Quote:
Originally Posted by JK47
Zoning law is enshrined at the Federal level via a series of Supreme Court cases interpreting the 14th Amendment regarding regulatory takings. Zoning regulations may diminish the economic return on the property (which must be certain, not speculative). That is permissible. What isn't permissible is destroying the economic viability of the property or making it impossible to develop (e.g. requiring a 75 foot deep residential lot to have 100 foot setbacks for any structure built).
That won't change. However, that problem is true throughout the country. Chicago is hardly alone in aggressively applying zoning regulations to advance urban land use concepts.
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You’re right that zoning in general is recognized as a legitimate form of regulation, but “spot zoning” has been shot down in the courts before. My impression is that it’s usually been referenced in the context of a parcel’s zoning being overly-permissive relative to its neighbors’, and I’m not a legal expert, but I could imagine it being referenced in the opposite case (e.g., inconsistent downzoning). Just one look at the zoning map confirms we got a lot of spot zoning going on, so I worry that we’re just one court case away from some radical changes to how zoning is done in this city.