Zoning

The legislative division of an area into separate districts with different regulations within each district for land use, building size, and the like.

Overview

      Introduction History of Zoning Authority to Zone Zoning and the Comprehensive Plan Purposes of Zoning Zoning and Development

Introduction

 What does zoning mean?

  Zoning creates different districts/zones in a city or county each of which sets specific rules on how the land in that district can be used.

Zoning ordinances regulate how land is used and developed.

Form and Context

Chicago Zoning Ordinance – Table of Contents

PART A Article 1: Article 2: Article 3: Article 4: Title Intent and Purpose Rules and Definitions-3.1

Zoning Districts Article 5: General Provisions-5.1

Article 6: Non-Conforming Building, Structures and Uses-6.1

Article 7: Article 8: Article 9: Residence Districts-7.1

Business Districts-8.1

Commercial Districts-9.1

Article 10: Article 10A: Manufacturing Districts-10.1

Special Districts Article 11: Administration-11.1

PART B Article 12: Zoning Maps-12.1

PART C Index to Land Uses Guide to the Location of Industries in Manufacturing Districts PART D Lake Michigan and Chicago Lakefront Protection Ordinance PART E Adult Use Ordinance PART F Planned Manufacturing Districts The Open Space Impact Fee Ordinance PART G Flood Control Ordinance Zoning and Examining Boards Chicago Landmark Ordinance Designated Landmarks Landlord and Tenant Ordinance Condominium Ordinance

Form and Context

Berkeley, CA - Zoning Ordinance Table of Contents

Sub-Title 23A ORDINANCE APPLICABILITY Sub-Title 23B ORDINANCE ADMINISTRATION Sub-Title 23C GENERAL PROVISIONS APPLICABLE IN ALL DISTRICTS Sub-Title 23D PROVISIONS APPLICABLE IN ALL RESIDENTIAL DISTRICTS Sub-Title 23E PROVISIONS APPLICABLE IN ALL NON-RESIDENTIAL DISTRICTS Sub-Title 23F Sub-Title 23X APPENDICES TO TITLE 23 Zoning Map DEFINITIONS

Zone District Map

Zone District Map

Actors

    Governing Board / Legislative Body Planning Agency Board of Adjustment / Board of Zoning Appeals Staff

Governing Board

 City Council, County Board of Commissioners  Primary role: Legislative Decisions, adopts ordinances, amendments, policy statements, budgets; approves acquisitions; also makes appointments to other bodies

Planning Agency

 Planning Board, Planning Commission, Planning Committee of Governing Board  Citizen advisory group   Reviews zoning amendments, special-use and conditional permits, and non-zoning matters Primary role: Advisory Decisions; sponsors planning studies; recommend policies; advises governing board; coordinates public participation; recommend initial zoning ordinances

Board of Adjustment

   Primary role: Quasi-judicial decisions, hears zoning appeals, variances, special and conditional use permits Not involved in setting zoning policy, rather administering zoning policy Interprets and applies standards of the zoning ordinance

History of Zoning

 Early Examples of Zoning  1885 Modesto, CA – ordinance regulating the location of laundries   1899 Washington, DC – ordinance regulating building heights 1916 New York City – first comprehensive zoning ordinance    Created to combat inadequate ventilation and fire safety from high rises Separation of business, industry, and residential areas Separation of social classes

Authority to Zone

   Zoning is generally viewed as a valid exercise of police power that may be delegated to local governments Power to zone is delegated to the legislative bodies of local governments State enabling acts usually establish the “land use control system”.

Standard State Zoning Enabling Act

 Empowers a legislative body to:  “regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes”

Zoning and the Comprehensive Plan

  Relationship between a zoning ordinance and the comprehensive plan can be a powerful mechanism to shape urban development patterns.

Comprehensive plan is not a regulation   Takes a long range perspective (10-20 yrs) and looks at interrelationships of land uses, transportation, utilities, recreation, neighborhood revitalization, and historic preservation Acts as guide for zoning decisions

The Teeth of the Zoning Ordinance

No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, or premises be used, designated or intended to be used for any purpose or in any manner, other than is

included among the uses hereinafter listed as permitted in the district in which such building, land, or premises is located.

Language Compared

 Zoning Ordinance  “Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.”  Comprehensive Plan  “Quality residential areas, which function as integral neighborhood units with schools, parks and other similar facilities as centers, should be encouraged.”

Zoning Map

Land Use Map

Additional Plans

 Other plans that may guide zoning  Small area plans    Neighborhood plans Functional area plans – transportation, recreation, housing, downtown revitalization Specialized plans – design guidelines, landscape guidelines, historic districts

Purposes of Zoning

 Zoning:      Provides stability for land market by predicting future land uses Fosters economic development Protects aesthetic and environmental resources Provides efficient provision of public services Protects community character

Frustrations of Zoning

    Does not necessarily lead to development.

May not lead to the type of development envisaged by the comprehensive plan.

A cautionary note: You may get what you wish for.

Another cautionary note: Things may change. Governing is a political process.

South Point Mall Example

Area plan for southern Durham NC designated it as a low to moderate density residential area. Zoning ordinance was amended to reflect this.

Zoning ordinance was later amended to allow for commercial and high density residential uses on a site adjacent to an interstate interchange.

The area plan was revised later to reflect the amendments to the zoning ordinance.