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?

Question

​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?

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The Answer of ​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 Town of Gilchrist, Iowa, Has a Zoning Ordinance, in Effect

The Town of Gilchrist, Iowa, Has a Zoning Ordinance, in Effect