The Nature of Discretionary Controls
- Introduction
- The Meaning of Discretion
- Limited Discretion Under Traditional Zoning
- Abuses of Discretion
- The Current Debate Over Rules Versus Standards in
Regulation
- Considerations in Utilizing Rules and Standards
- Constitutional Limitations on the Exercise of
Discretion by Administrative Bodies
- The "Takings Clause" and Discretionary
Exactions
- The New "Rough Proportionality" Test
for Discretionary Exactions
- Limitation on Legislative Discretion
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Variances
- Introduction
- Function of Variance
- Board of Adjustment - Authority and Procedure
- Specter of Abuse
- Use Variance and Area Variance - the Difference
- Use Variance Prohibited
- The "Unnecessary Hardship" Standard
- The "Practical Difficulties" Standard
- Self-Created Hardship
- Who is Entitled to Apply for a Variance?
- A Variance Runs with the Land
- Variances and Nonconforming Uses
- Conditions on Variances
- Time Limits on Variances
- Variances Made Subject to Neighbors' Consent
- Practice Tips
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Special
Use Permits
- Introduction
- Definition and Purpose
- Purpose
- Administrative Decision-Making Procedure
- Decision-Making Authority Reserved by the
Legislative Body
- Burden of Proof
- Extent of Discretion to Deny Special Use
- Findings of Fact Required
- Approval Standards
- Conditions Imposed Upon Special Use Permits
- Practice Tips
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The
Floating Zone
- Introduction
- Definition
- Purpose
- Floating Zone - Legality
- Floating Zone - Procedural Posture
- Floating Zone - Compliance with Conditions
- Floating Zone - Reverter Provision
- Practice Tips
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Site Plan
Review
- Introduction
- Definition of Site Plan Review
- Proper Scope of Site Plan Review
- Legal Authority for Site Plan Review
- Can Conditions Be Imposed?
- Procedural Requirements
- Principles for Drafting a Site Plan
Review/Approval Process
- Site Plan Review Standards
- Practice Tips
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Planned Unit
Developments
- Introduction
- Purposes of Planned Unit Developments
- Statutory Definitions of Planned Unit
Developments
- Constitutionality of Technique
- Effect of PUD on Comprehensive Plan
- Proper Delegation of Authority to Approve PUDs
- Validity of Mandatory PUD Districts
- Proper Procedural Steps
- The Specter of Contract Zoning
- Process-Based PUD Versus Standards-Based PUD
- Approval of PUD as Zoning District or a
Conditional Use
- Regional Planned Unit Development
- Essential Provisions of a PUD Ordinance
- Practice Tips
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Contract/Conditional
Zoning and Development Agreements
- Introduction
- The Difference Between Contract Zoning and
Conditional Zoning
- Contract Zoning - The Debate over Validity
- Contract Zoning - Methods of Implementing
- Conditional Zoning - Noncompliance
- Development Agreement - An Antidote for the
Vesting Problem
- Development Agreement - Common Statutory Purposes
- Development Agreement - Key Provisions
- Development Agreement Challenge - Initiative and
Referendum
- Development Agreement - Government Noncompliance
- Development Agreement and Takings Claims
- Practice Tips
- Development Agreements Statutes
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Design
Review
- Introduction
- Aesthetics in Land Use Regulation
- Varying Objectives of Design Review
- Legal Problems with Design Review
- Is "Process" the Antidote for
Subjectivity in Aesthetic Review?
- Can Design Review Standards That Give Clear
Guidance Be Written?
- Principles for Drafting Design Review Standards
and Guidelines
- Example of Design Review Guidelines
- Practice Tips
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