zoning

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Zoning

Laws at the municipal level regulating the uses of real property in certain areas. For example, land in a certain area may be zoned only for commercial use or residential use. Zoning laws exist to improve the quality of life in a local area; for instance, they guard against an oil refinery being placed in an area where families with children live. Depending on the laws of the municipality, zoning laws may be suspended at certain times for certain developments, especially those likely to result in an economic boon for the community.

zoning

The regulation of the uses of property; the density of populations employing those uses; and the kinds,sizes,and proportions of structures that can be erected on property.Zoning was first put into place in New York City in 1916 as a reaction against the construction of the Equitable Building, because its 41-story height cast shadows over neighboring residences and affected people's quality of life.The concept soon caught on and was enacted by nearly every city and town in America as a function of their police power. Today, Houston,Texas, is the only major American city with no zoning regulations at all.

• Acurrent use of property that is no longer permitted after a zoning change may be allowed to continue for some period of time. Purchasers of such properties should make sure the use will still be allowed, if that is important. Purchasers of nearby properties should not make assumptions about zoning merely because of what already exists nearby.

• Zoning variances—permission for nonconforming uses—are typically granted only if it would be a hardship on the property to do otherwise. An economic hardship on the owner is irrelevant. Hardship is usually found only when the property has no other practical use other than the one planned and there is a need in the community for that use.

• Zoning variances, when granted, usually contain some requirements not otherwise demanded of other property owners, including such things as facade renovation of an older building, the necessity for off-street parking, or any number of other demands.

• Euclidean zoning, also known as building block zoning, is the most common. It is named for the town of Euclid, Ohio, which provided the test case for Supreme Court review and confirmation as constitutional. Land is divided into specific geographical districts with permitted uses within each type of district. Districts are usually designated R1 for single-family residential, R2 for two-family homes, R3 for multifamily, and so on. Its proponents like the long history of interpretation and the ease of implementation. Its critics say it lacks flexibility and fossilizes outdated theories of land-use planning.

• Performance zoning uses goal-oriented criteria to establish guidelines for the intensity of land use and the impact on infrastructure and on surrounding areas. It employs four major concepts: open-space ratio, impervious surface ratio (roads and parking lots), floor area ratio, and density. Zoning districts have descriptions such as wilderness districts, agricultural districts, and development districts. Proponents like the flexibility, but critics say the system is too complicated.

• Incentive zoning is a rewards-based system that seeks to encourage development to meet a city's needs. The system starts with standard restrictions on building size and height and occupancy densities, and then offers bonuses if developers will include needed amenities such as low-income housing, transit access, or beautification features. By agreeing to the bonus items, the developer may increase the densities or gain other variances.

• Design-based zoning is used in newer mixed-use urban planning models. It concentrates on building design and compatibility in an area rather than specific uses. Zoning districts might be called traditional neighborhood, suburban neighborhood, or transit-oriented development.

References in periodicals archive ?
The facts of this case clearly show that the city uses zoning laws to penalize churches and houses of worship," said Francis J.
In 1916, New York's first zoning law was enacted to prevent developers from building towers without enough land around it to accommodate pedestrian traffic.
Zoning laws forbid Ventura County residents from keeping snakes longer than 8 feet without a permit.
Our message is clear: Businesses that disobey zoning laws, promote lewd conduct and facilitate prostitution are not welcome in Reseda or any part of Los Angeles.
We are optimistic that the New York City Economic Development Corporation, through the dynamic leadership of Dan Doctoroff and Andrew Alper, will be receptive to cutting through "bureaucratic" and archaic zoning laws and unfair bias against the not-for-profit organizations (the REAP benefit packages available to attract tenants to the boroughs exclude not-for-profits).
The state Attorney General's Office says federal and state fair housing laws requires that cities make ``reasonable accommodations'' in their zoning laws for disabled people.
Ross believes that MS-K intends to use the new building as a commercial biotech facility, which is illegal under the zoning laws.
Associates describe an unfailing knack for spotting and ferreting out waste; a memory like a Zip drive; a grasp of byzantine zoning laws so detailed that he routinely requires the city to close loopholes only he had the wherewithal (many would say gall) to exploit.
The business was seeking a city permit to allow an exemption to zoning laws to operate in an area with homes less than 500 feet away.
Zoning laws specify that the 1356 Broadway site could accommodate a much larger building of up to 300,000 SF.
These zoning laws may become a problem for those who are trying to fill a vacant space, as a zoning law chance may change the pool possible clients.
In a decision issued Thursday, the transportation board ruled that activities at the railroad's pellet facility and bulk transfer terminal station fall under federal pre-emption and are exempt from state and local zoning laws.