Delegation of Power and Function in Zoning Administration


This Article began as an investigation of delegation of power doctrine as it has been applied to the standards used in zoning ordinances. In the face of the decreasing importance of delegation problems, this constitutional prohibition is invoked more than occasionally to invalidate zoning ordinances which either lack standards, or which contain inadequate standards. Enough cases raising the delegation issue continue to be decided to present a prima facie case for investigation. This Article focuses on delegation problems in order to explore the control of arbitrary decision-making under zoning ordinances. It will begin with a critique of variances and exceptions, and move on to a consideration of modern techniques that have achieved more flexibility, often by adapting amendment processes. Finally, some insights will be attempted into the underlying framework of zoning administration.


Delegation of powers, Zoning



Daniel R. Mandelker (Washington University School of Law)



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