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. 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 (1046 – 256 BC), in India during the Vedic Era (1500 – 500 BC), and in the military camps that spread throughout the Roman Empire (31 BC – 476 AD). Throughout the Age of Enlightenment and Industrial Revolution, cultural and socio-economic shifts led to the rapid increase in the enforcement and invention of urban regulations. Separation between uses is a feature of many planned cities designed before the advent of zoning. A notable example is Adelaide in South Australia, whose city centre, along with the suburb of North Adelaide, is surrounded on all sides by a park, the Adelaide Park Lands. The park was designed by Colonel William Light 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, 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, 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 inspired by the Crystal Palace. 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. The first modern zoning systems were applied in the United States with the Los Angeles zoning ordinances of 1904 == 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. The main approaches include use-based, form-based, performance and incentive zoning. There are also several additional zoning provisions used in combination with the main approaches. Main approaches to zoning Use-based zoning Use-based or functional zoning Single-use zoning , Australia, looking towards Sydney. The boundaries between low density residential, commercial and industrial zones are clearly visible. The primary purpose of single-use zoning is to geographically separate 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. Single-use zoning is where only one kind of use is allowed per zone, or district. It is also known as exclusionary zoning It has been the dominant system of zoning in North America, especially the United States, since its first implementation. Each category can have a number of sub-categories, for example, within the commercial category there may be separate districts for small retail, large retail, office use, lodging and others, while industrial may be subdivided into heavy manufacturing, light assembly and warehouse uses. Special districts may also be created for purposes like public facilities, recreational amenities, and green space. This order is maintained when, throughout the day and evening, there are sufficient people present with eyes on the street. This can be accomplished in successful urban districts that have a great diversity of uses, creating interest and attracting visitors. Jacobs' writings, along with increasing concerns about urban sprawl, are often credited with inspiring the New Urbanism movement. To accommodate the New Urbanist vision of walkable communities combining cafés, restaurants, offices 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 or sewage farms, while allowing compatible uses such as residential, commercial and retail activities so that people can live, work and socialise within a compact geographic area. The mixing of land uses is common throughout the world. Mixed-use zoning has particular relevance in the United States, where it is proposed as a remedy to the problems caused by widespread single-use zoning. Form-based zoning Form-based or intensity 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. The French planning system is mostly form-based; zones in French cities generally allow many types of uses. The city of Paris 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. Performance zoning Performance zoning, also known as flexible or impact zoning or effects-based planning, was first advocated by Lane Kendig in 1973. It uses performance-based or goal-oriented criteria to establish review parameters for proposed development projects. Performance zoning is flexible, logical, and transparent while offering a form of accountability. These qualities are in contrast with the seemingly arbitrary nature of use-based zoning. Performance zoning can also fairly balance a region's environmental and housing needs across local jurisdictions. Performance zoning balances principles of markets and private property rights with environmental protection goals. The public benefits most often incentivised by US cities are "mixed-use development, open space conservation, walkability, affordable housing, and public parks." Additional provisions Additional zoning provisions exist that are not their own distinct types of zoning but seek to improve existing varieties through the incorporation of flexible practices and other elements such as information and communication technologies (ICTs). Smart zoning Smart zoning is a broad term that consists of several alternatives to use-based zoning that incorporate information and communication technologies. There are a number of different techniques to accomplish smart zoning. Floating zones, cluster zoning, and planned unit developments (PUDs) are possible—even as the conventional use-based code exists—or the conventional code may be completely replaced by a smart performance or form-based code, as the city of Miami did in 2019. The incorporation of ICTs to measure metrics such as walkability, and the flexibility and adaptability that smart zoning can provide, have been cited as advantages of smart zoning over "non-smart" performance or form-based codes. When the criteria for implementation of a floating zone are met, the floating zone ceases "to float" and its location is established by a zoning amendment. although existing residents may often disapprove due to a reduction in lot sizes. Planned unit development (PUD) The term planned unit development (PUD) can refer either to the regulatory process or to the development itself. A PUD groups multiple compatible land uses within a single unified development. Rather than being governed by standard zoning ordinances, the developer negotiates terms with the local government. 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. Hybrid zoning A hybrid zoning code combines two or more approaches, often use-based and form-based zoning. Hybrid zoning can be used to introduce form and design considerations into an existing community's zoning without completely rewriting the zoning ordinance. An advantage of composite zoning is the ability to create flexible zoning districts for smoother transitions between adjacent properties with different uses. Overlay zoning An overlay zone is a zoning district that overlaps one or more zoning districts to address a particular concern or feature of that area, such as wetlands, historic buildings or transit-oriented development. Overlay zoning has the advantage of providing targeted regulation to address a specific issue, such as a natural hazard, without having to significantly rewrite an existing zoning ordinance. However, development of overlay zoning regulation often requires significant technical expertise. are based on the concept that with land ownership comes the right of use of land, or land development. These land-based development rights can, in some jurisdictions, be used, unused, sold, or otherwise transferred by the owner of a parcel. These are typically used to transfer development rights from rural areas (sending sites) to urban areas (receiving sites) with more demand and infrastructure to support development. While a jurisdiction can rezone even a single parcel of land in some cases, spot zoning is often disallowed when the change would conflict with the policies and objectives of existing land-use plans. Other factors that may be considered in these cases are the size of the parcel, the zoning categories involved, how adjacent properties are zoned and used, and expected benefits and harms to the landowner, neighbors, and community. The conditions may be more or less restrictive than the standard zoning. It typically involves loosening restrictions on how the property can be used. Contract zoning is controversial and sometimes prohibited because it deviates from the broader planning process and has been considered an illegal bargaining away of the government's police powers to enforce zoning. ==Effectiveness and 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 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 and metro systems. Some economists claim that zoning laws work against economic efficiency, reduce responsiveness to consumer demands 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. The Houston example of non-zoning or private zoning with no restriction on particular land use but with other development code shows a combination of private and public planning. 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 weather and were inhibited from doing so. Corruption is a challenge for zoning. Some have argued that zoning laws increase economic inequality. Empirical effectiveness estimates show some zoning approaches can contribute to housing crisis. ==Alternatives==

In Houston, Texas, the lack of a local zoning ordinance means that property owners make heavy use of deed restrictions to prevent unwanted development. This practice is sometimes known as "private zoning". Non-zoned land regulations can still include requirements like minimum lot size and setbacks. ==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 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 (, also 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 and height (in absolute terms and in relation with adjacent buildings and roads). Local governments may also add overlays identifying special use zones such as areas prone to natural disasters, ancestral lands of 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. 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. South Africa There are five (5) zoning categories in South Africa; residential, business, industrial, agricultural, and open space zoning. These five categories are further classified into subcategories. The zoning categories are governed by the Spatial Planning and Land Use Management Act enacted in 2016. To change a land use from one zone to another requires a process of rezoning. 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 airports 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 small terraces, to larger detached properties and manor houses. In August 2020, the UK Government published a consultation document called Planning for the Future. The proposals hinted at a move toward zoning in England, with areas given a Growth, Renewal or Protected designation, with the possibility of "sub-areas within each category", although the document did not elaborate on what the details of these might have been. Nothing was done with these proposals and following the 2024 general election there are no plans for the UK to adopt zoning within its planning system. United States , 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 established the nation's first land-use restrictions for a portion of the city. New York City adopted the 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 ordinances. The city instead has a proliferation of private deed restrictions Scale Early zoning practices were subtle and often debated. Some claim the practices started in the 1920s 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. A major difference between urban zoning and regional zoning was that "regional areas consequently seldom bear direct relationship to arbitrary political boundaries". Single-use zoning in the United States Single-use zoning takes two forms, flat and hierarchical, also known as cumulative or pyramidal. Under flat zoning, each district is strictly designated for one use. In a simple hierarchical zoning system, districts are organized with residential (the most sensitive and least disruptive category) at the top, followed by commercial and industrial. Residential and commercial buildings are allowed in industrial zones and residential buildings are allowed in commercial zones. 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. 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. 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. The first formal zoning ordinance in the United States was aimed at racial segregation. In 1885, the city of Modesto, California passed a law restricting the establishment of laundries into the city's Chinatown, a move aimed at stopping the encroachment of Chinese immigrants into previously white areas of the city. ==See also==