The Tools of Land Use Planning

Zoning

Introduction

•The Basic Means of Controlling Land Use

•Use Regulations

•Intensity Regulations

•Bulk Regulations

Introduction

•Zoning can be Implemented in Varying Ways

•Simple and Effective

•Simple and Ineffective

•Sophisticated and Ineffective

•Sophisticated and Effective

History of Zoning

•Began as a Means of Protecting Public Health and Safety

•Tenement Houses in Inner Cities

•Air, Light, Structural Density

•Conflicts Between Residential and Industrial Uses

•Nuisances

•Incompatibility

History of Zoning

• City Leaders Wanted a Way to Realize Grand Plans

• City Beautiful

• Garden Cities

• Implementing Plans was Difficult on a Voluntary Basis

History of Zoning

•New York City became first American city to utilize zoning

•1916

•Responded to concerns about tenements and industry

•Was applied on a block-by-block and lot-by-lot basis

•Included detailed design and setback requirements

•Initial zones determined by boundaries of existing neighborhoods and neighborhood activity

•Reinforced existing activity patterns rather than predict future patterns

History of Zoning

• Zoning was used in Europe in late 19th Century

• Primarily Germany

• Used to regulate land use in city periphery

• Primarily a tool for residential use & activity

• Contrast with NYC, which used zoning within city and for commercial structures

• Early U.S. experience not so pristine

• Tool of exclusion based on race (San Francisco) and class (NYC)

History of Zoning

• Standard State Zoning Enabling Act (SZEA)

• Developed in 1922, amended in 1926

• Model Zoning Legislation

• Commissioned by the Department of Commerce

• Ultimately adopted by all 50 states

• With few exceptions, it still remains in effect in the same form

• Adopted as either mandatory or enabling legislation

History of Zoning

• Village of Euclid v. Ambler Realty Company

• 272 U.S. 365 (1926)

• Origin of the term “Euclidean Zoning”

• Supreme Court upheld the concept of Comprehensive Zoning

• Incompatible land uses should be separated

• Separation based on a zoning “pyramid” – cumulative zoning

R

RCI

RC

The Power to Zone

•Zoning is an Exercise of the Police Powers

•Zoning can do nothing but further the public health, safety, welfare and general well-being

•This power is delegated to localities through enabling legislation

Implementing Zoning

•The Map

•The Text

•The Distribution of Decisions

Implementing Zoning

• The Map

• This is half the ordinance

• Delineates zoning districts

• Must be updated and concurrent with text of ordinance

Zoning Implementation

•The Text

•“Black and White”

•Bound to have holes in it

•It is the rulebook all players must abide by

•Government, Public, Developers

Implementing Zoning

• Use, Bulk and Intensity Requirements

• Procedures

• Variances

• Appeals

• Non-Conforming Uses

• Discretionary Review

• Enforcement

Implementing Zoning (Table of Permissible Uses)

Implementing Zoning (Intensity Regulations)

Distribution of Zoning Authority

•Governing Body (Legislative Decisions)

•Planning Commission (Advisory Decisions)

•Board of Adjustment (Quasi-Judicial Decisions)

•Planning Staff (Administrative Decisions)

Pros & Cons of Traditional Zoning

• Pros

• Certainty

• Separation

• Development Review

• Cons

• Uncertainty

• Lack of Flexibility

• Doesn’t work on Auto-Pilot

Flexibility in Zoning

• Bonus / Incentive Zoning

• Bonuses are granted to developments that help city achieve other policy objectives

• Housing

• Open Space

TDRs

• Transfer of Development Rights

• Greenfield / Brownfield

• Historic Preservation

• Lot Consolidation

Inclusionary Zoning

• Affordable Housing

• Usually coordinated with Sec. 8 (voucher) programs

• Proportional set-asides

Cluster Zoning

• Preserves open space

• Tradeoff between lot size and amenity values

• Tradeoff between profit potentials

• large lots

• decreased development costs

Form-Based Codes