zoning

(civil engineering) Designation and reservation under a master plan of land use for light and heavy industry, dwellings, offices, and other buildings; use is enforced by restrictions on types of buildings in each zone.
(crystallography) A variation in the composition of a crystal from core to margin due to a separation of the crystal phases during its growth by loss of equilibrium in a continuous reaction series.
(electromagnetism) The displacement of various portions of the lens or surface of a microwave reflector so the resulting phase front in the near field remains unchanged. Also known as stepping.

Government (usually municipal) laws that control the use of land within a jurisdiction.

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Zoning areas may be classified as residential, commercial, farming, and so forth.

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Legislative action, usually on the municipal level, that divides municipalities into districts for the purpose of regulating the use of private property and the construction of buildings within the established zones. Zoning is part of the state Police Power, and therefore must be for the furthering of the health, morals, safety, or general welfare of the community.

A legal mechanism for local governments to regulate the use of privately owned Real Property by specific application of Police Power to prevent conflicting land uses and promote orderly development. All privately owned land within the jurisdiction is placed within designated zones that limit the type and intensity of development permitted. See Zone.
Example: Before a Tract of land may be developed, the intended use must be permitted under the existing zoning classification. If the proposed use is not permitted, the developer must apply for an amendment to the Zoning Ordinance or for rezoning. Such amendments are granted by the local governing body, generally following a public hearing and recommendation from the Planning Commission.

Is the process by which a local government regulates the use of privately owned land within its jurisdiction. A municipality or county usually derives authority to engage in zoning from an enabling statute adopted by the state legislature. The enabling statute constitutes a delegation of the state's police power to regulate land use to promote the public welfare. Under this authority, the local legislative body, such as the city council, enacts a comprehensive zoning scheme by which the entire community is carved into discrete sections or zones. Certain uses are allowed in each zone. For example, only residences may be permitted in one area, whereas factories may be authorized elsewhere.

Predicated on traditional principles of common‐law nuisance, zoning became popular early in the twentieth century. Nonetheless, the notion of zoning was not uncritically embraced by the judiciary. State courts initially disagreed as to whether zoning ordinances were constitutional, and the decisions conflicted regarding the validity of excluding certain uses from certain areas. Debate centered on questions of due process, equal protection, and taking private property without just compensation. Ultimately, the constitutionality of zoning as a land‐control device was sustained by the Supreme Court in the seminal case of Euclid v. Ambler Realty Co. (1926).

Notwithstanding the Euclid decision, many aspects of zoning required refinement and further judicial scrutiny. The fundamental problem was that, although a zoning scheme might be reasonable in general terms, it could have an inappropriately harsh impact on certain parcels of land. The Supreme Court recognized this possibility in Euclid and in the subsequent case of Nectow v. City of Cambridge (1928) actually found a zoning ordinance unconstitutional as it applied to a specific tract. Nectow was the forerunner of much of our modern zoning litigation; today, landowners frequently assert that a local zoning ordinance is invalid with respect to a particular parcel of property.

A local legislative body may rezone to correct deficiencies in its original zoning scheme. Furthermore, zoning ordinances contain administrative mechanisms designed to fine‐tune the general scheme and thereby avoid disparate impact on landowners in the community. An administrative agency, such as a board of zoning appeals, is generally authorized to grant variances when the zoning scheme produces “unnecessary hardship” on individual landowners. The same body also has the power to grant conditional‐use permits for which provision has been made in the ordinance itself. Moreover, nonconforming uses that antedate the zoning ordinance are permitted to continue.

Since the mid‐twentieth century, the zoning concept has been utilized in novel ways to address various urban and suburban problems. Regulating land use to promote aesthetic values, to preserve landmarks or historical districts, and to manage growth are a few examples. These modern adaptations have often been challenged, and after 1970 a number of land‐use regulation cases reached the Supreme Court.

During this period, the Court frequently considered whether certain zoning or related action by a local government exceeded its regulatory authority and constituted taking property without compensation. In Penn Central Transportation Co. v. City of New York (1978), the city employed a landmark preservation ordinance to prevent construction of an office building over Grand Central Terminal. The Supreme Court upheld the constitutionality of this action, noting that under the ordinance the landowner could still make reasonable use of the premises and could transfer development rights to other parcels. Conversely, in Lucas v. South Carolina Coastal Commission (1992), the Court held that (absent state nuisance or property law dictating a contrary result) an uncompensated “per se” taking occurred when a state statute forbidding any significant development on two oceanfront building lots eliminated “all economically beneficial use” of those parcels.

The Court also addressed a vexing question regarding remedies available to an aggrieved landowner. In First English Evangelical Lutheran Church of Glendale v. County of Los Angeles (1987), the Court recognized the right of a landowner to obtain compensation for the temporary taking of property that may result from the adverse impact of an ordinance ultimately declared invalid. However, in Tahoe Sierra Preservation Council v. Tahoe Regional Planning Agency (2002), the Court concluded that building moratoria do not amount to per se takings for the duration that they are in place.

Notwithstanding such Supreme Court decisions, it remains difficult to ascertain when a land‐use regulation constitutes a permanent or temporary taking. Hence, the regulation/taking controversy continues.

Bibliography

• Daniel R. Mandelker, Land Use Law, 5th ed. (2003)

— Jon W. Bruce

Zoning is the process whereby public authorities use whatever powers they have of controlling land-use in order to separate and concentrate different economic functions. Typically, they create residential, industrial, commercial, retail, and agricultural zones. Public authorities with powers over land-use almost invariably practise zoning in the belief that such policies produce better aggregate effects than an unzoned free market in land. For example, the belief that factories and dwellings should be kept apart is almost universal and has its roots in the traumas of early industrialization.

In many countries, such as Britain, zones are merely broad and flexible policies for land-use. But in the United States, zoning has acquired a much more precise legal status. Arising, originally, out of the desire to keep Chinese laundries out of ‘white’ residential areas in San Francisco in the 1880s, the legal propriety of zoning was confirmed by the Supreme Court in the case of City of Euclid v. Amber Realty Company 1926 and, with a few exceptions (of which Houston is the largest), most American cities have used zoning ordinances since. Zones usually distinguish densities of residence as well as uses. However, zoning goes to the limits of tolerance of the constitution, especially of the protection of property rights in the Fifth and Fourteenth Amendments, and forms of zoning, including agricultural and undeveloped zones, have been declared to be ‘confiscatory’ and, therefore, unconstitutional. The history of American zoning has been a long conflict, largely taking place in the courts, between public authorities and environmentalists, who want to expand the powers of ordinances, and property owners and conservatives, who want to restrict them.

— Lincoln Allison

For more information on zoning, visit Britannica.com.

The control by a municipality of the use of land and buildings, the height and bulk of buildings, the density of population, the relation of a lot’s building coverage to open space, the size and location of yards and setbacks, and the provision of any ancillary facilities such as parking. Zoning, established through the adoption of a municipal ordinance, is a principal instrument in implementing a master plan.

The separation or division of a municipality into districts, the regulation of buildings and structures in such districts in accordance with their construction and the nature and extent of their use, and the dedication of such districts to particular uses designed to serve the general welfare.

Zoning, the regulation of the use of real property by local government, restricts a particular territory to residential, commercial, industrial, or other uses. The local governing body considers the character of the property as well as its fitness for particular uses. It must enact the regulations in accordance with a well-considered and comprehensive plan intended to avoid arbitrary exercise of government power. A comprehensive plan is a general design to control the use of properties in the entire municipality, or at least in a large portion of it. Individual pieces of property should not be singled out for special treatment. For example, one or two lots may not be placed in a separate zone and subjected to restrictions that do not apply to similar adjoining lands.

Zoning ordinances divide a town, city, village, or county into separate residential, commercial, and industrial districts, thereby preserving the desirable characteristics of each type of setting. These laws generally limit dimensions in each zone. Many regulations require certain building features and limit the number and location of parking and loading areas and the use of signs. Other regulations provide space for schools, parks, or other public facilities.

Zoning helps city planners bring about orderly growth and change. It controls population density and helps create attractive, healthful residential areas. In addition, zoning helps assure property owners and residents that the characteristics of nearby areas will remain stable.

In some states a municipality has the right to be heard on proposed zoning in an adjoining community. Courts have upheld this so-called extraterritorial zoning as an exercise of the police power of the state, with the goal of serving the general welfare of both communities and creating harmony among the uses of a given area, without regard to political boundaries.

Following the lead of New York City, which passed the first major zoning ordinance in 1916, most urban communities throughout the country have enacted zoning regulations.

Zoning is not merely the division of a city into districts and the regulation of the structural and architectural designs of buildings within each district. It also requires consideration of future growth and development, adequacy of drainage and storm sewers, public streets, pedestrian walkways, density of population, and many other factors that are within legislative competence.

Building codes, which govern the safety and structure of buildings, do not contradict zoning ordinances, but exist side by side with them. Both rest on the police power: zoning stabilizes the use of property, and building codes ensure the safety and structure of buildings. Zoning is intended to have a relative permanency, whereas building codes are much more flexible because they must keep abreast of new materials and other technological advances.

Municipalities have power to zone property only if a state grants it by statute or it is derived from constitutional provisions. Zoning ordinances must be reasonable because by their nature they restrain the use of property that the owners could otherwise use as they chose. The landowner cannot complain as long as the power to zone is used in the public interest and for the general welfare of the community impartially and without compensation.

The regulations must meet the demands of the constitutional prohibition against taking private property for public use without just compensation as mandated by the Fifth and Fourteenth Amendments to the U.S. Constitution as well as by the constitutions of the states. The U.S. Supreme Court decided three cases that have had considerable impact in this area: Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S. Ct. 2886, 120 L. Ed. 2d 798 (1992), Lujan v. National Wildlife Federation, 497 U.S. 871, 110 S. Ct. 3177, 111 L. Ed. 2d 695 (1990), and Dolan v. City of Tigard, 512 U.S. 374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994). The decisions made it more difficult for municipalities to require that land developers give up part of their property for public purposes, such as access to lake shores, sidewalks, access roads, and parks. If the government needs the land, it must compensate the owner by exercising its power of eminent domain and condemning the property.

Courts have held that a zoning regulation is legal or valid if it is reasonable and not arbitrary and bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare and if the means employed are reasonably necessary for the accomplishment of its purpose. An ordinance is invalid if its enforcement will preclude use of the property for any purpose to which it is reasonably adapted. In determining whether a regulation is reasonable, no single factor is controlling. Those factors normally considered are need for the adoption, the purpose, location, size, and physical characteristics of the land, and the character of the neighborhood. Also considered are the effect on the value of property, the amount by which property values are decreased, the notion of the general welfare (that is, what is best for the community at large), and the density, population, and aesthetics of the area. Traffic, use of nearby land, and length of time the property has been vacant are also relevant.

An ordinance that is reasonable when enacted may prove to be unreasonable, and hence may be set aside by a court, if circumstances have changed. Zoning regulations must promote the good of all the people in the community rather than further the desires of a particular group, and the power cannot be invoked to further private interests that conflict with the rights of the public. Restrictions based solely on race or occupancy of property within certain districts are invalid. A classification that discriminates against a racial or religious group can only be upheld if the state demonstrates an overwhelming interest that can be served no other way. The regulation must be clear and specific. It must describe districts with certainty, and if maps are necessary, it should include references to them. The standards governing conduct of the administrator must be clear. The fact that regulations have not been enforced does not prevent their enforcement. Only persons whose rights are injured by regulations may attack them. An invalid enactment is without effect and confers no rights and imposes no duties.

Regulations must be in accordance with a comprehensive plan, which may be separate or part of the zoning regulation. Spot zoning of individual parcels of property in a manner different from that of surrounding property, primarily for the private interests of the owner of the property so zoned, may be improper but not illegal in all cases. Spot zoning disregards the requirement that zoning be in accordance with a comprehensive plan. It may be valid if there is a reasonable basis for distinguishing the parcel from surrounding parcels.

Zoning regulations may validly prescribe a type of building, location of utility lines, restrictions on accessory buildings or structures, and preservation of historical areas and buildings. General rules of construction apply to restrictions affecting architectural and structural design of buildings and open spaces. Such rules apply to building setbacks from the streets and other boundaries, size and height of buildings, number of rooms, floor space or area and cubic feet, and minimum cost of buildings. They also apply to frontage of lots, minimum lot area, front, rear, and side yards, off-street parking, the number of buildings on a lot, and the number of dwelling units in a certain area. Regulations may restrict areas to single-family homes or to multifamily dwellings or townhouses. An ordinance may permit the construction of a building intended for nonresidential use, such as a school, church, hospital, or charitable institution, in a residential district.

Municipalities have gained some flexibility in their regulations by authorizing special use permits in certain districts. This gives them the power to impose restrictions and requirements that might not otherwise be possible under the strict classification of the district.

It is also possible to create a unit development in an entire district or a large part of one, with plans and restrictions governing the entire project. This arrangement may mix some commercial and residential uses and "clustering" of certain properties, leaving room for green spaces and parkways.

A municipality may use broad discretion to fix the location and boundaries of business, commercial, and industrial districts and has the power to review and periodically update zoning regulations. This should be done whenever growth and progress require. Failure or refusal to make a change in regulations when they are clearly appropriate in view of development may be regarded as unreasonable, arbitrary conduct. Only the legislative body empowered to enact zoning regulations has the power to amend them. This must be done with the same formality, including required notices and hearings, as the original enactment. Neither the courts nor boards of zoning appeals should undertake such amendment, regardless of how archaic the regulations may be.

Zoning ordinances may permit or prohibit certain uses and may create whole districts devoted only to residence, commerce, or industry. When a structure's use does not conform to a zoning ordinance but the structure existed before the adoption or amendment of the ordinance, the structure has nonconforming use status, sometimes called legal nonconforming use. A vested legal nonconforming use is safeguarded by the Constitution unless it is abandoned or terminated. It is a property right that cannot be taken away without just compensation. However, the nonconforming use structure may not be expanded, its use may not be changed, and, under many laws, if it is destroyed by fire or other cause, it may not be rebuilt.

Zoning regulations are subject to interpretation by the courts where their meaning is unclear. Because such laws are in derogation of the common law, they are to be construed strictly, but they should receive a reasonable and fair construction in the light of the public good they propose to serve.

Boards of zoning appeals are created by statutes. They are quasi-judicial bodies because they conduct hearings with sworn testimony by witnesses and a transcript is made, which courts may review. Municipalities generally require permits for building or remodeling and certificates of occupancy after inspection discloses conformity with applicable codes. An owner without legal training who contests a zoning requirement would be ill-advised to try to argue his case alone because the members of the board, the municipal attorney, and the planning official have long experience, knowledge of the law, and a built-in tendency to favor their interpretations of the ordinances.

Where full compliance with the strict letter of the ordinance works a hardship on the owner, the board of appeals or governing body may grant a variance, which is toleration of a slight violation of the ordinance. The owner, however, may not create her own hardship by willfully violating the law.

Zoning regulations may be enforced by mandamus, an action that results in a judgment of a court compelling the appropriate public officers to carry out their duty; by injunction, which results in a court order forbidding the use or structure that is in violation; and by civil forfeiture actions or criminal prosecutions. Adjoining owners or citizens at large may have standing to enforce the ordinances where the municipal officers fail to do so. Some ordinances provide for a certain sum to be paid to the municipality for each day of violation. Some courts enforce these penalties strictly, whereas others are more lenient, as long as compliance with the ordinances is achieved in a reasonable time.

See: Adjoining Landowners; Condemnation; Fifth Amendment; Landmark; Land-Use Control; Municipal Corporation; Theaters and Shows.

The establishment by local governments of districts that are restricted to various types of manufacturing, commercial, or residential use.

The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

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 1 Scope 2 U.S. 2.1 Origins and history 2.2 Zoning types in the United States 2.2.1 Euclidean 2.2.1.1 Standard Euclidean 2.2.1.2 Euclidean II 2.2.2 Performance 2.2.3 Incentive 2.2.4 Form-based 3 U.K. 4 Australia 5 New Zealand 6 See also 7 References 8 Further reading 9 External links

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:

R-1: Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses, Hotels, Motels

R-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

R-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.

R-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.

Main article: Zoning in the United States

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

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.^[5] 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.^[6] 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.^[7]

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,^[8] 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. 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.

Main article: Development control in the United Kingdom

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

Main article: Development control in Australia

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

Main article: Resource Management Act 1991

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

See also

Activity centre Context theory Form-based codes Inclusionary zoning Exclusionary zoning Mixed use development New urbanism Non-conforming use Planning permission Spot zoning

Police power Principles of Intelligent Urbanism Reverse sensitivity Road Statutory planning Subdivision (land) Traffic Variance (land use) NIMBY

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. ^ Village of Euclid, Ohio v. Ambler Realty Co. (1926)
6. ^ Houston Chronicle, 12-10, 2007
7. ^ Planetizen
8. ^ Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 71 L.Ed. 303, 47 S.Ct. 114 (1926).
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

• Crenex - Zoning Maps - Links to zoning maps and planning commissions of 50 most populous cities in the US.
• New York City Department of City Planning - Zoning History
• Schindler's Land Use Page (Michigan State University Extension Land Use Team)
• Land Policy Institute at Michigan State University

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