Legal Question in Business Law in California

Re: Government caps number of business types allowed

The city or county could have a general plan. If this is the case, you can try to get a variance. We can help you with this if you need further assistance.

Re: Government caps number of business types allowed

If you wish to challenge the zoning code, there may be various grounds. Call me directly at (619) 222-3504.

Re: Government caps number of business types allowed

The United States Supreme Court has addressed the issue of a city's zoning powers repeatedly. The decisions find that the "police power" of the state gives states and their subdivisions the power to place reasonable controls on the use of private land where the general public health and welfare so requires.

More recent decisions have expanded the power to regulate land use by zoning and similar means, i.e. to create historical districts where older buildings can't be removed, architecture must conform to certain standards, and so forth.

One of the frequently-employed constitutional tests is whether a questioned zoning law carries out a legitimate public purpose, and if so, whether it is "narrowly tailored" to achieve its objectives without interfering unduly in other private rights. Many decisions involve free speech issues (e.g., adult theaters) or church-and-state (e.g. may the state regulate the use of land for building and operating churches). These decisions have generally allowed zoning restrictions despite first amendment concerns.

It would be hard to evaluate the possible unconstitutionality of the laws your question refers to without reading the specific language and knowing the possibly-legitimate "public purpose" for which they were enacted. On the surface, it seems to me very possible that these ordinances go too far, and may unduly discriminate between similar businesses.

If you would like to send me the specific ordinances in question, along with any statements made by the city council or whatever in adopting them as to what their purpose is, I'll give you a further analysis, gratis.

Re: Government caps number of business types allowed

usually, we see these types of restrictions relative to "adult" oriented businesses. however, if the governmental entity has enacted the restrictive ordinance(s) for something that it can point to as a legitimate public purpose, chance are that the courts would not strike down the ordinance as unconstitutional. son't misunderstand, a lot of localities enact restrictive laws which DO get stricken down. however,these tend to be difficult and expensive fights. more facts are needed to more fully respond to your question in particular.

Re: Government caps number of business types allowed

Yes it is.