Zoning
Encyclopedia
Zoning is a device of land use planning
Land use planning
Land-use planning is the term used for a branch of public policy encompassing various disciplines which seek to order and regulate land use in an efficient and ethical way, thus preventing land-use conflicts. Governments use land-use planning to manage the development of land within their...

 used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land use
Land use
Land use is the human use of land. Land use involves the management and modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover...

s 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. Similar urban planning
Urban planning
Urban planning incorporates areas such as economics, design, ecology, sociology, geography, law, political science, and statistics to guide and ensure the orderly development of settlements and communities....

 methods have dictated the use of various areas for particular purposes in many cities from ancient times.

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 interfering with existing residents or business
Business
A business is an organization engaged in the trade of goods, services, or both to consumers. Businesses are predominant in capitalist economies, where most of them are privately owned and administered to earn profit to increase the wealth of their owners. Businesses may also be not-for-profit...

es 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. In Australia, land under the control of the Commonwealth (federal) government is not subject to state planning controls. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 and other federal countries are similar. Zoning and urban planning in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 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 lot
Lot (real estate)
In real estate, a lot or plot is a tract or parcel of land owned or meant to be owned by some owner. A lot is essentially considered a parcel of real property in some countries or immovable property in other countries...

s (such as open space, residential
Residential area
A residential area is a land use in which housing predominates, as opposed to industrial and commercial areas.Housing may vary significantly between, and through, residential areas. These include single family housing, multi-family residential, or mobile homes. Zoning for residential use may permit...

, agricultural, commercial or industrial
Industry
Industry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...

), the densities at which those activities can be performed (from low-density housing
House
A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...

 such as single family homes to high-density such as high-rise apartment buildings
Tower block
A tower block, high-rise, apartment tower, office tower, apartment block, or block of flats, is a tall building or structure used as a residential and/or office building...

), the height of buildings, the amount of space structures may occupy, the location of a building on the lot (setbacks
Setback (land use)
In land use, a setback is the distance which a building or other structure is set back from a street or road, a river or other stream, a shore or flood plain, or any other place which needs protection. Depending on the jurisdiction, other things like fences, landscaping, septic tanks, and various...

), the proportions of the types of space on a lot, such as how much landscape
Landscape
Landscape comprises the visible features of an area of land, including the physical elements of landforms such as mountains, hills, water bodies such as rivers, lakes, ponds and the sea, living elements of land cover including indigenous vegetation, human elements including different forms of...

d space, impervious surface
Impervious surface
Impervious surfaces are mainly artificial structures--such as pavements that are covered by impenetrable materials such as asphalt, concrete, brick, and stone--and rooftops...

, traffic lanes, and parking
Parking
Parking is the act of stopping a vehicle and leaving it unoccupied for more than a brief time. Parking on one or both sides of a road is commonly permitted, though often with restrictions...

 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 variance
Variance (land use)
A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the...

s (exceptions to the zoning rules), usually because of some perceived hardship caused by the particular nature of the property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

 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, for example, within the commercial category there may be separate zones for small-retail, large retail, office use, lodging and others, while industrial may be subdivided into heavy manufacturing, light assembly and warehouse uses. In Germany, e. g., each category has a designated limit for noise emissions (not part of the building code, but federal emissions 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.


Conditional zoning allows for increased flexibility and permits municipalities to respond to the unique features of a particular land use application. Uses which might be disallowed under current zoning, such as a school or a community center can be permitted via conditional use zoning.

U.S.

Under the police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...

 rights state governments may exercise over private real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...

, special laws and regulations were long made, restricting the places where particular businesses should be carried on. In 1916, New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 adopted the first zoning regulations
1916 Zoning Resolution
The New York City 1916 Zoning Resolution was a measure adopted primarily to stop massive buildings such as the Equitable Building from preventing light and air from reaching the streets below...

 to apply city-wide as a reaction to The Equitable Building
Equitable Building (Manhattan)
The Equitable Building is a 38-story office building in New York City, located at 120 Broadway in the Financial District of Lower Manhattan. A landmark engineering achievement as a skyscraper, it was designed by Ernest R. Graham and completed in 1915...

 which towered over the neighboring residences, diminishing the availability of sunshine. These laws
1916 Zoning Resolution
The New York City 1916 Zoning Resolution was a measure adopted primarily to stop massive buildings such as the Equitable Building from preventing light and air from reaching the streets below...

 set the pattern for zoning in the rest of the country. New York City went on to develop ever more complex regulations, including floor-area ratio
Floor Area Ratio
The floor area ratio or floor space index is the ratio of the total floor area of buildings on a certain location to the size of the land of that location, or the limit imposed on such a ratio....

 regulations, air rights
Air rights
Air rights are a type of development right in real estate, referring to the empty space above a property. Generally speaking, owning or renting land or a building gives one the right to use and develop the air rights....

 and others for specific neighborhoods.

The constitutionality of zoning ordinances was upheld by the U.S. Supreme Court in the 1926 case Village of Euclid, Ohio v. Ambler Realty Co.
Village of Euclid, Ohio v. Ambler Realty Co.
Village of Euclid, Ohio v. Ambler Realty Co., , more commonly Euclid v. Ambler, was a United States Supreme Court case argued in 1926...

.

Among large populated cities in the United States, Houston is unique in having no zoning ordinances
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...

. Rather, land use is regulated by other means.

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 form-based.

Named for the type of zoning code adopted in the town of Euclid, Ohio
Euclid, Ohio
Euclid is a city in Cuyahoga County, Ohio, United States. It is part of the Greater Cleveland Metropolitan Area, and borders Cleveland. As of the 2010 census, the city had a total population of 48,920...

, and approved in a landmark decision of the U.S. Supreme Court, Village of Euclid, Ohio v. Ambler Realty Co.
Village of Euclid, Ohio v. Ambler Realty Co.
Village of Euclid, Ohio v. Ambler Realty Co., , more commonly Euclid v. Ambler, was a United States Supreme Court case argued in 1926...

 Euclidean zoning codes are the most prevalent in the United States. Euclidean zoning is characterized by the segregation of land uses into specified geographic districts and dimensional standards stipulating limitations on development activity within each type of district. Advantages include relative effectiveness, ease of implementation, long-established legal precedent, and familiarity. However, Euclidean zoning has received criticism for its lack of flexibility and institutionalization of now-outdated planning theory.

Also known as "effects-based planning", performance zoning uses performance-based or goal-oriented criteria to establish review parameters for proposed development projects. Performance zoning is intended to provide flexibility, rationality, transparency and accountability, avoiding the arbitrariness of the Euclidean approach and better accommodating market principles and private property rights with environmental protection. Difficulties included a requirement for a high level of discretionary activity on the part of the supervising authority. Performance zoning has not been widely adopted in the USA.

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, the method establishes a base level of limitations and a reward scale to entice developers to incorporate the desired development criteria.
Incentive zoning allows a high degree of flexibility, but can be complex to administer.

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.

Criticism of zoning laws

Much criticism of zoning laws comes from those who see the restrictions as a violation of property rights. It has been argued that zoning boards and city councils can too easily strip property owners of their right to unencumbered use of their land.

It has also been argued that zoning laws work against economic efficiency and therefore hinder development in a free economy. A poor zoning restriction could hinder the optimal efficient usage of a given area. Even without any zoning restrictions, a landfill, for example, would likely gravitate to cheaper land rather than being placed in a residential area. Also, strict zoning laws can get in the way of creative developments like mixed-use buildings and can even stop harmless activities like yard sales.

In French zoning by income instead of with mixed occupation is called "zonage à l’américaine".

United Kingdom

Development control or planning control is the element of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

's system of town and country planning
Town and country planning in the United Kingdom
Town and Country Planning is the land use planning system governments use to balance economic development and environmental quality. Each country of the United Kingdom has its own planning system that is responsible for town and country planning devolved to the Northern Ireland Assembly, the...

 through which local government
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...

 regulates land use
Land use
Land use is the human use of land. Land use involves the management and modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover...

 and new building. It relies on the "plan-led system" whereby development plan
Development Plan
A development plan is an aspect of town and country planning in the United Kingdom comprising a set of documents that set out the local authority's policies and proposals for the development and use of land in their area...

s are formed and the public consulted. Subsequent development requires planning permission
Planning permission
Planning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building , but will also need "planning...

, which will be granted or refused with reference to the development plan as a material consideration.

There are 421 Local Planning Authorities
Local Planning Authority
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. Although, in Scotland, where all of the local authorities are unitary, the term 'planning authority' is used without the 'local'...

 (LPAs) in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

. Generally they are the local borough or district council or a unitary authority
Unitary authority
A unitary authority is a type of local authority that has a single tier and is responsible for all local government functions within its area or performs additional functions which elsewhere in the relevant country are usually performed by national government or a higher level of sub-national...

. Development involving mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...

, mineral
Mineral
A mineral is a naturally occurring solid chemical substance formed through biogeochemical processes, having characteristic chemical composition, highly ordered atomic structure, and specific physical properties. By comparison, a rock is an aggregate of minerals and/or mineraloids and does not...

s or waste disposal
Waste management
Waste management is the collection, transport, processing or disposal,managing and monitoring of waste materials. The term usually relates to materials produced by human activity, and the process is generally undertaken to reduce their effect on health, the environment or aesthetics...

 matters is dealt with by county council
County council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...

s in non-metropolitan areas
Shire county
A non-metropolitan county, or shire county, is a county-level entity in England that is not a metropolitan county. The counties typically have populations of 300,000 to 1.4 million. The term shire county is, however, an unofficial usage. Many of the non-metropolitan counties bear historic names...

. Within national park
National parks of the United Kingdom
National parks of the United Kingdom are a devolved matter with each of the countries of the United Kingdom having its own policies and arrangements. There are 15 of these managed areas of outstanding landscape where habitation and commercial activities are restricted, with 10 in England, 3 in...

s, it is the national park authority
National Park Authority
A national park authority is a special term used in the United Kingdom for the legal body in charge of a national park. The powers and duties of the authorities are all similar, but do vary somewhat depending on the country in which they are situated....

 that determines planning applications.

Australia

The legal framework for land use zoning in Australia is established by States and Territories
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

, hence each State or Territory has different zoning rules. Land use zones are generally defined at local government level
Local government in Australia
Local government in Australia is the third tier of government, administered by the states and territories which in turn are beneath the Commonwealth or federal tier. Unlike New Zealand, the US or the UK, there is only one level of local government in all states, with no distinction such as...

, and most often called Planning Schemes.
State / Territory Planning Framework Land Use regulation
ACT
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...

Territory Plan 2008 Land Use Policy
NT
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...

Planning Act Planning Scheme
NSW
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

Environmental Planning and Assessment Act 1979 Local Environmental Plans (LEP)
QLD
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

Sustainable Planning Act 2009 Planning Schemes
SA
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...

Development Act 1993 Development Plan
TAS
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...

Land Use Planning and Approvals Act 1993 Planning Schemes
VIC
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

Planning and Environment Act 1987 Planning Schemes
WA
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...

Planning and Development Act 2005 Planning Schemes


Statutory planning
Statutory planning
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 of the general public...

 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.

New Zealand

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

Singapore

The framework for governing land uses in Singapore is administered by the Urban Redevelopment Authority
Urban Redevelopment Authority
The Urban Redevelopment Authority is the national urban planning authority of Singapore, and a statutory board under the Ministry of National Development of the Singapore Government.-Mission:The authority was established on 1 April 1974, and is of especially critical importance to the city-state,...

 (URA) through the Master Plan. The Master Plan is a statutory document divided into two sections: the plans and the Written Statement. The plans show the land use zoning allowed across Singapore, while the Written Statement provides a written explanation of the zones available and their allowed uses.

See also

  • Activity centre
    Activity centre
    Activity centre is a term used in urban planning and design for a mixed-use urban area where there is a concentration of commercial and other land uses...

  • Context theory
    Context theory
    Context theory is the theory of how environmental design and planning of new development should relate to its context. When decisions have been taken they are implemented by means of Land Use Plans, Zoning Plans and Environmental Assessments...

  • Exclusionary zoning
    Exclusionary zoning
    Exclusionary zoning is a term that, in the United States, has come to be applied to local zoning measures that appear to impose unnecessary or unjustifiable costs or requirements facially or by execution excluding various groups of ‘undesirables.'...

  • Form-based codes
  • Inclusionary zoning
    Inclusionary zoning
    Inclusionary zoning, also known as inclusionary housing, is an American term which refers to municipal and county planning ordinances that require a given share of new construction to be affordable by people with low to moderate incomes...

  • Mixed use development
  • New urbanism
    New urbanism
    New Urbanism is an urban design movement, which promotes walkable neighborhoods that contain a range of housing and job types. It arose in the United States in the early 1980s, and has gradually continued to reform many aspects of real estate development, urban planning, and municipal land-use...

  • Non-conforming use
  • Planning permission
    Planning permission
    Planning permission or planning consent is the permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building , but will also need "planning...

  • Police power
    Police power
    In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...


  • Principles of Intelligent Urbanism
    Principles of Intelligent Urbanism
    Principles of Intelligent Urbanism is a theory of urban planning composed of a set of ten axioms intended to guide the formulation of city plans and urban designs. They are intended to reconcile and integrate diverse urban planning and management concerns...

  • Reverse sensitivity
    Reverse sensitivity
    Reverse sensitivity is a term from the New Zealand planning system. It describes the impacts of newer uses on prior activities occurring in mixed-use areas. Some activities tend to have the effect of limiting the ability of established ones to continue...

  • Road
    Road
    A road is a thoroughfare, route, or way on land between two places, which typically has been paved or otherwise improved to allow travel by some conveyance, including a horse, cart, or motor vehicle. Roads consist of one, or sometimes two, roadways each with one or more lanes and also any...

  • Spot zoning
    Spot zoning
    Spot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. The rezoning may be for the benefit of a particular owner, and at odds with pre-existing adjacent...

  • Statutory planning
    Statutory planning
    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 of the general public...

  • Subdivision (land)
    Subdivision (land)
    Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known in the United States as a subdivision...

  • Traffic
    Traffic
    Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...

  • Variance (land use)
    Variance (land use)
    A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the...

  • NIMBY
    NIMBY
    NIMBY or Nimby is an acronym for the phrase "not in my back yard". The term is used pejoratively to describe opposition by residents to a proposal for a new development close to them. Opposing residents themselves are sometimes called Nimbies...



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

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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