Zoning: Wikis

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Zoning is a device of land use regulation used by local governments in most developed countries [1][2][3]. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another. Zoning may be use-based (regulating the uses to which land may be put), or it may regulate building height, lot coverage, and similar characteristics, or some combination of these.

Contents

Scope

Theoretically, the primary purpose of zoning is to segregate uses that are thought to be incompatible. In practice, zoning is used to prevent new development from interfereing with existing residents or businesses and to preserve the "character" of a community. Zoning is commonly controlled by local governments such as counties or municipalities, though the nature of the zoning regime may be determined or limited by state or national planning authorities or through enabling legislation[4]. In Australia, land under the control of the Commonwealth (federal) government is not subject to state planning controls. The United States and other federal countries are similar. Zoning and urban planning in France and Germany are regulated by national or federal codes. In the case of Germany this code includes contents of zoning plans as well as the legal procedure.

Zoning may include regulation of the kinds of activities which will be acceptable on particular lots (such as open space, residential, agricultural, commercial or industrial), the densities at which those activities can be performed (from low-density housing such as single family homes to high-density such as high-rise apartment buildings), the height of buildings, the amount of space structures may occupy, the location of a building on the lot (setbacks), the proportions of the types of space on a lot, such as how much landscaped space, impervious surface, traffic lanes, and parking must be provided. In Germany, zoning usually includes building design, very specific greenspace and compensation regulations. The details of how individual planning systems incorporate zoning into their regulatory regimes varies though the intention is always similar. For example, in the state of Victoria, Australia, land use zones are combined with a system of planning scheme overlays to account for the multiplicity of factors that impact on desirable urban outcomes in any location.

Most zoning systems have a procedure for granting variances (exceptions to the zoning rules), usually because of some perceived hardship caused by the particular nature of the property in question.

Basically, urban zones fall into one of five major categories: residential, mixed residential-commercial, commercial, industrial and special (e. g. power plants, sports complexes, airports, shopping malls etc.). Each category can have a number of sub-categories. In Germany, e. g., each category has a designated limit for noise immissions (not part of the building code, but federal immissions code). In the United States or Canada, for example, residential zones can have the following sub-categories:

  1. Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including: boarding houses, hotels, motels
  2. Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: apartment houses, boarding houses, convents, dormitories.
  3. Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including: buildings that do not contain more than two dwelling units, adult care facilities for five or fewer persons for less than 24 hours.
  4. Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants.

U.S.

Zoning regulations fall under the police power rights state governments may exercise over private real property.

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Origins and history

Special laws and regulations were long made, restricting the places where particular businesses should be carried on. In the 1860s a specific State statute prohibited all commercial activities along Eastern Parkway (Brooklyn), setting a trend for future decades.[citation needed]

In 1916, New York City adopted the first zoning regulations to apply city-wide as a reaction to construction of The Equitable Building (which still stands at 120 Broadway). The building towered over the neighboring residences, completely covering all available land area within the property boundary, blocking windows of neighboring buildings and diminishing the availability of sunshine for the people in the affected area. These laws, written by a commission headed by Edward Bassett and signed by Mayor John Purroy Mitchel, became the blueprint for zoning in the rest of the country, partly because Bassett headed the group of planning lawyers which wrote The Standard State Zoning Enabling Act that was accepted almost without change by most states. The effect of these zoning regulations on the shape of skyscrapers was famously illustrated by architect and illustrator Hugh Ferriss.

The constitutionality of zoning ordinances was upheld in 1926. The zoning ordinance of Euclid, Ohio was challenged in court by a local land owner on the basis that restricting use of property violated the Fourteenth Amendment to the United States Constitution. Though initially ruled unconstitutional by lower courts, the zoning ordinance was upheld by the U.S. Supreme Court in the 1926 case Village of Euclid, Ohio v. Ambler Realty Co.. In doing so, the Court accepted the arguments of zoning defenders that it met two essential needs. First, zoning extended and improved on nuisance law in that it provided advance notice that certain types of uses were incompatible with other uses in a particular district. The second argument was that zoning was a necessary municipal-planning instrument. By the late 1920s most of the nation had developed a set of zoning regulations that met the needs of the locality.[citation needed]

New York City went on to develop ever more complex set of zoning regulations, including floor-area ratio regulations, air rights and others according to the density-specific needs of the neighborhoods.

Among large populated cities in the United States, Houston is unique in having no zoning ordinances.[5] Houston voters have rejected efforts to implement zoning in 1948, 1962 and 1993. However, land use is still very much regulated in Houston: up until 1999, single-family homes (which includes 98% of all housing stock) had to occupy 5,000 square feet (460 m2) of land. Apartment buildings currently must have 1.33 parking spaces per bedroom, and 1.25 for each efficiency. Some have argued that this sort of regulation has similar effects as zoning, and therefore can be regarded as a sort of roundabout zoning.[6]

Zoning types in the United States

Zoning codes have evolved over the years as urban planning theory has changed, legal constraints have fluctuated, and political priorities have shifted. The various approaches to zoning can be divided into four broad categories: Euclidean, Performance, Incentive, and Design-based.

Euclidean

Named for the type of zoning code adopted in the town of Euclid, Ohio, and approved in a landmark decision of the U.S. Supreme Court, Village of Euclid, Ohio v. Ambler Realty Co.[7] Euclidean zoning codes are by far the most prevalent in the United States,[citation needed] used extensively in small towns and large cities alike.

Standard Euclidean

Also known as "Building Block" zoning, Euclidean zoning is characterized by the segregation of land uses into specified geographic districts and dimensional standards stipulating limitations on the magnitude of development activity that is allowed to take place on lots within each type of district. Typical types of land-use districts in Euclidean zoning are: residential (single-family), residential (multi-family), commercial, and industrial. Uses within each district are usually heavily prescribed to exclude other types of uses (residential districts typically disallow commercial or industrial uses). Some "accessory" or "conditional" uses may be allowed in order to accommodate the needs of the primary uses. Dimensional standards apply to any structures built on lots within each zoning district, and typically take the form of setbacks, height limits, minimum lot sizes, lot coverage limits, and other limitations on the "building envelope".

Euclidean zoning is utilized by some municipalities because of its relative effectiveness, ease of implementation (one set of explicit, prescriptive rules), long-established legal precedent, and familiarity to planners and design professionals.

However, Euclidean zoning has received heavy criticism for its lack of flexibility and institutionalization of now-outdated planning theory.

Euclidean II

Euclidean II Zoning uses traditional Euclidean zoning classifications (industrial, commercial, multi-family, residential, etc.) but places them in a hierarchical order "nesting" one zoning class within another similar to the concept of Planned Unit Developments (PUD) mixed uses, but now for all zoning districts; in effect, adding a third dimension to flatland Euclidean zoning.[8]

For example, multi-family is not only permitted in "higher order" multi-family zoning districts, but also permitted in high order commercial and industrial zoning districts as well. Protection of land values is maintained by stratifying the zoning districts into levels according to their location in the urban society (neighborhood, community, municipality, and region). Euclidean II zoning also incorporates transportation and utilities as new zoning districts in its matrix dividing zoning into three categories: Public, Semi-Public and Private. In addition, all Euclidean II Zoning permitted activities and definitions are tied directly to the state's building code, Municode and the North American Industry Classification System (NAICS) assuring statewide uniformity. Euclidean II zoning fosters the concepts of mixed use, new urbanism and "highest and best use"; and, simplifies all zoning classifications into a single and uniform set of activities. It is relatively easy to transition from most existing zoning classification systems to the Euclidean II Zoning system.

Performance

Also known as "effects-based planning", performance zoning uses performance-based or goal-oriented criteria to establish review parameters for proposed development projects in any area of a municipality. Performance zoning often utilizes a "points-based" system whereby a property developer can apply credits toward meeting established zoning goals through selecting from a 'menu' of compliance options (some examples include: mitigation of environmental impacts, providing public amenities, building affordable housing units, etc.). Additional discretionary criteria may also be established as part of the review process.

The appeal of performance zoning lies in its high level of flexibility, rationality, transparency and accountability.[citation needed] Performance zoning can avoid the sometimes arbitrary nature of the Euclidian approach, and better accommodates market principles and private property rights with environmental protection. However, performance zoning can be extremely difficult to implement and can require a high level of discretionary activity on the part of the supervising authority leading to the potential for disenfranchisement among negatively affected stakeholders.

Incentive

First implemented in Chicago and New York City, incentive zoning is intended to provide a reward-based system to encourage development that meets established urban development goals.[citation needed] Typically, a base level of prescriptive limitations on development will be established and an extensive list of incentive criteria will be established for developers to adopt or not at their discretion. A reward scale connected to the incentive criteria provides an enticement for developers to incorporate the desired development criteria into their projects. Common examples include FAR (floor-area-ratio) bonuses for affordable housing provided on-site, and height limit bonuses for the inclusion of public amenities on-site.

Incentive zoning allows for a high degree of flexibility, but can be complex to administer. The more a proposed development takes advantage of incentive criteria, the more closely it has to be reviewed on a discretionary basis. The initial creation of the incentive structure in order to best serve planning priorities can also be challenging and often requires extensive ongoing revision to maintain balance between incentive magnitude and value given to developers.

Form-based

Form-based codes offer considerably more flexibility in building uses than do Euclidean codes.

Form based zoning regulates not the type of land use, but the form that that land use may take. For instance, form based zoning in a dense area may insist on low setbacks, high density, and pedestrian accessibility among other things. As another example, in a largely suburban single family residential area, uses such as offices, retail, or even light industrial could be permitted so long as they conformed(setback, building size, lot coverage, height, and other factors) with other existing development in the area.

Form-based zoning relies on rules applied to development sites according to both prescriptive and potentially discretionary criteria. These criteria are typically dependent on lot size, location, proximity, and other various site- and use-specific characteristics.

Form based zoning also may specify desirable design features, however when form-based codes do not contain appropriate illustrations and diagrams, they have been criticized as being difficult to interpret.One example of a recently adopted code with design-based features is the Land Development Code adopted by Louisville, Kentucky in 2003. This zoning code creates "form districts" for Louisville Metro. Each form district intends to recognize that some areas of the city are more suburban in nature, while others are more urban. Building setbacks, heights, and design features vary according to the form district. As an example, in a "traditional neighborhood" form district, a maximum setback might be 15 feet (4.6 m) from the property line, while in a suburban "neighborhood" there may be no maximum setback.

Since the concept of form based codes is relatively new, this type of zoning may be more challenging to enact.

One version of form-based or "form integrated" zoning utilizes a base district overlay method or "composite" zoning. This method is based on a euclidian framework and includes three district components - a use component, a site component and an architectural component. The use component is similar in nature to the use districts of euclidian zoning. However, with an emphasis on form standards, use components are typically more inclusive and broader in scope. The site components define a variety of site conditions from low intensity to high intensity such as size and scale of buildings and parking, accessory structures, drive-through commercial lanes, landscaping, outdoor storage and display, vehicle fueling and washing, overhead commercial service doors, etc. The architectural components address architectural elements and materials. This zoning method is more flexible and contextually adaptable than standard euclidian zoning while being easier to interpret than other form based codes. It has been utilized primarily for contemporary "conventional" standards and has not yet been fully developed for traditional standards.

U.K.

Development control or planning control is the element of the United Kingdom's system of town and country planning through which local government regulates land use and new building. It relies on the "plan-led system" whereby development plans are formed and the public consulted. Subsequent development requires planning permission, which will be granted or refused with reference to the development plan as a material consideration.

There are 421 Local Planning Authorities (LPAs) in the United Kingdom. Generally they are the local borough or district council or a unitary authority. Development involving mining, minerals or waste disposal matters is dealt with by county councils in non-metropolitan areas. Within national parks, it is the National Park Authority that determines planning applications.

Australia

The legal framework for land use zoning in Australia is established by States and Territories, hence each State or Territory has different zoning rules. Land use zones are generally defined at local government level, and most often called Planning Schemes.

State / Territory Planning Framework Land Use regulation
ACT Territory Plan 2008 Land Use Policy
NT Planning Act Planning Scheme
NSW Environmental Planning and Assessment Act 1979 Local Environmental Plans (LEP)
QLD Integrated Planning Act 1997 Planning Schemes
SA Development Act 1993 Development Plan
TAS Land Use Planning and Approvals Act 1993 Planning Schemes
VIC Planning and Environment Act 1987 Planning Schemes
WA Planning and Development Act 2005 Planning Schemes

Statutory planning otherwise known as town planning, development control or development management, refers to the part of the planning process that is concerned with the regulation and management of changes to land use and development.[9]

New Zealand

New Zealand's planning system is grounded in effects-based Performance Zoning under the Resource Management Act.

See also

References

  1. ^ E.g., Lefcoe, George, "The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union" (April 2005). USC Law, Legal Studies Research Paper No. 05-12; and USC Law and Economics Research Paper No. 05-12. Available at SSRN or [10.2139/ssrn.10.2139/ssrn.712801 DOI]
  2. ^ Town and Country Planning Act 1990
  3. ^ http://www.bmvbs.de/
  4. ^ E.g., Maryland Code Article 66B, § 2.01(b) grants zoning powers to the City of Baltimore, while § 2.01(c) limits the grant of powers.
  5. ^ Houston Chronicle, 12-10, 2007
  6. ^ Planetizen
  7. ^ 272 U.S. 365, 71 L.Ed. 303, 47 S.Ct. 114 (1926).
  8. ^ Euclidean II Zoning
  9. ^ Gleeson B. and Low N., Australian Urban Planning: New Challenges, New Agendas, Allen & Unwin, St Leonards, 2000.

Further reading

  • Bassett, E.M. The master plan, with a discussion of the theory of community land planning legislation. New York: Russell Sage foundation, 1938.
  • Bassett, E. M. Zoning. New York: Russell Sage Foundation, 1940

External links


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