Why zoning is important

The zoning ordinance establishes permitted land uses and distinguishes between different land use types. Further, it ensures that incompatible land uses are not located adjacent to one another. The zoning ordinance often also contains information relating to the need for a planning permit for a change of use or development proposal, subdivision of land, construction of new buildings, and other changes to the land Victorian State Government Zoning ordinances usually consist of zoning districts and overlays.

For example, in New York City there are three zoning districts: residential, commercial, and manufacturing.

Each of these districts is then further broken down to a range of low-, medium-, and high-density residential, commercial, and manufacturing districts. Zoning overlays are special purpose zoning districts that are designed to stimulate a particular set of site conditions and outcomes.

They are tailored to the specific needs of certain neighborhoods. For example, a commercial overlay may be allowed on a residential block to provide retail on the ground floor of neighborhood homes. Overlays may also impose height limits or other physical limitations to shape the built environment in a certain way or to protect historic characteristics or waterfront views. Most zoning regulations also set requirements for the FAR of a development, which often differ from locality to locality.

A FAR outlines the intensity of the site use, not the height or site coverage. For example, on a 10, square foot zoning lot in a district with a maximum FAR of 1. Can zoning regulations be amended? The zoning ordinance is a legal framework, but it must also be flexible enough to accommodate and guide development. Amendments can be made to alter it either by the local authority or by the public.

As such, it must have planning merit and be consistent with the future strategic directions for the local government. Zoning amendments are especially important in urban regeneration projects, as governments can use them to increase the building volume allowed for development to be profitable and attractive enough to the private sector see chapter 1.

In most cases, either a zoning text amendment changing the zoning regulations or a zoning map amendment changing the zoning designation is necessary to allow for a specific development in a specific location or configuration, currently not permitted. Zoning laws are a way that communities and governments direct the development of real estate. They have a significant impact on the operation of a business or on developers wanting to build in the area. The implementation of zoning regulations allows specific areas or zones within a city or community to be designated for an explicit use.

Thoughtful planning related to zoning regulations ensures the development of necessary and sufficient infrastructure to support residents, businesses, and industrial facilities. Development within a specific zoned area can be bound by certain restrictions and rules. For example, an area that is zoned for residential use might only include the development of single-family dwellings.

This protects residents and their families from unwanted commercial traffic and other environmental hazards from being built too close to them. Other restrictions can include the size, height, and type of building materials used to build a home within a zoned area. Zoning laws, in general, are designed to separate residential properties from commercial properties.

They are intended to prevent oil refineries, manufacturing plants, or other types of businesses from building in residential neighborhoods. Zoning can preserve existing structures. Zoning can prevent the mixing of incompatible land uses such as erotic dance clubs and schools. Zoning can allow potential nuisance uses to be located away from residential neighborhoods or other sensitive areas.

Zoning can provide for better lot arrangement. Zoning can protect recreational areas and open space. Politics can influence the decisions, in the sense that elected officials may be afraid to go against popular demand.

In smaller towns especially, popularity of the person applying for the zoning change often influences whether it is granted. And sometimes the rezoning is inappropriate when it is influenced by these outside factors. Even if that doesn't occur, suppose the zoning ordinance law itself isn't very well crafted, or that conditions in society have changed and the ordinance didn't change with the times. Then zoning can have unintended consequences and actually prevent economic development, flexible provisions for affordable housing, and other things that are good for your community.

So what are the alternatives to zoning? The new one arising from the architectural community is called form-based code , and as the name implies, it relies on regulating building placement and building characteristics rather than the activity that is going to happen inside the building. Another alternative is simply to rely on private deed restrictions. Houston is the largest American city not to employ zoning as its primary land use control, although it has taken the unusual step of making some such restrictions enforceable by the city.

A deed restriction means that a property owner, such as the person who owns the land before it is subdivided, makes binding restrictions on future owners of the land. So a builder of a residential subdivision could prohibit any future owners from commercial development, for instance.

Judging by the frequency with which this website receives requests for information about how to change deed restrictions, not all future owners are happy with this system, let's just say.

But it's an alternative. In sum, zoning is important only for those who want the most tried-and-true system of preserving property values by prohibiting inappropriate land uses and encouraging appropriate neighboring uses.