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🏙️Cities and the Arts Unit 1 Review

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1.2 Zoning and land use

🏙️Cities and the Arts
Unit 1 Review

1.2 Zoning and land use

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025
🏙️Cities and the Arts
Unit & Topic Study Guides

Zoning shapes cities by regulating land use and development. It separates incompatible uses, manages density, and preserves neighborhood character. Zoning influences urban form, property values, and community well-being through various classifications and regulations.

Land use planning integrates zoning with other tools to create sustainable communities. It considers long-term goals, balances diverse interests, and adapts to changing urban dynamics. Challenges include addressing environmental concerns, promoting social equity, and fostering economic development.

Definition of zoning

  • Zoning regulates land use and development in cities and towns to promote orderly growth and protect public health, safety, and welfare
  • Divides urban areas into distinct zones with specific regulations for building types, sizes, and uses
  • Plays a crucial role in shaping the physical and social fabric of cities, influencing urban design, property values, and community character

Purpose of zoning regulations

  • Separate incompatible land uses to minimize conflicts and nuisances
  • Manage population density and prevent overcrowding
  • Preserve neighborhood character and property values
  • Ensure adequate infrastructure and public services for different areas
  • Promote sustainable development and environmental protection

Historical development of zoning

  • Originated in the early 20th century as a response to rapid urbanization and industrialization
  • First comprehensive zoning ordinance adopted in New York City in 1916
  • Upheld as constitutional by the U.S. Supreme Court in Village of Euclid v. Ambler Realty Co. (1926)
  • Evolved from simple use-based regulations to more complex and flexible approaches
  • Influenced by urban planning movements (City Beautiful, Garden City)

Types of zoning

  • Zoning classifications determine permitted land uses and development standards within specific areas
  • Help create distinct neighborhoods and districts with unique characteristics
  • Influence the overall urban form and functional organization of cities

Residential zoning

  • Designates areas primarily for housing and related uses
  • Includes subcategories (single-family, multi-family, high-density residential)
  • Regulates lot sizes, building setbacks, and housing types
  • May allow for home-based businesses or small-scale commercial uses
  • Aims to maintain neighborhood character and quality of life

Commercial zoning

  • Allocates space for retail, office, and service-oriented businesses
  • Subdivided into categories (neighborhood commercial, central business district, highway commercial)
  • Regulates business types, operating hours, and signage
  • Considers factors like parking requirements and traffic generation
  • Promotes economic development and job creation within designated areas

Industrial zoning

  • Designates areas for manufacturing, warehousing, and heavy commercial activities
  • Separates industrial uses from residential areas to minimize environmental impacts
  • Regulates emissions, noise levels, and hazardous materials storage
  • May include buffer zones to transition between industrial and other land uses
  • Supports economic growth while protecting public health and safety

Mixed-use zoning

  • Allows for a combination of residential, commercial, and sometimes light industrial uses
  • Promotes walkable neighborhoods and reduces car dependency
  • Encourages 24-hour activity and vibrancy in urban areas
  • Often used in downtown revitalization and transit-oriented development projects
  • Requires careful planning to balance different uses and manage potential conflicts

Land use planning

  • Comprehensive approach to managing urban growth and development
  • Integrates zoning with other planning tools and policies
  • Aims to create sustainable, livable, and economically viable communities
  • Considers long-term goals and future needs of the city or region

Comprehensive plans

  • Long-range policy documents guiding future growth and development
  • Establish community vision, goals, and objectives for land use
  • Include elements like housing, transportation, economic development, and environmental protection
  • Serve as the foundation for zoning ordinances and other land use regulations
  • Typically updated every 5-10 years to reflect changing conditions and priorities

Urban growth boundaries

  • Designate limits for urban expansion to control sprawl
  • Encourage infill development and higher densities within existing urban areas
  • Protect agricultural land and natural resources from urbanization
  • Implemented in cities like Portland, Oregon, to manage growth effectively
  • Require periodic review and adjustment to accommodate population growth

Transit-oriented development

  • Concentrates mixed-use development around public transit stations or corridors
  • Promotes higher densities, walkability, and reduced car dependency
  • Integrates land use planning with transportation infrastructure
  • Includes features like pedestrian-friendly design and reduced parking requirements
  • Examples include Arlington County, Virginia's Rosslyn-Ballston corridor

Zoning regulations

  • Specific rules and standards that implement zoning ordinances
  • Govern the physical form and use of buildings and land
  • Vary by zoning district and local jurisdiction
  • Aim to create predictable development patterns and maintain community standards

Setbacks and lot coverage

  • Setbacks define minimum distances between buildings and property lines
  • Front, side, and rear setbacks create space for landscaping and light access
  • Lot coverage limits the percentage of a lot that can be covered by buildings
  • Helps maintain open space and prevent overcrowding
  • Influences the streetscape and overall urban form

Building height restrictions

  • Limit the maximum height of structures within specific zoning districts
  • Preserve views, sunlight access, and neighborhood character
  • Often vary based on location (downtown vs. residential areas)
  • May include exceptions for architectural features (spires, antennas)
  • Can be expressed in feet or number of stories

Density limitations

  • Control the number of dwelling units or people per acre
  • Expressed as units per acre or floor area ratio (FAR)
  • Higher densities typically allowed in urban centers and near transit
  • Lower densities in suburban or environmentally sensitive areas
  • Influence housing affordability and infrastructure requirements

Parking requirements

  • Specify minimum (or maximum) number of parking spaces for different uses
  • Based on factors like building size, number of units, or seating capacity
  • Aim to prevent on-street parking congestion and ensure adequate access
  • Can significantly impact development costs and land use efficiency
  • Increasingly being reduced or eliminated in transit-rich urban areas

Zoning and urban design

  • Integrates zoning regulations with aesthetic and functional considerations
  • Aims to create attractive, cohesive, and pedestrian-friendly urban environments
  • Influences the relationship between buildings, streets, and public spaces
  • Balances regulatory requirements with design flexibility and innovation

Form-based codes

  • Emphasize physical form over land use separation
  • Regulate building massing, streetscape, and public realm design
  • Use clear diagrams and illustrations to communicate requirements
  • Promote predictable built outcomes and high-quality public spaces
  • Examples include Miami 21 Code and Nashville's Downtown Code

Design guidelines

  • Provide recommendations for architectural style, materials, and details
  • Supplement zoning regulations to enhance visual quality and character
  • Often used in historic districts or special planning areas
  • Can be mandatory or advisory, depending on local regulations
  • Address elements like facades, signage, landscaping, and street furniture

Historic preservation districts

  • Overlay zones that protect historically significant buildings and neighborhoods
  • Regulate alterations, demolitions, and new construction within designated areas
  • Preserve cultural heritage and maintain neighborhood character
  • May offer tax incentives for rehabilitation of historic properties
  • Require review by historic preservation boards or commissions

Zoning challenges

  • Address complex issues arising from changing urban dynamics and societal needs
  • Require balancing diverse interests and adapting to new development patterns
  • Often involve legal, economic, and social considerations
  • Necessitate ongoing evaluation and reform of zoning practices

Exclusionary zoning

  • Practices that limit housing options for lower-income residents
  • Includes large minimum lot sizes, restrictions on multi-family housing
  • Can perpetuate racial and economic segregation in communities
  • Challenged through inclusionary zoning policies and fair housing laws
  • Examples include Mount Laurel decisions in New Jersey

Environmental concerns

  • Zoning's role in addressing climate change and sustainability
  • Includes regulations for stormwater management, green building standards
  • Protects sensitive ecosystems and promotes conservation of natural resources
  • Balances development needs with environmental protection goals
  • Incorporates resilience planning for natural disasters and sea-level rise

Gentrification and displacement

  • Zoning changes can contribute to neighborhood transformation and rising property values
  • Risks displacing long-time residents and businesses in revitalizing areas
  • Requires strategies to preserve affordable housing and local character
  • Includes tools like community benefits agreements and anti-displacement policies
  • Challenges planners to balance economic development with social equity

Zoning and economic development

  • Uses zoning as a tool to attract investment and stimulate economic growth
  • Aims to create jobs, increase tax base, and revitalize underutilized areas
  • Requires coordination with other economic development strategies and incentives
  • Balances economic goals with community needs and quality of life considerations

Tax incentives and enterprise zones

  • Designate specific areas for tax breaks or regulatory relief to attract businesses
  • Aim to stimulate investment in economically distressed or underutilized areas
  • Include programs like Opportunity Zones and New Markets Tax Credits
  • Require careful monitoring to ensure community benefits and prevent abuse
  • Examples include Pennsylvania's Keystone Opportunity Zones

Business improvement districts

  • Special assessment districts for commercial areas
  • Property owners pay additional taxes for enhanced services and improvements
  • Fund activities like street cleaning, security, and marketing
  • Governed by boards representing local businesses and property owners
  • Examples include Times Square Alliance in New York City

Adaptive reuse of buildings

  • Zoning flexibility to repurpose obsolete or historic structures
  • Preserves architectural heritage while accommodating new uses
  • Often used for converting industrial buildings to residential or mixed-use
  • Requires addressing building code and accessibility requirements
  • Examples include the High Line in New York and Ghirardelli Square in San Francisco

Zoning and social equity

  • Addresses fairness and inclusivity in land use planning and regulation
  • Aims to reduce disparities in access to housing, amenities, and opportunities
  • Requires consideration of historical inequities and diverse community needs
  • Involves community engagement and participatory planning processes

Affordable housing requirements

  • Inclusionary zoning policies mandate a percentage of affordable units in new developments
  • Density bonuses incentivize developers to include affordable housing
  • Linkage fees on commercial development fund affordable housing programs
  • Aim to create mixed-income communities and address housing affordability crisis
  • Examples include Montgomery County, Maryland's Moderately Priced Dwelling Unit program

Environmental justice

  • Addresses disproportionate environmental burdens on low-income communities and communities of color
  • Includes regulations to limit polluting industries near residential areas
  • Promotes equitable distribution of environmental amenities (parks, green spaces)
  • Requires consideration of cumulative impacts of multiple pollution sources
  • Involves community participation in environmental decision-making processes

Accessibility for disabled persons

  • Zoning and building codes ensure compliance with Americans with Disabilities Act (ADA)
  • Regulates features like ramps, elevators, and accessible parking spaces
  • Promotes universal design principles in public spaces and buildings
  • Considers aging population and need for age-friendly communities
  • Includes provisions for group homes and supportive housing in residential areas
  • Involves complex legal framework governing land use regulation
  • Requires balancing private property rights with public interest
  • Subject to constitutional limitations and judicial interpretation
  • Involves administrative processes for implementation and enforcement

Zoning variances and appeals

  • Allow for exceptions to zoning regulations in cases of hardship
  • Require demonstration of unique circumstances or practical difficulties
  • Decided by local zoning boards of adjustment or appeals
  • Must not alter essential character of neighborhood or impair public welfare
  • Subject to judicial review if challenged

Eminent domain

  • Government power to acquire private property for public use with just compensation
  • Used for infrastructure projects, urban renewal, and economic development
  • Controversial use in Kelo v. City of New London (2005) Supreme Court case
  • Many states have since restricted use of eminent domain for economic development
  • Requires balancing public benefits with private property rights

Regulatory takings

  • Occurs when government regulation excessively diminishes property value
  • Based on Fifth Amendment's Takings Clause
  • Determined by factors outlined in Penn Central Transportation Co. v. New York City (1978)
  • Includes concept of "total taking" established in Lucas v. South Carolina Coastal Council (1992)
  • Influences how far zoning regulations can go without requiring compensation
  • Evolving approaches to address contemporary urban challenges
  • Incorporate new technologies and data-driven decision-making
  • Respond to changing demographics, work patterns, and environmental concerns
  • Aim for greater flexibility and adaptability in land use regulation

Smart growth principles

  • Promote compact, walkable, and transit-oriented development
  • Emphasize infill development and redevelopment of existing urban areas
  • Preserve open space and environmentally sensitive areas
  • Encourage mixed-use development and diverse housing options
  • Integrate transportation and land use planning for sustainable communities

Sustainable development practices

  • Incorporate green building standards and energy efficiency requirements
  • Promote renewable energy generation and distributed energy systems
  • Encourage urban agriculture and local food production
  • Implement green infrastructure for stormwater management
  • Address climate change mitigation and adaptation through zoning

Technology in zoning administration

  • Use of Geographic Information Systems (GIS) for mapping and analysis
  • Online permitting systems and digital plan review processes
  • 3D modeling and visualization tools for urban planning
  • Big data analytics for monitoring land use patterns and trends
  • Blockchain technology for land records and property transactions