. Under that test, a zoning ordinance which is shown to be clearly arbitrary and unrea- sonable, and to have no substantial relation to the public health, safety, morals or general welfare, will be declared invalid? Implicit . in Euclid is the principle that zoning is a legitimate method of .• protecting the general welfare, and.that the concept of "general - welfare" is continually•changing and growing.3 Although it is still too early to determine the validity of bonus zoning schemes," it . would appear that Such plans will be sustained because of their tendency to benefit the public welfare.5 1 272 US 365,47 S Ct 114,71 L Ed 303(1926). 2 272 US at 395. 3 Justice Sutherland stated(272 U.S. at 386-387)that: i __ "Building zone laws are of modern origin.They began in this country about twenty-five years ago.Until recent years,urban life was comparatively simple;but with the great increase and concentration of population, problems have devel- • oped,and constantly are developing,which require,and will continue to require, additional restrictions in respect of the use and occupation of private lands in ta. I - urban communities.Regulations,the wisdom,necessity and validity of which,as applied to existing conditions, are so apparent that they are now uniformly sustained,a century ago,or even half a century ago,probably would have been rejected as arbitrary and oppressive. Such regulations are sustained,under the i complex conditions of our day,for reasons analogous to those which justify traffic a I regulations, which, before the advent of automobiles and rapid transit street railways,would have been condemned as fatally arbitrary and unreasonable.And _ in this there is no inconsistency,for while the meaning of constitutional guaranties never varies,the scope of their application must expand or contract to meet the new and different conditions which are constantly coming within the field of their operation. In a changing world,it is impossible that it should be otherwise." fi . 4 See§ 8.02 supra for examples of bonus zoning plans. ., to be distinct front the s The "general welfare" has been judicially recognized traditional objectives of zoning legislation.which is the protection of public health, safety and morals.The expansion of the meaning of"general welfare" in terms of legitimate ace of the zoning power is illustrated by the increasingly favorable atti- tude of the courts toward zoning for aesthetic purposes. that is zoning to protect or enhance community appearance.See, e.g.. People v.Stover,12 NY2d 462,240 (Zoning Law) ■ - ( ' . _ z„!, £7y rte'.' .•� i-S�... 6.. -�.. r. ?.5.:� yr I; 1