Zoning regulations
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Zoning is a method of
urban planning Urban planning, also known as town planning, city planning, regional 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, ...
in which a
municipality A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
or other tier of
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
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, industrial), 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, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and the
City of Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...
,
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
. Zoning laws that limit the construction of new housing (like
single-family zoning Single-family zoning is a type of planning restriction applied to certain residential zones in the United States and Canada in order to restrict development to only allow single-family detached homes. It disallows townhomes, duplexes, and multi-f ...
) are associated with reduced affordability and are a major factor in residential segregation in the United States by income and race.


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 lots (such as open space, residential, agricultural,
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 s ...
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 and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether i ...
such as single family homes to high-density such as high-rise apartment buildings), the height of buildings, the amount of space structures may occupy, the location of a building on the lot ( setbacks), the proportions of the types of space on a lot, such as how much landscaped space,
impervious surface Impervious surfaces are mainly artificial structures—such as pavements (roads, sidewalks, driveways and parking lots, as well as industrial areas such as airports, ports and logistics and distribution centres, all of which use considerable p ...
, traffic lanes, and whether or not parking is provided. Zoning is commonly controlled by local governments such as
counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
or
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
, 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, Seychelle ...
, 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 and statistics, variance is the expectation of the squared deviation of a random variable from its population mean or sample mean. Variance is a measure of dispersion, meaning it is a measure of how far a set of numbe ...
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. 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 ( B&S): *''tiw'') was a royal dynasty of China that followed the Shang dynasty. Having lasted 789 years, the Zhou dynasty was the longest dynastic regime in Chinese history. The military control of China by ...
(1046 – 256 BC), in India during the
Vedic Era The Vedic period, or the Vedic age (), is the period in the late Bronze Age and early Iron Age of the history of India when the Vedic literature, including the Vedas (ca. 1300–900 BCE), was composed in the northern Indian subcontinent, betw ...
(1500 – 500 BC), and in the military camps that spread throughout the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post- Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediter ...
(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, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
(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 and
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
, 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 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 th ...
'' 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. As of the 2020 census, the city had a total population of 49,692. History The City of Euclid was originally a part of Euclid Township, first m ...
, which established its constitutionality, ''
Village of Euclid, Ohio v. Ambler Realty Co. ''Village of Euclid v. Ambler Realty Co.'', 272 U.S. 365 (1926), more commonly ''Euclid v. Ambler'', was a United States Supreme Court landmark case argued in 1926. It was the first significant case regarding the relatively new practice of zoning. ...
'' , 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 plants A power station, also referred to as a power plant and sometimes generating station or generating plant, is an industrial facility for the generation of electric power. Power stations are generally connected to an electrical grid. Many pow ...
, sports complexes,
airport An airport is an aerodrome with extended facilities, mostly for commercial air transport. Airports usually consists of a landing area, which comprises an aerially accessible open space including at least one operationally active surfa ...
s,
shopping mall A shopping mall (or simply mall) is a North American term for a large indoor shopping center, usually anchored by department stores. The term "mall" originally meant a pedestrian promenade with shops along it (that is, the term was used to refe ...
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 houses,
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 re ...
s,
motel A motel, also known as a motor hotel, motor inn or motor lodge, is a hotel designed for motorists, usually having each room entered directly from the parking area for motor vehicles rather than through a central lobby. Entering dictionarie ...
s. # Residential occupancies containing sleeping units or more than two
dwelling unit A housing unit, or dwelling unit, (at later mention often abbreviated to ''unit'') is a structure or the part of a structure or the space that is used as a home, residence, or sleeping place by one person or more people who maintain a common hous ...
s where the occupants are primarily permanent in nature, including: apartment houses,
convent A convent is a community of monks, nuns, religious brothers or, sisters or priests. Alternatively, ''convent'' means the building used by the community. The word is particularly used in the Catholic Church, Lutheran churches, and the Anglic ...
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 s ...
. # 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 A planned community, planned city, planned town, or planned settlement is any community that was carefully planned from its inception and is typically constructed on previously undeveloped land. This contrasts with settlements that evolve ...
designed before the advent of zoning. A notable example is
Adelaide Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...
in South Australia, whose city centre, along with the suburb of
North Adelaide North Adelaide is a predominantly residential 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 Colonel William Light of the colo ...
, 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 between Hackney and Thebarton and separating the City of Adelaide area (which includes both Adelaide city centre and North Adelaide) from the sur ...
. 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 was a 20th century urban planning movement promoting satellite communities surrounding the central city and separated with greenbelts. These Garden Cities would contain proportionate areas of residences, industry, and ...
, 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''. ...
, 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) or shopping centre ( Commonwealth English), also called a shopping complex, shopping arcade, shopping plaza or galleria, is a group of shops built together, sometimes under one roof. The first known colle ...
inspired by
the Crystal Palace The Crystal Palace was a cast iron and plate glass structure, originally built in Hyde Park, London, to house the Great Exhibition of 1851. The exhibition took place from 1 May to 15 October 1851, and more than 14,000 exhibitors from around th ...
. 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 or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
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 primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, Australia and
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, in which a very dense
urban core A city centre is the commercial, cultural and often the historical, political, and geographic heart of a city. The term "city centre" is primarily used in British English, and closely equivalent terms exist in other languages, such as "" in Fre ...
, often containing skyscrapers, is surrounded by low density residential suburbs, 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 is ''control''. The garden can incorporate bot ...
s and leafy streets. Some metropolitan areas such as Minneapolis–St Paul, the
San Francisco Bay Area The San Francisco Bay Area, often referred to as simply the Bay Area, is a populous region surrounding the San Francisco, San Pablo, and Suisun Bay estuaries in Northern California. The Bay Area is defined by the Association of Bay Area Go ...
, and Sydney have several such cores.


Mixed-use zoning

Planning and community activist
Jane Jacobs Jane Jacobs (''née'' Butzner; 4 May 1916 – 25 April 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 ...
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 involves the clearing out of blighte ...
projects in New York City. She advocated dense
mixed use development Mixed-use is a kind of urban development, urban design, urban planning and/or a zoning type that blends multiple uses, such as residential, commercial, cultural, institutional, or entertainment, into one space, where those functions are to some ...
s 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 de ...
. 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 movement which promotes environmentally friendly habits by creating walkable neighbourhoods containing a wide range of housing and job types. It arose in the United States in the early 1980s, and has gradually i ...
movement. To accommodate the New Urbanist vision of walkable communities combining
cafés A coffeehouse, coffee shop, or café is an establishment that primarily serves coffee of various types, notably espresso, latte, and cappuccino. Some coffeehouses may serve cold drinks, such as iced coffee and iced tea, as well as other non-c ...
, restaurants,
office An office is a space where an organization's employees perform administrative work in order to support and realize objects and goals of the organization. The word "office" may also denote a position within an organization with specific du ...
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 that involves one or more characteristics such as large and heavy products; large and heavy equipment and facilities (such as heavy equipment, large machine tools, huge buildings and large-scale infrastructure); o ...
or
sewage farm Sewage farms use sewage for irrigation and fertilizing agricultural land. The practice is common in warm, arid climates where irrigation is valuable while sources of fresh water are scarce. Suspended solids may be converted to humus by microbes an ...
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 ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
, Victoria, Australia *
Baltimore Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
, 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 code A Form-Based Code (FBC) is a means of regulating land development to achieve a specific urban form. Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the or ...
s (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 New York's
1916 Zoning Resolution The 1916 Zoning Resolution in New York City was the first citywide zoning code in the United States. The zoning resolution reflected both borough and local interests, and was proposed after the Equitable Building was erected in Lower Manhatta ...
also contained elements of form-based zoning. This was a reaction to The Equitable Building 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 size, and led to the iconic shapes of many early skyscrapers. 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 includes the right to use and build in the space above the land without interference by others. This lega ...
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 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), ma ...
has used its zoning system to concentrate high density office buildings in the district of 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 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 missing middle housing 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, 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 ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
. 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 Code de l’urbanisme (called the Town Planning Code )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 Floor area ratio (FAR) is the ratio of a building's total floor area (gross floor area) to the size of the piece of land upon which it is built. It is often used as one of the regulations in city planning along with the building-to-land ratio. The ...
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 The Department of Human Settlements and Urban Development ( fil, Kagawaran ng Pananahanang Pantao at Pagpapaunlad ng Kalunsuran), abbreviated as DHSUD, is the executive department of the Philippine government responsible for the management of ...
(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 Codification of laws is a common practice in the Philippines. Many general areas of substantive law, such as criminal law, civil law and labor law are governed by legal codes. Tradition of codification Codification is predominant in countrie ...
(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 The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
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 land Ancestral domain or ancestral lands refers to the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indica ...
s of
indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
(IPs), heritage zones,
ecotourism Ecotourism is a form of tourism involving responsible travel (using sustainable transport) to natural areas, conserving the environment, and improving the well-being of the local people. Its purpose may be to educate the traveler, to provide fund ...
areas,
transit-oriented development In urban planning, transit-oriented development (TOD) is a type of urban development that maximizes the amount of residential, business and leisure space within walking distance of public transport. It promotes a symbiotic relationship between ...
s (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 The Urban Redevelopment Authority (URA) is the national urban planning authority of Singapore, and a statutory board under the Ministry of National Development of the Government of Singapore. Mission The authority was established on 1 April ...
(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 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 Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
through which
local government Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-l ...
regulates
land use Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long ...
and new building. There are 421 Local Planning Authorities (LPAs) in the United Kingdom. Generally they are the local
borough A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle A ...
or district council or a
unitary authority A unitary authority is a local authority responsible for all local government functions within its area or performing additional functions that elsewhere are usually performed by a higher level of sub-national government or the national governmen ...
. They each use a discretionary "plan-led system" whereby
development plan A development plan sets out a local authority's policies and proposals for land use in their area. The term is usually used in the United Kingdom. A Local Plan is one type of development plan. The development plan guides and shapes day-to-day dec ...
s are formed and the public consulted. Subsequent development requires
planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building per ...
, 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
airport An airport is an aerodrome with extended facilities, mostly for commercial air transport. Airports usually consists of a landing area, which comprises an aerially accessible open space including at least one operationally active surfa ...
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 The Town and Country Planning (General Permitted Development) (England) Order 2015 (the "GPDO 2015") is a statutory instrument, applying in England, that grants planning permission for certain types of development (such development is then ref ...
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 A semi-detached house (often abbreviated to semi) is a single family duplex dwelling house that shares one common wall with the next house. The name distinguishes this style of house from detached houses, with no shared walls, and terraced hou ...
property, but must be applied across a wide variety of housing types, from small terraces, to larger detached properties and
manor house A manor house was historically the main residence of the lord of the manor. The house formed the administrative centre of a manor in the European feudal system; within its great hall were held the lord's manorial courts, communal meals w ...
s. 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 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 Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the List of municipalities in California, largest city in the U.S. state, state of California and the List of United States cities by population, sec ...
established the nation's first land-use restrictions for a portion of the city.
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
adopted the first zoning regulations to apply city-wide in 1916. The constitutionality of zoning ordinances was upheld by the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in the 1926 case
Village of Euclid, Ohio v. Ambler Realty Co. ''Village of Euclid v. Ambler Realty Co.'', 272 U.S. 365 (1926), more commonly ''Euclid v. Ambler'', was a United States Supreme Court landmark case argued in 1926. It was the first significant case regarding the relatively new practice of zoning. ...
Among large populated cities in the United States,
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...
is unique in having no zoning 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
Euclid, Ohio Euclid is a city in Cuyahoga County, Ohio, United States. It is an inner ring suburb of Cleveland. As of the 2020 census, the city had a total population of 49,692. History The City of Euclid was originally a part of Euclid Township, first m ...
, and approved in a landmark decision of the U.S. Supreme Court,
Village of Euclid v. Ambler Realty Co. ''Village of Euclid v. Ambler Realty Co.'', 272 U.S. 365 (1926), more commonly ''Euclid v. Ambler'', was a United States Supreme Court landmark case argued in 1926. It was the first significant case regarding the relatively new practice of 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 code A Form-Based Code (FBC) is a means of regulating land development to achieve a specific urban form. Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the or ...
s 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 Urban decay (also known as urban rot, urban death or urban blight) is the sociological process by which a previously functioning city, or part of a city, falls into disrepair and decrepitude. There is no single process that leads to urban deca ...
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 Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
.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 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. Metropolitan areas that allowed higher density development moved rapidly toward racial integration than their counterparts with strict density limitations. The greater the allowable density, the lower the level of racial segregation.


Criticism

Environmental activists 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 defined as "the spreading of urban developments (such as houses and shopping centers) on undeveloped land near a city." Urban sprawl has been described as the unrestricted growt ...
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 systems providing passenger service within and around urban or suburban areas. The set of urban rail systems can be roughly subdivided into the following categories ...
and
metro Metro, short for metropolitan, may refer to: Geography * Metro (city), a city in Indonesia * A metropolitan area, the populated region including and surrounding an urban center Public transport * Rapid transit, a passenger railway in an urb ...
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 Hans may refer to: __NOTOC__ People * Hans (name), a masculine given name * Hans Raj Hans, Indian singer and politician ** Navraj Hans, Indian singer, actor, entrepreneur, cricket player and performer, son of Hans Raj Hans ** Yuvraj Hans, Punjabi a ...
. Another avenue of criticism of zoning laws comes from libertarians and minarchists 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. Other critics of zoning argue that zoning laws are a disincentive to provide housing which results in an increase in housing costs and a decrease in productive economic output. For example, A 2017 study showed that if all states deregulated their zoning laws only halfway to the level of Texas, a state known for low zoning regulations, their GDP would increase by 12 percent due to more productive workers and opportunity. Furthermore, critics note that it impedes the ability of those that wish to provide charitable housing from doing so. For example, in 2022, Gloversville's Free Methodist Church in New York wished to provide 40 beds for the homeless population in -4 degree weather and were inhibited from doing so. Some have argued that zoning laws increase
economic inequality There are wide varieties of economic inequality, most notably income inequality measured using the distribution of income (the amount of money people are paid) and wealth inequality measured using the distribution of wealth (the amount of ...
.


See also

*
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. For example, the central business districts of cities (CBD) are also known as “Central Activ ...
*
Agricultural protection zoning Agricultural zoning is a land management tool that refers to local zoning designations made by local jurisdictions that are intended to protect farmland and farming activities from incompatible land uses. Agricultural zoning can specify many fact ...
*
Context theory Prototype theory is a theory of categorization in cognitive science, particularly in psychology and cognitive linguistics, in which there is a graded degree of belonging to a conceptual category, and some members are more central than others. It ...
*
Ekistics Ekistics is the science of human settlements Doxiadis, Konstantinos ''Ekistics'' 1968 including regional, city, community planning and dwelling design. Its major incentive was the emergence of increasingly large and complex conurbations, tending ...
*
Exclusionary zoning Exclusionary zoning is the use of zoning ordinances to exclude certain types of land uses from a given community, especially to regulate racial and economic diversity. In the United States, exclusionary zoning ordinances are standard in almost all ...
* Fenceline community *
Form-based codes A Form-Based Code (FBC) is a means of regulating land development to achieve a specific urban form. Form-Based Codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the or ...
* Greenspace (disambiguation) **
Open space reserve An open space reserve (also called open space preserve, open space reservation, and green space) is an area of protected or conserved land or water on which development is indefinitely set aside. The purpose of an open space reserve may include ...
**
Urban open space In land-use planning, urban green space is open-space areas reserved for parks and other "green spaces", including plant life, water features -also referred to as blue spaces- and other kinds of natural environment. Most urban open spaces are ...
*
Inclusionary zoning Inclusionary zoning (IZ), also known as inclusionary housing, 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. The term ''inclusionary'' zon ...
*
Locally unwanted land use In land-use planning, a locally unwanted land use (LULU) is a land use that creates externality costs on those living in close proximity. These costs include potential health hazards, poor aesthetics, or reduction in home values. LULUs often gra ...
*
Mixed use development Mixed-use is a kind of urban development, urban design, urban planning and/or a zoning type that blends multiple uses, such as residential, commercial, cultural, institutional, or entertainment, into one space, where those functions are to some ...
*
New urbanism New Urbanism is an urban design movement which promotes environmentally friendly habits by creating walkable neighbourhoods containing a wide range of housing and job types. It arose in the United States in the early 1980s, and has gradually i ...
*
NIMBY NIMBY (or nimby), an acronym for the phrase "not in my back yard", is a characterization of opposition by residents to proposed developments in their local area, as well as support for strict land use regulations. It carries the connotation that ...
* Non-conforming use *
Planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building per ...
* Police power * Principles of Intelligent Urbanism * Reverse sensitivity *
Road A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets, the main function of roads is transportation. There are many types of ...
* Single-use zoning *
Spot zoning Spot zoning is the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. Spot zoning may be ruled invalid as an "arbi ...
* Statutory planning * Subdivision (land) *
Traffic Traffic comprises pedestrians, vehicles, ridden or herded animals, trains, and other conveyances that use public ways (roads) for travel and transportation. Traffic laws govern and regulate traffic, while rules of the road include traffi ...
*
Variance (land use) A variance is a 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 ...
*
YIMBY The YIMBY movement (short for "yes, in my back yard") is a pro-housing movement in contrast and opposition to the NIMBY ("''not'' in my back yard") phenomenon. The YIMBY position supports increasing the supply of housing within cities where hous ...
*
Zoning district Zoning is a method of urban planning in which a municipality or other tier of 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 si ...
*
Zoning in the United States 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 ...


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


* ttps://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 Urban planning