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<br />. <br /> <br />j. <br /> <br />e <br /> <br />e <br /> <br />2Zoning <br /> <br />Adoption of zoning ordinances. Today almost all cities with populations in excess of 10,000 have <br />enacted comprehensive zoning ordinances. governing the utilization of land located within corporate <br />limits. Many states have enacted legislation that provides that the use of land located within one to three <br />miles of an incorporated area must receive the approval and consent of the incorporated area, even if <br />the property is not adjacent to the village, town or city. <br /> <br />Zoning ordinances must not violate the rights of the individuals and property holders (as orovided under <br />the due orocess orovisions of the Fourteenth Amendment of the U.S. Constitution) or the various <br />provisions of the state constitution of the state in which the real estate is located. If the means used to <br />regulate the use of property are destructive, unreasonable, arbitrary or confiscatory, the legislation is <br />usually considered void. Tests commonly applied in determining the validity of ordinances require that: <br /> <br />1. the power be exercised in a reasonable manner; <br />2. the provisions be clear and specific; <br />3. the ordinance be free from discrimination; <br />4. the ordinance promote public health, safety and general welfare under the police power <br />concept; and <br />5. . the ordinance apply to all property in a similar manner. <br /> <br />2Modern Real Estate Practice @1991 Page 261 <br />Fillmore W. Galaty, Wellington J. Allaway, Robert C. Kyle <br />Library of Congress Catalog KF2042.R4G34 1990 346.7304'37-dc20{347.306437) <br />