ZoningZoning

The legislative division of an area into separate districts with different regulations

within each district for land use, building size, and the

like.

OverviewOverview Introduction History of Zoning Authority to Zone Zoning and the Comprehensive

Plan Purposes of Zoning Zoning and Development

IntroductionIntroduction 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 ContextForm and ContextChicago Zoning Ordinance – Table of

ContentsPART AArticle 1: TitleArticle 2: Intent and PurposeArticle 3: Rules and Definitions-3.1Article 4: Zoning DistrictsArticle 5: General Provisions-5.1Article 6:

Non-Conforming Building, Structures and Uses-6.1

Article 7: Residence Districts-7.1Article 8: Business Districts-8.1Article 9: Commercial Districts-9.1Article 10: Manufacturing Districts-10.1Article 10A: Special DistrictsArticle 11: Administration-11.1

 

PART BArticle 12: Zoning Maps-12.1PART 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 OrdinancePART 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 ContextForm and ContextBerkeley, CA - Zoning Ordinance Table of ContentsSub-Title 23A ORDINANCE APPLICABILITYSub-Title 23B ORDINANCE ADMINISTRATIONSub-Title 23C GENERAL PROVISIONS APPLICABLE

IN ALL DISTRICTSSub-Title 23D PROVISIONS APPLICABLE IN ALL

RESIDENTIAL DISTRICTSSub-Title 23E PROVISIONS APPLICABLE IN ALL

NON-RESIDENTIAL DISTRICTS

Sub-Title 23F DEFINITIONSSub-Title 23X APPENDICES TO TITLE 23Zoning Map

Zone District MapZone District Map

Zone District MapZone District Map

ActorsActors Governing Board / Legislative Body Planning Agency Board of Adjustment / Board of

Zoning Appeals Staff

Governing BoardGoverning 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 AgencyPlanning 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 AdjustmentBoard 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 ZoningHistory 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 ZoneAuthority 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 ActStandard 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 PlanZoning 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 The Teeth of the Zoning OrdinanceOrdinance

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 ComparedLanguage 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 MapLand Use Map

Additional PlansAdditional 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 ZoningPurposes 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 South Point Mall ExampleExampleArea 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.