1. The Tools of Land Use Planning Zoning

2. Introduction The Basic Means of Controlling Land Use Use Regulations Intensity Regulations Bulk Regulations

3. Introduction Zoning can be Implemented in Varying Ways Simple and Effective Simple and Ineffective Sophisticated and Ineffective Sophisticated and Effective

4. History of Zoning Began as a Means of Protecting Public Health and Safety Tenement Houses in Inner Cities Air, Light, Structural Density Conflicts Between Residential and Industrial Uses Nuisances Incompatibility

5. History of Zoning City Leaders Wanted a Way to Realize Grand Plans City Beautiful Garden Cities Implementing Plans was Difficult on a Voluntary Basis

6. History of Zoning New York City became first American city to utilize zoning 1916 Responded to concerns about tenements and industry Was applied on a block-by-block and lot-by-lot basis Included detailed design and setback requirements Initial zones determined by boundaries of existing neighborhoods and neighborhood activity Reinforced existing activity patterns rather than predict future patterns

7. History of Zoning Zoning was used in Europe in late 19th Century Primarily Germany Used to regulate land use in city periphery Primarily a tool for residential use & activity Contrast with NYC, which used zoning within city and for commercial structures Early U.S. experience not so pristine Tool of exclusion based on race (San Francisco) and class (NYC)

8. History of Zoning Standard State Zoning Enabling Act (SZEA) Developed in 1922, amended in 1926 Model Zoning Legislation Commissioned by the Department of Commerce Ultimately adopted by all 50 states With few exceptions, it still remains in effect in the same form Adopted as either mandatory or enabling legislation

9. History of Zoning Village of Euclid v. Ambler Realty Company 272 U.S. 365 (1926) Origin of the term “Euclidean Zoning” Supreme Court upheld the concept of Comprehensive Zoning Incompatible land uses should be separated Separation based on a zoning “pyramid” – cumulative zoning R RCI RC

10. The Power to Zone Zoning is an Exercise of the Police Powers Zoning can do nothing but further the public health, safety, welfare and general well-being This power is delegated to localities through enabling legislation

11. Implementing Zoning The Map The Text The Distribution of Decisions

12. Implementing Zoning The Map This is half the ordinance Delineates zoning districts Must be updated and concurrent with text of ordinance

14. Zoning Implementation The Text “Black and White” Bound to have holes in it It is the rulebook all players must abide by Government, Public, Developers

15. Implementing Zoning Use, Bulk and Intensity Requirements Procedures Variances Appeals Non-Conforming Uses Discretionary Review Enforcement

16. Implementing Zoning (Table of Permissible Uses)

17. Implementing Zoning (Intensity Regulations)

18. Distribution of Zoning Authority Governing Body (Legislative Decisions) Planning Commission (Advisory Decisions) Board of Adjustment (Quasi-Judicial Decisions) Planning Staff (Administrative Decisions)

19. Pros & Cons of Traditional Zoning Pros Certainty Separation Development Review Cons Uncertainty Lack of Flexibility Doesn’t work on Auto-Pilot

20. Flexibility in Zoning Bonus / Incentive Zoning Bonuses are granted to developments that help city achieve other policy objectives Housing Open Space

21. TDRs Transfer of Development Rights Greenfield / Brownfield Historic Preservation Lot Consolidation

22. Inclusionary Zoning Affordable Housing Usually coordinated with Sec. 8 (voucher) programs Proportional set-asides

23. Cluster Zoning Preserves open space Tradeoff between lot size and amenity values Tradeoff between profit potentials large lots decreased development costs

24. Form-Based Codes