Zoning is a term used in urban planning for a system of land-use regulation in various parts of the world, including North America, the United Kingdom,^[1] and Australia. Land use' is also often used to refer to the distinct land use types in Zoning. This article is for the legal term For regulation of genes see Regulation of gene expression. 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.

Scope

Theoretically, the primary purpose of zoning is to segregate uses that are thought to be incompatible; in practice, zoning is used as a permitting system to prevent new development from harming existing residents or businesses. This article deals with personal residence in a given place For other uses see Residency (disambiguation and Resident. A business (also called firm or an enterprise) is a legally recognized organizational entity designed to provide goods and/or services to Zoning is commonly controlled by local governments such as counties or municipalities, though the nature of the zoning regime may be determined by state or national planning authorities. A county is a Land area of Regional Government within a larger State. A municipality is an administrative entity composed of a clearly defined territory and its population and commonly denotes a City, Town, or Village, or 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. The United States of America —commonly referred to as the

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 (for example, how much landscaped space and how much paved space), and how much parking must be provided. Agriculture refers to the production of goods through the growing of plants and fungi and the raising of domesticated Animals The study of agriculture Commerce is a division of trade or production which deals with the exchange of goods and services from producer to final consumer For other uses of this term see Industry (disambiguation An industry (from Latin industrius, "diligent industrious" A tower block, block of flats, or apartment block, is a multi-unit High-rise Apartment building. This article is about minimum distances between buildings and the lot line Landscape comprises the visible features of an area of land including physical elements such as Landforms living elements of flora and fauna abstract elements such as lighting Parking is the act of stopping a Vehicle and leaving it unoccupied for more than a brief time 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. A variance is a requested deviation from the set of rules a municipality applies to land use known as a zoning ordinance building code or municipal code Property is any physical or virtual entity that is owned by an individual

Types of residential zones would be R1 for single-family homes, R2 for two-family homes, and R3 for multiple-family homes.

Types

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, Euclidean zoning codes are by far the most prevalent in the United States, used extensively in small towns and large cities alike. Euclid is a city in Cuyahoga County Ohio, United States. It is part of the Greater Cleveland Metropolitan 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 (see below).

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. 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. 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. The Floor Area Ratio (FAR or Floor Space Index (FSI is the Ratio of the total floor area of buildings on a certain location to the size of the land of that location

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 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.

Design-based codes offer considerably more flexibility in building uses than do Euclidean codes, but, as they are comparatively new, may be more challenging to create. A form-based code (FBC is a means of regulating development to achieve a specific urban form 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 from the property line, while in a suburban "neighborhood" there may be no maximum setback.

Zoning in the UK

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. Development Control, Planning Control or Development Management (in Scotland is the element of the United Kingdom 's system of Town and Country Planning The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located See Development control in the United Kingdom for an explanation of how planning control is exercised in the UK Local government in the United Kingdom is arranged into four different systems with one each for England Northern Ireland Scotland and Wales Land use' is also often used to refer to the distinct land use types in Zoning. It relies on the "plan-led system" whereby development plans are formed and the public consulted. The development plan is an aspect of Town and country planning in the Sri Lanka comprising a set of documents which set out the Local Authorities policies Subsequent development requires planning permission, which will be granted or refused with reference to the development plan as a material consideration. See Development Control for an overall explanation of how control under the Town and Country Planning legislation is operated in the United Kingdom

There are 421 Local Planning Authorities (LPAs) in the United Kingdom. A Local Planning Authority is the Local authority or Council that is empowered by law to exercise planning functions for a particular area of the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Generally they are the local borough or district council or a unitary authority. Borough status in the United Kingdom is granted by Royal charter to Local government Districts in England, Wales and Northern The districts of England are a level of subnational division of England used for the purposes of local government See also Independent city A unitary authority is a type of Local authority that has a single tier and is responsible for all Local government functions Development involving mining, minerals or waste disposal matters is dealt with by county councils in non-metropolitan areas. Mining is the extraction of valuable Minerals or other geological materials from the earth usually (but not always from an Ore body A mineral is a naturally occurring substance formed through geological processes that has a characteristic chemical composition a highly ordered atomic structure and specific Waste management is the collection Transport, processing, Recycling or disposal of Waste materials A County council is the elected administrative body governing an area known as a County. A non-metropolitan county or shire county in England, is a county-level entity which is not a Metropolitan county. Within national parks, it is the National Park Authority that determines planning applications. The United Kingdom has 14 national parks, 9 in England, 3 in Wales, and two in Scotland. A National Park Authority is a special term used in the United Kingdom for the legal body in charge of a National park.

Zoning in 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. Urban planning is not just concerned with the making of plans but also with the management of development to ensure that it accords with the objectives of the plan and is developed to the benefit ^[2]

Zoning in 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. The Resource Management Act (RMA is a significant and at times controversial Act of Parliament passed in 1991 in New Zealand. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island

Zoning in the USA

Main article: Zoning in the United States

Zoning regulations fall under the police power rights state governments may exercise over private real property. Zoning in the United States comprise Land use state laws falling under the Police power rights state governments may exercise over private Real property Police power is the capacity of a State to Regulate behaviours and enforce order within its Territory, often framed in terms of Public welfare In the Common law, real property (or realty) refers to one of the two main classes of Property, the other class being Personal 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. This article refers to Eastern Parkway in Brooklyn New York there is also an Eastern Parkway in Louisville Kentucky, also designed by the firm of Frederick

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 City of New York The New York City 1916 Zoning Resolution was a measure adopted primarily to stop massive buildings such as the Equitable Building (Manhattan from preventing light and air from The Equitable Building is a 36-story office building in New York City, located at 120 Broadway in the Financial District of Lower Manhattan. 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 New York City 1916 Zoning Resolution was a measure adopted primarily to stop massive buildings such as the Equitable Building (Manhattan from preventing light and air from A government agency is a permanent or semi-permanent organization in the Machinery of government that is responsible for the oversight and administration of specific functions Edward Murray Bassett (1863-1948 was one of the founding fathers of modern day Urban planning. A mayor (from the Latin māior, meaning "greater" is a modern title used in many countries for the highest ranking officer in a municipal government John Purroy Mitchel ( July 19, 1879 - July 6 1918) was the Mayor of New York from 1914 to 1917 and at age 34 the youngest ever he A blueprint is a type of paper-based reproduction usually of a Technical drawing, documenting an Architecture or an Engineering design The effect of these zoning regulations on the shape of skyscrapers was famously illustrated by architect and illustrator Hugh Ferriss. Hugh Ferriss (1889 – 1962 was an American delineator (one who creates perspective drawings of buildings and Architect.

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. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first Though initially ruled unconstitutional by lower courts, the zoning ordinance was upheld by the U. S. Supreme Court. ^[3].

By the late 1920s most of the nation had developed a set of zoning regulations that met the needs of the locality.

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. The Floor Area Ratio (FAR or Floor Space Index (FSI is the Ratio of the total floor area of buildings on a certain location to the size of the land of that location Air rights are a type of development right in Real estate. Generally speaking owning or renting land or a Building gives one the right to use and develop the empty A human need can be defined either psychologically or objectively

Among large populated cities in the United States, Houston is unique in having no zoning ordinances. A local ordinance is a Law usually found in a municipal code. ^[4] 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 (which includes 98% of all housing stock), single-family homes had to occupy 5,000 square feet of land. Apartment buildings currently must have 1. 33 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. ^[5]

See also

References

Further reading

• Bassett, E. Village of Euclid Ohio v Ambler Realty Co,, more commonly Euclid v 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

• 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
• Crenex.com - Links to zoning maps of 50 largest US cities