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CHAPTER II - i?ND USE PERSPECTIVES OF ADULT OTER=IME.NT A. Authority to Regulate the Use of Property For those less experienced in matters relating to land use issues and zoning we. must begin with a brief examination of the evolution of these techniques. While the use of private property is a right protected by the United States Constitution, certain uses may be so detrimental that they must be controlled in order to protect the very right of the public to the enjoyment of their properties. The distinctionbetween public and private nuisances provided the foundation upon which modern land use regulation was built. During the first two decades of this century, zoning emerged as an accepted theory for restricting the use of private property without compensation for the taking of certain property rights. The essence of the theory of zoning was enunciated by the United States Supreme Court in Village of Euclid vs. Ambler Realty Co. (1926) The court held that zoning laws "must find their • justificacation in some aspect of the police power, asserted for the public welfare". The court further stated that an ordinance would be judged unconstitutional if, "such provisions are clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals or general. welfare." In order to enhance the viability and desirability of neighborhoods, techniques were then developed to separate incompatible land uses frau each other. The result produced social and economic benefits in the unity. • During the last 60 years of zoning, refinements of the original concept of dividing a city into districts began to emerge. Among these was the realization that certain uses may have unsafe or undesirable effects if concentrated in too -smalll of an area. One of the first groups of-these uses was the category of establishments which depended heavily on frequent ingress and egress of automobiles, a product of the era of drive-ins. In order to minimize conflicts with vehicular traffic it was considered desirable to separate auto service stations, drive-in restaurants and other similar establishments L.:..,1 one another. These establishments shnents were- also often considered incompatible with the principle of preserving and stabilizing residential neighborhood values. The concept of separation and buffering evolved as ordinances were enacted requiring either specific distances between these uses anti nearby residential zones, or the installation of walls and landscaping to reduce noise and to create an aesthetically pleasing appearance. Because of an ever-increasing public awareness of potential environmental damages resulting from a wide range of land uses, commercial and manufacturing activities are often severely restricted in both location and performance. Many commercial uses may be restricted by location, in relation to other uses, in relation to other zones or land-use groups, and with respect to operating, hours. For example the manufacture of dangerous or noxious substances are required to be distant from other sensitive areas, as are disposal sites for • waste materials and many other problem uses. Conflicts between uses are not limited only to physical characteristics of the land or business. They'may also be the result of social: concerns. It is well - 3 - March 2, 1988