In urban planning, zoning is a method in which a municipality or other tier of government divides land into Land use and building "zones", each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential area, Manufacturing), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of land lot that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development.
Zoning is the most common regulatory urban planning method used by local governments in developed countries. E.g., Lefcoe, George, "The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union" (April 2005). USC Law, Legal Studies Research Paper No. 05-12; and USC Law and Economics Research Paper No. 05-12. Available at BMVBS - Startseite. Bmvbs.de. Retrieved on 2013-07-19. Exceptions include the United Kingdom and the city of Houston, Texas.
Most zoning systems have a procedure for granting variances (exceptions to the zoning rules), usually because of some perceived hardship caused by the particular nature of the property in question.
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 period (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. The shifts were informed by a new scientific rationality, the advent of mass production and complex manufacturing, and the subsequent onset of urbanisation. Industry leaving the home reshaped modern cities. The definition of home was tied to the definition of economy, which caused a much greater mixing of uses within the residential quarters of cities.
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.
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 and the New York City 1916 Zoning Resolution.
But 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.
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.
Single-use zoning is where only one kind of use is allowed per zone, or district. It is also known as exclusionary zoning or, in the United States, as Euclidean zoning because of a court case in Euclid, Ohio, Village of Euclid, Ohio v. Ambler Realty Co. , which established its constitutionality.Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (SC November 22, 1926). It has been the dominant system of zoning in North America, especially the United States, since its first implementation.
Commonly defined single-use districts include: residential, commercial, and industrial.American Society of Planning Officials. January, 1952. The Special District — A New Zoning Development, Information Report No. 34. Chicago, IL, USA. 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.
The application of single-use zoning has led to the distinctive form of many cities in the United States, Canada, Australia, and New Zealand, in which a very dense urban core, often containing , is surrounded by low density residential , characterised by large and leafy streets. Some metropolitan areas such as Minneapolis–Saint Paul and Sydney have several such cores.
Planning and community activist Jane Jacobs wrote extensively on the connections between the separation of uses and the failure of urban renewal projects in New York City. She advocated dense mixed-use developments and Walkability. In contrast to villages and towns, in which many residents know one another, and low-density outer suburbs that attract few visitors, cities and inner city areas have the problem of maintaining order between strangers. 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 Coffeehouse, Restaurant, Office 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 farm, 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.
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 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. However, performance zoning can be extremely difficult to implement due to the complexity of preparing an impact study for each project, and can require the supervising authority to exercise a lot of discretion. Performance zoning has not been adopted widely in the US.
Incentive zoning allows for a high degree of flexibility, but may be complex to administer. The more a proposed development takes advantage of incentive criteria, the more closely it has to be reviewed on a discretionary basis. The initial creation of the incentive structure in order to best serve planning priorities also may be challenging and often requires extensive ongoing revision to maintain balance between incentive magnitude and value given to developers. Incentive zoning may be most effective in communities with well-established standards and where demand for both land and for specific amenities is high. However, hidden costs may still offset its benefits. Incentive zoning has also been criticized for increasing traffic, reducing natural light, and offering developers larger rewards than those reaped by the public.
Composite zoning is a particular type of hybrid zoning that combines use, form, and site design components:
An advantage of composite zoning is the ability to create flexible zoning districts for smoother transitions between adjacent properties with different uses.
Conditional zoning should not be confused with conditional-use permits (also called special-use permits), a quasi-judicial process that enables land uses that, because of their special nature, may be suitable only in certain locations, or when arranged or operated in a particular manner. Uses which might be disallowed under current zoning, such as a school or a community center, can be permitted via conditional-use permits.
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. Zoning is Theft - Jim Fedako - Mises Daily. Mises.org. Retrieved on 2013-07-19. The Houston example of non-zoning or private zoning with no restriction on particular land use but with other development code Fulton, B. (2020, January 12). Houston doesn’t have zoning, but there are workarounds. shows a combination of private and public planning. Lai, L. W. (2016). “As planning is everything, it is good for something!” A Coasian economic taxonomy of modes of planning. Planning Theory, 15(3), 255-273.
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. Kwong, J. W. Y., Lai, L. W. C., Chau, K. W., & Chan, V. N. (2021). A race between urban growth and regulation: An empirical case study on the layout plan. Land Use Policy, 101, Article 105184.
ACT | Territory Plan 2008 | Land Use Policy |
NSW | Environmental Planning and Assessment Act 1979 | Local Environmental Plans (LEP) |
NT | Planning Act | Planning Scheme |
Queensland | Sustainable Planning Act 2009 repealed. Planning Act 2016 | Planning Schemes |
South Australia | Planning, Development and Infrastructure Act 2016 | Planning and Design Code |
Tasmania | Land Use Planning and Approvals Act 1993 | Planning Schemes |
VIC | Planning and Environment Act 1987 | Planning Schemes |
WA | Planning and Development Act 2005 | Planning Schemes |
Urban 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.Gleeson B. and Low N., Australian Urban Planning: New Challenges, New Agendas, Allen & Unwin, St Leonards, 2000. Planning and zoning have a great political dimension, with governments often criticized for favouring developers; also nimbyism is very prevalent.
Category 1 Exclusively Low-Rise Residential Zone | Designated for low-rise residential buildings.
Permitted uses within these buildings include small shops, offices and elementary and high schools. |
Category 2 Exclusively Low-Rise Residential Zone | Designated for low-rise residential buildings with above permitted uses as well as shop buildings with floor area up to 150 m2. |
Category 1 Medium and High-rise oriented Residential Zone | Designated for medium to high-rise residential buildings with hospitals, university buildings and shop buildings with floor areas up to 500 m2 also permitted. |
Category 2 Medium and High-rise oriented Residential zone | Same as Category 1 Medium and High-rise oriented Residential zone, except shops and office buildings up to 1,500 m2 are permitted |
Category 1 residential zone | Designated for residential with other permitted buildings including shops, offices and hotel buildings with floor areas up to 3,000 m2 and auto repair shops up to 50 m2 |
Category 2 residential zone: | Same as Category 1 residential zone, except karaoke boxes are permitted and there are no longer building size restrictions in this zone. |
Quasi-residential zone | Designated primarily residential with introduction of vehicle-related road facilities. Same permitted uses as Category 2 residential zone with addition of theatres, restaurants, stores and other entertainment facilities with more than 10,000 m2 of floor area and warehouses. |
Neighbourhood commercial zone | Designated for neighbourhood-based daily shopping activities.
Same permitted uses as Quasi-residential zone with addition of auto-repair shops with areas up to 300 m2. |
Commercial zone | Designated for banks, cinemas and department stores. Same permitted uses as Neighbourhood commercial zone with addition of public bathhouses |
Quasi-industrial | Designated for light industrial and service facilities. Same permitted uses as Commercial zone with addition of factories with some possible danger of environmental degradation. |
Industrial zone | Designated for factories. Residences and shopping can be constructed but schools, hospitals and hotels are impermissible |
Exclusively industrial | Designated for factories. All non-factory uses are impermissible. |
The present zoning scheme used in the Philippines is detailed in the HLURB's Model Zoning Ordinance published in 2014, which outlines 26 basic zone types based on primary usage and building regulations (as defined in the National Building Code), and also includes public domain and water bodies within the municipality's jurisdiction. Local governments may also add overlays identifying special use zones such as areas prone to , 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. Regulations on residential, commercial, and industrial zones may differ between municipalities, so one municipality may permit 4-storey buildings on medium-density residential zones, while another may only permit 2-storey buildings.
Forest | Forested areas, subdivided into protection forests and productions forests. Protection forests includes forest reserves, national parks and protected areas, military reserves and civil reserves, and forested urban buffer zones. Production forest includes forestry lands, special use zones, and grazing lands. |
Agriculture | Land intended for agricultural activities, including land cultivation, tree growing, livestock, poultry, fisheries and aquaculture. Subdivided into protection agriculture (agriculture protection zones as designated by the Department of Agriculture) and production agriculture |
Agro-industrial | Intended for integrated farms and processing of harvested crops. |
Municipal waters | All water bodies under the jurisdiction of the municipality, as defined in the Fisheries Code (Republic Act 8550), excluding areas designated as protected areas by the national government. Subdivided into Marine sanctuary, foreshore land, mangrove, River delta/estuary, lakes, aquaculture zones, commercial fishing zones, municipal fishing zones, and . |
Mineral land | Lands intended for mining. Subdivided into mineral reservations, small-scale mining zones and quarry. |
General residential | Intended principally for housing. |
Residential-1 (R-1) | Intended for low-rise, low-density, single-family housing, such as single-detached homes, duplex houses, and subdivisions. Also permitted are home occupations and businesses, sari-sari stores, home-based cottage industries, local recreational facilities, nurseries and daycares, elementary schools, tutors, places of worship, barangay halls, and local health centers. Buildings can be up to three stories and a height of . |
Residential-2 (R-2) | Intended for low-rise, medium-density, multi-family dwellings. Buildings can be up to five stories and a height of . All uses in R-1 zones, apartments, , Dormitory, high schools, technical schools, museums, and libraries permitted. Subdivided into basic R-2 and maximum R-2, with the former having a limit of three stories and . |
Residential-3 (R-3) | Intended for low- to medium-rise, medium- to high-density, multi-family dwellings. Buildings can be up to twelve stories and a height of All uses in R-1 and R-2 zones, residential condominiums, and commercial accommodation (hotels, pension houses, hotel apartments, except motels), and parking buildings permitted. Subdivided into basic R-3 and maximum R-3, with the former having a height limit of three stories and . |
Residential-4 (R-4) | Intended for . Buildings can be up to three stories and a height of All uses in R-1 and R-2 zones permitted. |
Residential-5 (R-5) | Intended for medium- to high-rise, high-density, and multi-family dwellings such as high-rise residential condominiums. Buildings can be up to 18 stories and a height of . All uses in R-1 through R-4 zones permitted. |
Socialised housing | Intended for areas designated for socialised housing projects undertaken by the Philippine government or the private sector to house underprivileged citizens and the homeless. Allowed uses defined in Batas Pambansa No. 220. |
General commercial | Intended for businesses, trade and services. |
Commercial-1 (C-1) | Intended for low-density, neighborhood-scale businesses. All uses in R-1 zones also permitted. Buildings can be up to 3 stories and a height of . |
Commercial-2 (C-2) | Intended for medium- to high-density business activity complementing or supplementing the city or municipality's central business district (CBD).
All uses in R-1, R-2, and C-1 zones allowed, with the addition of wholesale stores, Palengke, malls, supermarkets, call center, broadcasting and film studios, car dealerships, automotive-related services, scrap dealers, hardware stores, construction-related businesses, garden stores, signmakers, welders, furniture makers, commercial condominiums, lechon stores, chicharon factories, and . Buildings can be up to 6 stories and a height of . |
Commercial-3 (C-3) | High-density commercial area forming a city or municipality's CBD.
All uses in R-3, R-4, R-5, C-1 and C-2 zones allowed, with the addition of regional shopping malls. Buildings can be up to 60 stories and a height of . |
Industrial-1 (I-1) | Intended for light manufacturing or production activities that are non-polluting.
Some allowed uses are dried fish production, biscuit factories, boat, pump boat/motor banca and small watercraft manufacturing, printing presses, most electronics factories, medical equipment manufacturing, wooden furniture manufacturing, garments factories, water pumping station, sewage or wastewater treatment plants, and warehouses for non-polluting and non-hazardous products. Areas can have parks or playgrounds. Buildings can be up to a height of . |
Industrial-2 (I-2) | Intended for medium-intensity manufacturing or production activities that are polluting.
Some permitted uses are canning plants, rice or corn mills, animal feed mills medicine and pharmaceutical manufacturers, metal and plastic furniture manufacturers, glass factories garments and textile factories, rice mills, flour mills, cigar and cigarette factories, vehicle manufacturers, shipyards, hangars, warehouses for polluting and hazardous products, paint stores, and large slaughterhouses. Areas can have parks or playgrounds. Buildings can be up to a height of . |
Industrial-3 (I-3) | Intended for high-intensity manufacturing or production activities that are usually highly polluting and extremely hazardous.
Some permitted uses include meat processing plants (except those for ham, bacon, sausages and chicharon) soft drink factories, sugar mills, paper mills, cement factories, chemical plants, steel plants, textile factories, canned fish factories, bagoong and Fish sauce factories, oil depots, terminals and refineries, warehouses for highly polluting and hazardous products, and power plants. Areas can have parks or playgrounds. Buildings can be up to a height of . |
General institutional | Intended primarily for government or civic centers, police and fire stations, government buildings, higher education institutions (college, universities, vocational, technical or trade schools), learning facilities (libraries, training centres), scientific, cultural and academic centres, convention centres, hospitals and medical centres, places of worship, seminaries or convents, and embassies/consulates. Buildings can be up to a height of . |
Special institutional | Intended primarily for social welfare institutions (orphanages, Boys/Girls Town, Nursing home), rehabilitation centres, military installations, prisons and other correctional institutions, Leprosarium, and mental health asylums. Buildings can be up to a height of . |
Parks and recreation | Intended for parks and recreational facilities like playgrounds, resort complexes, sports facilities, memorials/shrines and open spaces serving as or . Buildings can be up to a height of . |
Cemetery/memorial park | Area intended for cemeteries or memorial parks, including columbaria, crematoria, and ossuaries. Buildings can be up to a height of , and site subject to DHUSD regulations. |
Buffer/greenbelt | Yard, parks or open spaces intended to serve as a buffer zone or greenbelt between conflicting land use zones. Allowed uses are parks and related structures, plant nurseries, agriculture, silviculture and horticulture. No permanent structures are permitted, and any buildings can be only up to a height of . |
Utilities, transportation and services | Area designated for use by functional buildings and structures used for utilities, transportation, and other public services. Permitted uses include bus terminals and train stations, ports, airports, power plants, landfills and waste management facilities, weather and climate management stations, telecommunications facilities, and large complexes for other public services. Buildings can be up to a height of . |
Tourism | Areas dedicated for tourism activity. Allowed uses include agritourism, resort areas, , heritage/historical sites, tourist accommodation, souvenir shops, and outdoor sports grounds. |
Development control or planning control is the element of the United Kingdom's system of town and country planning through which local government regulates land use and new building. There are 421 Local Planning Authorities (LPAs) in the United Kingdom. Generally they are the local borough or district council or a unitary authority. They each use a discretionary "plan-led system" whereby are formed and the public consulted. Subsequent development requires planning permission, which will be granted or refused with reference to the development plan as a material consideration.
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 and 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 Two-up two-down, to larger detached properties and .
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.
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 local ordinance. The city instead has a proliferation of private and retains government regulations like minimum lot size and setbacks.
Single-use zoning is used by many municipalities due to its ease of implementation (one set of explicit, prescriptive rules), long-established legal precedent, and familiarity to planners and design professionals. Single-use zoning has been criticized, however, for its lack of flexibility. Separation of uses can contribute to urban sprawl, loss of open space, heavy infrastructure costs, and automobile dependency. In particular, single-family zoning, residential districts where only single-family homes can be built, has been widely criticized as a cause of sprawl and racial segregation.
Zoning laws that limit the construction of new housing (like single-family zoning) are associated with reduced affordability and are a major factor in residential segregation in the United States by income and race.
|
|