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Zoning is a method of
urban planning Urban planning, also known as regional planning, town planning, city planning, or rural planning, is a technical and political process that is focused on the development and design A design is a plan or specification for the construction o ...
in which a
municipality A municipality is usually a single administrative division Administrative division, administrative unitArticle 3(1). , country subdivision, administrative region, subnational entity, first-level subdivision, as well as many similar terms, ...
or other tier of
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...

government
divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g.
residential A residential area is a land used in which houses, housing predominates, as opposed to industrial district, industrial and Commercial Area, commercial areas. Housing may vary significantly between, and through, residential areas. These include ...
,
industrial Industrial may also refer to: Industry * Industrial archaeology, the study of the history of the industry * Industrial engineering, engineering dealing with the optimization of complex industrial processes or systems * Industrial loan company, a f ...
), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone, determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...
and the
City of Houston Houston ( ) is the most populous city in the U.S. state of Texas Texas (, ) is a state in the South Central United States, South Central region of the United States. It is the second largest U.S. state by both List of U.S. states and ...

City of Houston
,
Texas Texas (, ; Spanish Spanish may refer to: * Items from or related to Spain: **Spaniards, a nation and ethnic group indigenous to Spain **Spanish language **Spanish cuisine Other places * Spanish, Ontario, Canada * Spanish River (disambigu ...

Texas
.


Scope

The primary purpose of zoning is to segregate uses that are thought to be incompatible. In practice, zoning is also used to prevent new development from interfering with existing uses and/or to preserve the "character" of a community. Zoning may include regulation of the kinds of activities which will be acceptable on particular
lot Lot or LOT may refer to: Common meanings Areas *Land lot, an area of land *Parking lot, for automobiles *Backlot, in movie production Sets of items *Lot number, in batch production *Lot, a set of goods for sale together in an auction; or a quantit ...
s (such as open space,
residential A residential area is a land used in which houses, housing predominates, as opposed to industrial district, industrial and Commercial Area, commercial areas. Housing may vary significantly between, and through, residential areas. These include ...
,
agricultural Agriculture is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary Image:Family watching television 1958.jpg, Exercise trends, Increases in sedentary behaviors such as watching tele ...
,
commercial Commercial may refer to: * a dose of advertising conveyed through media (such as - for example - radio or television) ** Radio advertisement ** Television advertisement * (adjective for:) commerce, a system of voluntary exchange of products and se ...
or industrial), the densities at which those activities can be performed (from low-density
housing Housing, or more generally living spaces, refers to the construction Construction is a general term meaning the art and science to form Physical object, objects, systems, or organizations,"Construction" def. 1.a. 1.b. and 1.c. ''Oxford Eng ...

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
landscape A landscape is the visible features of an area of , its s, and how they integrate with or man-made features.''New Oxford American Dictionary''. A landscape includes the physical elements of ly defined s such as (ice-capped) , , such as s, s, ...

landscape
d space,
impervious surface s are highly impervious. Impervious surfaces are mainly artificial structures—such as Pavement (material), pavements (road A road is a thoroughfare, route, or way on land between two Location (geography), places that has been Pavement (materia ...
, traffic lanes, and whether or not
parking Parking is the act of stopping and disengaging a vehicle and leaving it unoccupied. Parking on one or both sides of a road is often permitted, though sometimes with restrictions. Some buildings have parking facilities for use of the buildings' ...

parking
is provided. Zoning is commonly controlled by local governments such as
counties A county is a geographical region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

counties
or
municipalities A municipality is usually a single administrative division Administrative division, administrative unitArticle 3(1). , country subdivision, administrative region, subnational entity, first-level subdivision, as well as many similar terms, ...
, though the nature of the zoning regime may be determined or limited by state or national planning authorities or through enabling legislation. In some countries, e. g. France, Germany or Canada, zoning plans must comply with upper-tier (national, regional, state, provincial) planning and policy statements. In the case of Germany this code includes contents of zoning plans as well as the legal procedure. 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. 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 Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelles ...
, 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 In probability theory Probability theory is the branch of mathematics Mathematics (from Greek: ) includes the study of such topics as numbers (arithmetic and number theory), formulas and related structures (algebra), shapes and spaces ...
s (exceptions to the zoning rules), usually because of some perceived hardship caused by the particular nature of the property in question.


Origins and history of zoning

The origins of zoning districts can be traced back to
antiquity Antiquity or Antiquities may refer to Historical objects or periods Artifacts * Antiquities, objects or artifacts surviving from ancient cultures Eras Any period before the European Middle Ages In the history of Europe, the Middle Ages ...

antiquity
. The ancient walled city was the predecessor for classifying and regulating land, based on use. Outside the city walls were the undesirable functions, which were usually based on noise and smell; that was also where the poorest people lived. The space between the walls is where unsanitary and dangerous activities occurred such as butchering, waste disposal, and brick-firing. Within the walls were civic and religious places, and where the majority of people lived. Beyond distinguishing between urban and non-urban land, most ancient cities further classified land types and uses inside their walls. This was practiced in many regions of the world – for example, in China during the
Zhou Dynasty The Zhou dynasty ( ; Old Chinese Old Chinese, also called Archaic Chinese in older works, is the oldest attested stage of Chinese Chinese can refer to: * Something related to China China, officially the People's Republic of China ...
(1046 – 256 BC), in India during the Vedic Era (1500 – 500 BC), and in the military camps that spread throughout the
Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican Republican can refer to: Political ideology * An advocate of a republic, a type of governme ...

Roman Empire
(31 BC – 476 AD). Because residential districts made up the majority of cities, early forms of districting were usually along ethnic and occupational divides; generally, class or status diminished from the city centre outward. One legal form of enforcing this was the caste system. While space was carved out for important public institutions, places of worship, retail stores, markets and squares, there is one major distinction between cities of antiquity and today. Throughout antiquity, up until the onset of the
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe Continental Europe or mainland Europe is the contiguous continent A continent is any of several large landmasse ...
(1760–1840), most work took place within the home. Therefore, residential areas also functioned as places of labor, production, and commerce. The definition of home was tied to the definition of economy, which caused a much greater mixing of uses within the residential quarters of cities. Throughout the
Enlightenment Enlightenment, enlighten or enlightened may refer to: Age of Enlightenment * Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing: ** Midlands Enlightenment ...
and
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe Continental Europe or mainland Europe is the contiguous continent A continent is any of several large landmasse ...
, cultural and socio-economic shifts led to the rapid increase in the enforcement and invention of urban regulations. The shifts were informed by a new scientific rationality, the advent of mass production and complex manufacturing, and the subsequent onset of urbanization. Industry leaving the home reshaped modern cities. Overcrowding, pollution, and the urban squalor associated with factories were major concerns that led city officials and planners to consider the need for functional separation of uses. France, Germany, and Britain are where pseudo-zoning was invented to prevent polluting industries to be built in residential areas. Early uses of modern zoning were seen in Germany in the late-19th century.


Types

There are a great variety of zoning types, some of which focus on regulating building form and the relation of buildings to the street with mixed uses, known as form-based, others with separating land uses, known as use-based, or a combination thereof. Use-based zoning systems can comprise single-use zones, mixed-use zones - where a compatible group of uses are allowed to co-exist - or a combination of both single and mixed-use zones in one system.


Single-use zoning

Single-use zoning is where only one kind of use is allowed per zone. Known as ''Euclidean zoning'' in North America because of a court case in
Euclid, Ohio Euclid is a city in Cuyahoga County, Ohio, United States. It is an inner ring suburb of Cleveland Cleveland ( ), officially the City of Cleveland, is a major city in the U.S. state of Ohio, and the county seat A county seat is an admin ...
, which established its constitutionality, '' Village of Euclid, Ohio v. Ambler Realty Co.'' , it has been the dominant system of zoning in North America since its first implementation. Commonly defined single-use zones include: residential, mixed residential-commercial, commercial, industrial and spatial (e. g.
power plantsPower Station or The Power Station may refer to: * Power station, a facility for the generation of electricity Music * The Power Station (band), a 1980s supergroup ** The Power Station (album), ''The Power Station'' (album), a 1985 album by The Pow ...

power plants
, ,
airport An airport is an aerodrome An aerodrome (Commonwealth English The use of the English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon England, early medieval En ...

airport
s,
shopping mall A shopping mall (or simply mall) is a North American term for a large indoor shopping center A shopping center (American English) or shopping centre (Commonwealth English), also called a shopping complex, shopping arcade, shopping plaza or ga ...

shopping mall
s 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, 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: # Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:
boarding house A boarding house is a house A house is a single-unit residential building A building, or edifice, is a structure with a roof and walls standing more or less permanently in one place, such as a house or factory. Buildings come in a variet ...

boarding house
s,
hotel A hotel is an establishment that provides paid lodging on a short-term basis. Facilities provided inside a hotel room may range from a modest-quality mattress in a small room to large suites with bigger, higher-quality beds, a dresser, a ref ...

hotel
s,
motel A motel, also known as a motor hotel or motor lodge, is a hotel A hotel is an establishment that provides paid lodging on a short-term basis. Facilities provided inside a hotel room may range from a modest-quality mattress in a small ...

motel
s. # Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: s,
convent A convent is a community of either priest A priest is a religious leader authorized to perform the Sacred rite, sacred rituals of a religion, especially as a mediatory agent between humans and one or more deity, deities. They also have th ...

convent
s,
dormitories A dormitory (originated from the Latin word ''dormitorium'', often abbreviated to dorm) is a building primarily providing sleeping and residential quarters for large numbers of people such as boarding school, high school, college or university stud ...
. # 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. # Residential occupancies where the buildings are arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants.


History

Separation between uses is a feature of many
planned cities 250px, Abuja, in Nigeria, which was built mainly in the 1980s, was the fastest growing city in the world between 2000 and 2010, with an increase of 139.7%, and still expanding rapidly A planned community, planned city, or planned town is an ...
designed before the advent of zoning. A notable example is
Adelaide Adelaide ( ) is the capital city A capital or capital city is the municipality holding primary status in a Department (country subdivision), department, country, Constituent state, state, province, or other administrative region, usually ...

Adelaide
in South Australia, whose city centre, along with the suburb of
North Adelaide North Adelaide is a predominantly residential precinct (Australia), precinct and suburb of the City of Adelaide in South Australia, situated north of the River Torrens and within the Adelaide Park Lands. History Surveyor-General William Ligh ...
, is surrounded on all sides by a park, the
Adelaide Park Lands The Adelaide Park Lands are the figure-eight of land spanning both banks of the River Torrens The River Torrens , (Karrawirra Parri / Karrawirraparri) is the most significant river of the Adelaide Plains. It was one of the main reasons ...
. The park was designed by
Colonel William Light William Light (27 April 1786 – 6 October 1839), also known as Colonel Light, was a British- Malayan naval and army officer. He was the first Surveyor-General of the new British Province of South Australia, known for choosing the site of ...
in 1836 in order to physically separate the city centre from its suburbs. Low density residential areas surround the park, providing a pleasant walk between work in the city within and the family homes outside. Sir Ebenezer Howard, founder of the
garden city movement The garden city movement is a method of urban planning in which self-contained communities are surrounded by " greenbelts", containing proportionate areas of residences, industry, and agriculture. The idea was initiated in 1898 by Ebenezer Ho ...
, cited Adelaide as an example of how green open space could be used to prevent cities from expanding beyond their boundaries and coalescing. His design for an ideal city, published in his 1902 book
Garden Cities of To-morrow ''Garden Cities of To-morrow'' is a book by the British urban planner Ebenezer Howard. When it was published in 1898, the book was titled ''To-morrow: A Peaceful Path to Real Reform''. In 1902 it was reprinted as ''Garden Cities of To-Morrow''. T ...
, envisaged separate concentric rings of public buildings, parks, retail space, residential areas and industrial areas, all surrounded by open space and farmland. All retail activity was to be conducted within a single glass-roofed building, an early concept for the modern
shopping centre A shopping center (American English American English (AmE, AE, AmEng, USEng, en-US), sometimes called United States English or U.S. English, is the set of variety (linguistics), varieties of the English language native to the United Sta ...
inspired by
the Crystal Palace The Crystal Palace was a cast iron Cast iron is a group of iron-carbon alloys with a carbon content more than 2%. Its usefulness derives from its relatively low melting temperature. The alloy constituents affect its colour when fracture ...
. However, these planned or ideal cities were static designs embodied in a single masterplan. What was lacking was a regulatory mechanism to allow the city to develop over time, setting guidelines to developers and private citizens over what could be built where. This came in 1916, when
New York City New York, often called New York City to distinguish it from New York State New York is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of ...

New York City
enacted the first city-wide zoning ordinance. The application of single-use zoning has led to the distinctive form of many cities in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
,
Canada Canada is a country in the northern part of North America North America is a continent A continent is any of several large landmasses. Generally identified by convention (norm), convention rather than any strict criteria, ...

Canada
,
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

Australia
and
New Zealand New Zealand ( mi, Aotearoa ''Aotearoa'' (; commonly pronounced by English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon Engl ...

New Zealand
, in which a very dense
urban core Urban means "related to a city". In that sense, the term may refer to: * Urban area, geographical area distinct from rural areas * Urban culture, the culture of towns and cities Urban may also refer to: General * Urban (name), a list of people ...
, often containing
skyscraper A skyscraper is a tall continuously habitable building having multiple floors. Modern sources currently define skyscrapers as being at least 100 metres or 150 metres in height, though there is no universally accepted definition. Skyscrapers ar ...

skyscraper
s, is surrounded by low density residential
suburb A suburb (or suburban area or suburbia) is a commercial Commercial may refer to: * a dose of advertising conveyed through media (such as - for example - radio or television) ** Radio advertisement ** Television advertisement * (adjective ...
s, characterised by large
garden A garden is a planned space, usually outdoors, set aside for the cultivation, display, and enjoyment of plants and other forms of nature. The single feature identifying even the wildest wild garden A wildlife garden (or wild garden) is an Bioph ...

garden
s and leafy streets. Some metropolitan areas such as Minneapolis–St Paul, the
San Francisco Bay Area The San Francisco Bay Area, popularly referred to as the Bay Area, is a populous region surrounding the San Francisco Bay, San Francisco, San Pablo Bay, San Pablo, and Suisun Bay estuary, estuaries in Northern California. Although the exact bou ...
, and
Sydney Sydney ( ; Dharug The Darug or Dharug people are an Aboriginal Australian people, who share strong ties of kinship and, in Colonial Australia, pre-colonial times, survived as skilled hunters in family groups or clans, scattered througho ...

Sydney
have several such cores.


Criticisms

Critics argue that putting everyday uses out of walking distance of each other leads to an increase in traffic, since people have to own cars in order to live a normal life where their basic human needs are met, and get in their cars and drive to meet their needs throughout the day. Single-use zoning and
urban sprawl Urban sprawl (also known as suburban sprawl or urban encroachment) is the unrestricted growth in many urban area An urban area, or built-up area, is a human settlement with a high population density and infrastructure of built environment. ...
have also been criticized as making work–family balance more difficult to achieve, as greater distances need to be covered in order to integrate the different life domains. These issues are especially acute in the United States, with its high level of car usage combined with insufficient or poorly maintained
urban rail Urban rail transit is an all-encompassing term for various types of local rail Rail or rails may refer to: Rail transport *Rail transport and related matters *Rail (rail transport) or railway lines, the running surface of a railway Film *Rai ...
and
metro Metro, short for metropolitan, may refer to: Geography * Metro (city), a city in Indonesia * A metropolitan area A metropolitan area or metro is a region consisting of a densely populated core city, urban core and its less-populated surro ...
systems. Euclidean zoning has been described as a functionalist way of thinking that uses mechanistic principles to conceive of the city as a fixed machine. This conception is in opposition to the view of the city as a continually evolving organism or living system, as first espoused by the German urbanist Hans Reichow. Another avenue of criticism of zoning laws comes from those who see the restrictions as a violation of individuals' property rights. With zoning, a property owner may not be able to use her land for her desired purpose. Some economists claim that single-use zoning laws work against economic efficiency and hinder development in a free economy, as poor zoning restrictions hinder the more efficient usage of a given area. Even without zoning restrictions, a landfill, for example, would likely gravitate to cheaper land and not a residential area. Single-use zoning laws can get in the way of creative developments like mixed-use buildings and can even stop harmless activities like yard sales.


Mixed-use zoning

Planning and community activist
Jane Jacobs Jane Jacobs (''née'' Butzner; May 4, 1916 – April 25, 2006) was an American-Canadian journalist, author, theorist, and activist who influenced urban studies, sociology, and economics. Her book, ''The Death and Life of Great American Cities' ...

Jane Jacobs
wrote extensively on the connections between the separation of uses and the failure of
urban renewal Urban renewal (also called urban regeneration in the United Kingdom and urban redevelopment in the United States) is a program of land redevelopment often used to address urban decay in cities. Urban renewal is the clearing out of blighted area ...
projects in New York City. She advocated dense mixed use developments and walkable streets. In contrast to villages and towns, in which many residents know one another, and low-density outer suburbs that attract few visitors, cities and inner city areas have the problem of maintaining order between strangers. This order is maintained when, throughout the day and evening, there are sufficient people present with
eyes on the street Natural surveillance is a term used in Crime Prevention Through Environmental Design (CPTED) models for crime prevention. These models rely on the ability to influence offender decisions preceding criminal acts. Research into criminal behavior demo ...
. This can be accomplished in successful urban districts that have a great diversity of uses, creating interest and attracting visitors. Jacob's writings, along with increasing concerns about urban sprawl, are often credited with inspiring the
New Urbanism New Urbanism is an urban design While many assume urban design is about the process of designing and shaping the physical features of cities A city is a large human settlement In geography, statistics and archaeology, a settlement, lo ...

New Urbanism
movement. To accommodate the New Urbanist vision of walkable communities combining ,
restaurant A restaurant is a business Business is the activity of making one's living or making money by producing or buying and selling products (such as goods and services). Simply put, it is "any activity or enterprise entered into for profit." ...

restaurant
s,
office An office is a space where an Organization, organization's employees perform Business administration, administrative Work (human activity), work in order to support and realize objects and Goals, plans, action theory, goals of the organizatio ...

office
s and residential development in a single area, mixed-use zones have been created within some zoning systems. These still use the basic regulatory mechanisms of zoning, excluding incompatible uses such as
heavy industry Heavy industry is an industry Industry may refer to: Economics * Industry (economics) In macroeconomics, an industry is a branch of an economy that produces a closely related set of raw materials, goods, or services. For example, one ...
or
sewage farm Sewage farms use sewage Sewage (or domestic sewage, domestic wastewater, municipal wastewater) is a type of wastewater Wastewater is generated after the use of fresh water Water (chemical formula H2O) is an inorganic, transparent, ta ...
s, while allowing compatible uses such as residential, commercial and retail activities so that people can live, work and socialise within a compact geographic area. Examples include: *
Melbourne Melbourne ( ) is the capital Capital most commonly refers to: * Capital letter Letter case (or just case) is the distinction between the letters that are in larger uppercase or capitals (or more formally ''majuscule'') and smaller ...

Melbourne
, Victoria, Australia *
Baltimore Baltimore ( , locally: ) is the most populous city The United Nations uses three definitions for what constitutes a city, as not all cities in all jurisdictions are classified using the same criteria. Cities may be defined as the city prop ...

Baltimore
, Marylan
Baltimore, MD City Code, Art. 32 § 6-201 (2017).
* Saint Anthony, Idah
St. Anthony, ID Municipal Code §§ 17.06.090-17.06.120


Form-based zoning

Form-based zoning regulates not the type of land use, but the form that land use may take. For instance, form-based zoning in a dense area may insist on low setbacks, high density, and pedestrian accessibility. Form-based codes (FBCs) are designed to directly respond to the physical structure of a community in order to create more walkable and adaptable environments.http://plannersweb.com/wp-content/uploads/2001/04/265.pdf
1916 Zoning Resolution 300px, Midtown Manhattan in 1932, showing the results of the Zoning Resolution: skyscrapers with Setback (architecture), setbacks The 1916 Zoning Resolution in New York City was the first citywide zoning code in the United States. The zoning res ...
also contained elements of form-based zoning. This was a reaction to The which towered over the neighbouring residences, diminishing the availability of sunshine. It mandated setbacks to tall buildings involving a mathematical formula based on the height and
lot Lot or LOT may refer to: Common meanings Areas *Land lot, an area of land *Parking lot, for automobiles *Backlot, in movie production Sets of items *Lot number, in batch production *Lot, a set of goods for sale together in an auction; or a quantit ...
size, and led to the iconic shapes of many
early skyscrapers The early skyscrapers were a range of tall commercial buildings built between 1884 and 1945, predominantly in the American cities of New York City New York City (NYC), often simply called New York, is the List of United States cities by po ...
. New York City went on to develop ever more complex regulations, including floor-area ratio regulations,
air rights Air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning, or renting, land or a building A building, or edifice, is a structure with a roof and walls standing more or less permanently in one pla ...
and others for specific neighborhoods. The French planning system is mostly form-based; zoning codes in French cities generally allow many types of uses. The key differences between zones are based on the density of each use on a site. For example, a low-density zone may have the same permissible uses as a high-density zone. However, the proportion of residential uses in the low-density zone would be greater than in the high-density zone for economic rather than regulatory reasons. The city of
Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,175,601 residents , in an area of more than . Since the 17th century, Paris ha ...

Paris
has used its zoning system to concentrate high density office buildings in the district of
La Défense La Défense () is a major business district A central business district (CBD) is the commercial and business center of a city. It contains commercial space and offices. In larger cities, it is often synonymous with the city's "financial distr ...

La Défense
rather than allow heritage buildings across the city to be demolished to make way for them, as is often the case in London or New York. The construction of the
Montparnasse Tower Tour Maine-Montparnasse (Maine-Montparnasse Tower), also commonly named Tour Montparnasse, is a office skyscraper A skyscraper is a large continuously habitable building having multiple floors. Modern sources currently define skyscrapers as be ...

Montparnasse Tower
in 1973 led to an outcry. As a result, two years after its completion the construction of buildings over seven storeys high in the city centre was banned.


Conditional zoning

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. Conditional use permits (also called special use permits) enable land uses that because of their special nature may be suitable only in certain locations, or arranged or operated in a particular manner. For example: * Local agencies can restrict the time, place and manner in which convenience stores, liquor stores and fast-food outlets operate. * Community gardens can be allowed under specified conditions in certain zones. * As a condition of approval, large mixed-use development projects can be encouraged or required to offer to lease commercial space for a grocery store in a neighborhood that lacks access to healthy foods.


Pattern zoning

Pattern zoning is a zoning technique in which a municipality provides licensed pre-approved building designs, typically with an expedited permitting process. Pattern zoning is used to reduce barriers to housing development, create more affordable housing, reduce burdens on permit-review staff, and create quality housing designs within a certain neighborhood or jurisdiction. Pattern zoning may also be used to promote certain building types such as and affordable small-scale commercial properties. In some cases, a municipality purchases design patterns and constructs the properties themselves while in other cases the municipality offers the patterns for private development.


By country


Australia

The legal framework for land use zoning in Australia is established by States and Territories, hence each State or Territory has different zoning rules. Land use zones are generally defined at local government level, and most often called Planning Schemes. In reality, however in all cases the state governments have an absolute ability to overrule the local decision-making. There are administrative appeal processes such as VCAT to challenge decisions.
Statutory planning Urban planning, also known as regional planning, town planning, city planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, a ...
, 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. Planning and zoning have a great political dimension, with governments often criticized for favouring developers; also nimbyism is very prevalent.


Canada

In Canada, land-use control is a provincial responsibility deriving from the constitutional authority over property and civil rights. This authority had been granted to the provinces under the British North America Acts of 1867 and was carried forward in the Constitution Act, 1982. The zoning power relates to ''real property'', or land and the improvements constructed thereon that become part of the land itself (in Québec, ''immeubles''). The provinces empowered the municipalities and regions to control the use of land within their boundaries, letting the municipalities establish their own zoning by-laws. There are provisions for control of land use in unorganized areas of the provinces. Provincial tribunals are the ultimate authority for appeals and reviews.


France

In France, the Code of Urbanism or :fr:Code de l'urbanisme (France), Code de L'Urbanisme a national law, guides regional and local planning and outlines procedures for obtaining building permits. Unlike England where planners must use their discretion to allow use or building type changes, private development in France is permitted as long as the developer follows the legally-binding regulations.


Japan

Zoning districts are classified into twelve use zones. Each zone determines a building's shape and permitted uses. A building's shape is controlled by zonal restrictions on allowable floor area ratio and height (in absolute terms and in relation with adjacent buildings and roads). These controls are intended to allow adequate light and ventilation between buildings and on roads. Instead of single-use zoning, zones are defined by the "most intense" use permitted. Uses of lesser intensity are permitted in zones where higher intensity uses are permitted but higher intensity uses are not allowed in lower intensity zones.


New Zealand

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


Philippines

Zoning and land use planning in the Philippines is governed by the Department of Human Settlements and Urban Development (DHSUD) and previously by the Housing and Land Use Regulatory Board (HLURB), which lays out national zoning guidelines and regulations, and oversees the preparation and implementation of comprehensive land use plans (CLUPs) and zoning ordinances by city and municipal governments under their mandate in the Local Government Code of 1991 (Republic Act No. 7160). The present zoning scheme used in the Philippines is detailed in the HLURB's Model Zoning Ordinance published in 2014, which outlines 26 basic zone types based on primary usage and building regulations (as defined in the National Building Code), and also includes Public domain (land), public domain and water bodies within the municipality's jurisdiction. Local governments may also add overlays identifying special use zones such as areas prone to natural disasters, ancestral lands of Indigenous peoples of the Philippines, indigenous peoples (IPs), heritage zones, ecotourism areas, transit-oriented developments (TODs), and scenic corridors. Residential and commercial zones are further subdivided into subclasses defined by density, commercial zones also allow for residential uses, and industrial zones are subdivided by their intensity and the environmental impact of the uses allowed. Regulations on residential, commercial, and industrial zones may differ between municipalities, so one municipality may permit 4-storey buildings on medium-density residential zones, while another may only permit 2-storey buildings.


Singapore

The framework for governing land uses in Singapore is administered by the Urban Redevelopment Authority (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.


United Kingdom

The United Kingdom does not use zoning as a technique for controlling land use. British land use control began its modern phase after the Town and Country Planning Act 1947, Town and Country Planning Act of 1947. Rather than dividing municipal maps into land use zones, English planning law places all development under the control of local and regional governments, effectively abolishing the ability to develop land by-right. However, existing development allows land use by-right as long as the use does not constitute a change in the type of land use. A property owner must apply to change land use type of any existing building, and such changes must be consistent with the local and regional land use plans. Development control or planning control is the element of the United Kingdom's system of Town and country planning in the United Kingdom, town and country planning through which Local government in the United Kingdom, local government regulates land use and new building. There are 421 Local Planning Authority, Local Planning Authorities (LPAs) in the United Kingdom. Generally they are the local Borough status in the United Kingdom#Modern borough status, borough or Districts of England#Types, district council or a unitary authority. They each use a discretionary "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. The plan does not provide specific guidance on what type of buildings will be allowed in a given location, rather it provides general principles for development and goals for the management of urban change. Because planning committees (made up of directly elected local councillors) or in some cases planning officers themselves (via delegated decisions) have discretion on each application for development or change of use made, the system is considered a 'discretionary' one. Planning applications can differ greatly in scale, from
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s and new towns to minor modifications to individual houses. In order to prevent local authorities from being overwhelmed by high volumes of small-scale applications from individual householders, a separate system of permitted development has been introduced. Permitted development rules are largely form-based, but in the absence of zoning, are applied at the national level. Examples include allowing a two-storey extension up to three metres at the rear of a property, extensions up to 50% of the original width at each side, and certain types of outbuildings in the garden, provided that no more than 50% of the land area is built over. These are appropriately sized for a typical three bedroom semi-detached property, but must be applied across a wide variety of housing types, from Two-up two-down, small terraces, to larger Single-family detached home, detached properties and manor houses. In August 2020, the UK Government published a consultation document called Planning for the Future. The proposals hint at a move toward zoning, with areas given a Growth, Renewal or Protected designation, with the possibility of "sub-areas within each category", although the document doesn't elaborate on what the details of these might be.


United States

Under the Police power (United States constitutional law), police power rights, state governments may exercise over private real property. With this power, special laws and regulations have long been made restricting the places where particular types of business can be carried on. In 1904, Los Angeles established the nation's first land-use restrictions for a portion of the city.
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adopted the 1916 Zoning Resolution, first zoning regulations to apply city-wide in 1916. 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. Among large populated cities in the United States, Houston is unique in having no zoning local ordinance, ordinances. Rather, land use is regulated by other means.


Scale

Early zoning practices were subtle and often debated. Some claim the practices started in the 1920sRothwell, Jonathan T. and Massey, Douglas S. (2010) "Density Zoning and Class Segregation in U.S. Metropolitan Areas" Social Science Quarterly. Volume 91, Issue 5, pp.1123-1141 while others suggest the birth of zoning occurred in New York in 1916. Both of these examples for the start of zoning, however, were urban cases. Zoning becomes an increasing legal force as it continues to expand in its geographical range through its introduction in other urban centres and use in larger political and geographical boundaries. Regional zoning was the next step in increased geographical size of areas under zoning laws.Whitnall, Gordon (1931) "History of Zoning" Annals of the American Academy of Political and Social Science. Volume 155, Part 2, pp.1-14 A major difference between urban zoning and regional zoning was that "regional areas consequently seldom bear direct relationship to arbitrary political boundaries". This form of zoning also included rural areas which was counter-intuitive to the theory that zoning was a result of population density. Finally, zoning also expanded again but back to a political boundary again with state zoning.


Types in use 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
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, and approved in a landmark decision of the U.S. Supreme Court, Village of Euclid v. Ambler Realty Co. Single-use zoning, 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 governmental latitude in building uses and form than do Euclidean codes. Form-based zoning regulates not the type of land use, but the form that land use may take. For instance, form-based zoning in a dense area may insist on low setbacks, high density, and pedestrian accessibility. FBCs are designed to directly respond to the physical structure of a community in order to create more walkable and adaptable environments.


Social problems in the United States

The United States suffers from greater levels of deurbanization and urban decay than other developed countries, and additional problems such as urban prairies that do not occur elsewhere. Jonathan Rothwell has argued that zoning encourages racial segregation.Rothwell, Jonathan T. and Massey, Douglas S. (2009) "The Effect of Density Zoning on Racial Segregation in U.S. Urban Areas" Urban Affairs Review. Volume 4, Number 6, pp. 779-806 He claims a strong relationship exists between an area's allowance of building housing at higher density and racial integration between blacks and whites in the United States. The relationship between segregation and density is explained by Rothwell and Massey as the restrictive density zoning producing higher housing prices in white areas and limiting opportunities for people with modest incomes to leave segregated areas. Between 1980 and 2000, racial integration occurred faster in areas that did not have strict density regulations than those that did. Rothwell and Massey suggest homeowners and business interests are the two key players in density regulations that emerge from a political economy. They propose that in older states where rural jurisdictions are primarily composed of homeowners, it is the narrow interests of homeowners to block development because tax rates are lower in rural areas, and taxation is more likely to fall on the median homeowner. Business interests are unable to counteract the homeowners' interests in rural areas because business interests are weaker and business ownership is rarely controlled by people living outside the community. This translates into rural communities that have a tendency to resist development by using density regulations to make business opportunities less attractive. Density zoning regulations in the U.S increase residential segregation in the United States, residential segregation in metropolitan areas by reducing the availability of affordable housing in some jurisdictions; other zoning regulations like school infrastructure regulations and growth controls are also variables associated with higher segregation. With more permissive zoning regulations there are lower levels of segregation; desegregation is higher in places with more liberal regulations on zoning, allowing the residents to integrate racially.


See also

* Activity centre * Agricultural protection zoning * Context theory * Ekistics * Exclusionary zoning * Form-based codes * Greenspace (disambiguation) ** Open space reserve ** Urban open space * Inclusionary zoning * Mixed use development * New urbanism * NIMBY * Non-conforming use * Planning permission * Police power (United States constitutional law), Police power * Principles of Intelligent Urbanism * Reverse sensitivity * Road * Single-use zoning * Spot zoning * Statutory planning * Subdivision (land) * Traffic * Variance (land use) * Zoning district * Zoning in the United States


References


Further reading

*Taylor, George ''Town Planning for Australia (Studies in International Planning History)'', Routledge, 2018, . *Gurran, N., Gallent, N. and Chiu, R.L.H. ''Politics, Planning and Housing Supply in Australia, England and Hong Kong (Routledge Research in Planning and Urban Design)'', Routledge, 2016. *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 * Hirt, Sonia. ''Zoned in the USA: The Origins and Implications of American Land-Use Regulation'' (Cornell University Press, 2014) 245 pp
online review
* Stephani, Carl J. and Marilyn C. ''ZONING 101, originally published in 1993 by the National League of Cities, now available in a Third Edition, 2012.''


External links


ZoningPoint
– A searchable database of zoning maps and zoning codes for every county and municipality in the United States.
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


* [https://web.archive.org/web/20140617223349/http://www.faulkandfoster.com/services/real-estate-zoning-compliance/ Zoning Compliance and Zoning Certification - Analysis and Reporting]
Land Policy Institute at Michigan State University
* By Bradley C. Karkkainen (1994)

Journal of Land Use & Environmental Law {{Authority control Zoning, Urban planning