Applying Spacing Restrictions in Error
Relevant Laws and Regulations - Every locality that has zoning and land use power enjoys a high degree of autonomy in setting community standards and in defining relevant terms in its ordinances. The primary resources that must be consulted are the state authorizing statutes and local ordinances, regulations, and other sources of policy that are in force in the political jurisdiction where the housing is to be located. Keep in mind that the Fair Housing Act, Americans with Disabilities Act, and other pieces of Federal legislation also apply.
Relevant Legal Precedents - Judgments from past court cases may set precedents for disputes involving Spacing Restrictions issues. For example, see Oconomowoc Residential Programs v. City of Milwaukee, 300 F.3d 775 (7th Cir. 2002). See also Larkin v. Michigan Dep't of Social Services, 89 F.3d 285 (6th Cir. 1996).
- Digest of Cases and Other Resources on Fair Housing for People with Disabilities, Bazelon Center for Mental Health Law (Updated 2004)
- The Siting of Group Homes for People with Disabilities and Children, pp. 15-19, National League of Cities (1999)
- NIMBY Risk Assessment and Decision Tree Tool
- Overview of NIMBY Decision Tree
- How is this Decision Tree Organized?
- Introduction to NIMBY Concepts
- Introduction to Intake and Risk Assessment Questionnaire
- Case Studies