Euclidean Zoning

Zoning in the United States includes various land use laws falling under the police power rights of state governments and local governments to exercise authority over privately owned real property. Zoning laws in major cities originated with the Los Angeles zoning ordinances of 1904 and the New York City 1916 Zoning Resolution. Early zoning regulations were in some cases motivated by racism and classism, particularly with regard to those mandating single-family housing. Zoning ordinances did not allow African-Americans moving into or using residences that were occupied by majority whites due to the fact that their presence would decrease the value of home. The constitutionality of zoning ordinances was upheld by the Supreme Court of the United States in '' Village of Euclid, Ohio v. Ambler Realty Co.'' in 1926.

According to the ''New York Times'', "single-family zoning is practically gospel in America," as a vast number of cities zone land extensively for detached single-family homes. Low-density residential zoning is far more predominating in U.S. cities than in other countries. The housing shortage in many metropolitan areas, coupled with racial residential segregation, has led to increased public focus and political debates on zoning laws. Studies indicate that strict zoning regulations constrain the supply of housing and inflate housing prices, as well as contribute to inequality and a weaker economy.

Strict zoning laws have been found to contribute to racial housing segregation in the United States, and zoning laws that prioritize single-family housing have raised concerns regarding housing availability, housing affordability and environmental harms. There are no substantial differences between liberal and conservative homeowners in their opposition to the construction of dense housing in their neighborhoods.

Origins and history

Zoning is the process of dividing a municipality into separate districts, or zones, upon which differing regulations, typically regarding land use, are applied. The enforcement of these regulations is enabled by the police powers delegated from the state to local government. Many argue that German urban planner Reinhard Baumister was the first to develop a system of land use separation that could be considered "zoning". Frankfurt's nineteenth century zoning plans were used as inspiration across America and other countries in Western Europe.

The purported need for formal zoning in America arose at the turn of the twentieth century as cities such as New York, experiencing rapid urbanization and growth in industry, felt a growing need to reduce congestion, stabilize property values, combat poor urban design, and protect residents from issues such as crowded living conditions, outbreaks of disease, and industrial pollution, through legal means. Edward M. Bassett, author of the first comprehensive zoning ordinance in the United States, wrote in 1922:

Skyscrapers would be built to unnecessary height, their cornices projecting into the street and shutting out light and air. The lower floors needed artificial light in the daytime. Business centers instead of being rationally spread out were intensively congested. Transit and street facilities were overwhelmed...

Additionally, many of the earliest zoning laws in the United States were influenced by a demand for class, ethnic, and race-based segregation. Early zoning ordinances in the United States were more narrow in scope and later became more comprehensive. Modesto, California's 1885 ordinance banning wash houses from certain areas of the city has been argued to be America's first true zoning ordinance. Richmond's 1908 zoning ordinance regulating the height and arrangement of buildings was upheld by the Virginia Supreme Court of Appeals in 1910, a decision used as precedent in the implementation of New York City's 1916 Zoning Resolution.

19041930

Los Angeles, 1904-1909

Zoning in Los Angeles is commonly believed to have been first enacted in 1908, although Los Angeles City Council passed the first municipal zoning ordinance in the United States, Ordinance 9774, on July 25, 1904. Though the ordinance did not assign all parts of the city to a zoning map, as with later American ordinances, it did established three residential districts in which laundries and wash houses were prohibited. The prohibition against laundries had a racial component since many were owned by Chinese residents and citizens. This ordinance would later be replaced in 1908 with other ordinances that expanded the scope of the residential districts and greatly expanded the scope of prohibited industries. Existing nuisance laws had already prohibited some industrial land uses in Los Angeles. Dangerous businesses (such as warehousing explosives) were illegal before 1908, as were odorous land uses, such as slaughterhouses and tanneries. The California Supreme Court had already upheld such rules in ''Yick Wo'' (1886). Many later California court cases supported the 1908 ordinances, even in one case of ''ex post facto'' relocation of an existing brickyard.

Ordinance 16170, adopted on September 16, 1908 established six industrial districts. These were drawn mainly in areas which had already hosted significant industrial development such as corridors along the freight railroads and the Los Angeles River. A new ordinance adopted on August 3, 1909, established that all land within Los Angeles that was not part of an industrial district would become a residence district. However, between 1909 and 1915, Los Angeles City Council responded to some requests by business interests to create exceptions to industrial bans within the three residential districts. They did this through the legal device of districts within districts. While some might have been benign, such as motion picture districts, some others were polluting, such as poultry slaughterhouse districts. Despite the expanding list of exceptions, new ordinances in other cities (i.e., 1914 Oakland ordinance) followed the 1908 Los Angeles model through about 1917. There existed 22 cities with zoning ordinances by 1913.

Race-based zoning ordinances, 19101917

Many American cities passed residential segregation laws based on race between 1910 and 1917. Baltimore City Council passed such a law in December 1910. Unlike the Los Angeles Residential District which created well-defined areas for residential land use, the Baltimore scheme was implemented on a block-by-block basis. Druid Hill had already existed as a ''de facto'' all-black neighborhood, but some whites in nearby neighborhoods protested for formal segregation. Just a few months later, Richmond, Virginia passed its race-based zoning law, which was upheld by the Supreme Court of Virginia in the 1915 case ''Hopkins v. City of Richmond''. Over the next few years, several southern cities established race-based residential zoning ordinances, including four other cities in Virginia, one in North Carolina, and another in South Carolina. Atlanta passed a law similar to 1910 Baltimore ordinance. Before 1918, race-based zoning ordinances were adopted in New Orleans