The town of Gilchrist, Iowa, has a zoning ordinance, in effect since 1935, that provides for a single-family home on a two-acre lot, a duplex on a three-acre lot, and excludes multifamily housing from all five zoning districts. Planned residential
developments (PRD) would be permitted to have multifamily structures. Gilchrist consists principally of single-family homes with the majority of its residents commuting to work in Des Moines. Toll Brothers, a residential home builder, has applied for approval for a permit to construct a multiunit housing complex primarily for low- to moderate-income families. The Gilchrist Board of Zoning has denied the application because of the density the multiunit housing would bring, in violation of the lot size restriction. Can Toll Brothers challenge the zoning plan successfully?
?The answer should focus on whether the large lot sizes and a prohibition on multi-unit housing satisfies the general welfare requirements necessary for all types of zoning regulation. In a case such as this, the town would have to be able to show that some health, safety, or morals issues are affected by having higher density housing. Full exclusion of a type of housing is difficult for courts to support.
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What will be an ideal response?
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