Land Use and Zoning Laws | DreamWork Network

Land use and zoning laws are a set of regulations that govern how land can be used and developed within a particular jurisdiction. These laws are designed to promote the health, safety, and welfare of a community by ensuring that land is used in a way that is compatible with the surrounding area and does not create undue burdens on infrastructure or the environment.

History and Evolution of Land Use and Zoning Laws

The concept of land use regulation can be traced back to ancient civilizations, where rulers and governments would designate certain areas for specific purposes, such as farming, housing, or religious activities. However, the modern system of zoning and land use regulation as we know it today emerged in the late 19th and early 20th centuries, as cities and towns began to grow rapidly due to industrialization and urbanization.

Early Land Use Regulations

One of the earliest examples of land use regulation in the United States was the 1867 tenement housing law in New York City, which required buildings to have windows in every room and prohibited the construction of new buildings that did not meet certain minimum standards for light and air. This law was a response to the overcrowded and unsanitary conditions in the city's tenements, which were home to many of the city's poor and working-class residents.

Other early land use regulations were designed to address specific nuisances or hazards, such as the location of slaughterhouses, tanneries, and other noxious industries. In 1915, the U.S. Supreme Court upheld a Los Angeles ordinance that prohibited the operation of a brick kiln within a certain distance of a residential area, finding that the regulation was a valid exercise of the city's police power to protect public health and safety.

The Birth of Zoning

The first comprehensive zoning ordinance in the United States was adopted by New York City in 1916. The ordinance divided the city into different zones based on the type of land use that was permitted in each area, such as residential, commercial, or industrial. The ordinance also regulated the height and bulk of buildings in each zone, as well as the amount of open space that was required.

The New York City zoning ordinance was challenged in court but was ultimately upheld by the U.S. Supreme Court in the landmark case of Village of Euclid v. Ambler Realty Co. in 1926. In this case, the Court found that zoning was a valid exercise of the government's police power to promote the health, safety, and welfare of the community and that it did not constitute an unconstitutional taking of private property.

Following the Euclid decision, zoning quickly spread to other cities and towns across the United States. By the 1930s, most states had enabling legislation that allowed local governments to adopt zoning ordinances, and by the 1960s, zoning had become a ubiquitous feature of American land use regulation.

The Rise of Planning

As zoning became more widespread, it also became more sophisticated and complex. In the 1920s and 1930s, many cities and towns began to adopt comprehensive plans that laid out long-term goals and policies for land use and development. These plans were often developed with input from a variety of stakeholders, including business leaders, community groups, and government officials.

The concept of comprehensive planning was further codified in the Standard State Zoning Enabling Act, which was published by the U.S. Department of Commerce in 1924 and served as a model for state zoning enabling legislation. The Act required that zoning ordinances be "in accordance with a comprehensive plan," and that they be designed to promote the health, safety, morals, and general welfare of the community.

In the decades that followed, comprehensive planning became an increasingly important tool for guiding land use and development decisions. Many states and local governments adopted growth management laws and policies that required communities to develop and implement comprehensive plans, and that tied zoning and other land use decisions to the goals and policies outlined in those plans.

The Environmental Movement and Beyond

In the 1960s and 1970s, the environmental movement brought new attention to the impacts of land use and development on natural resources and ecosystems. This led to the adoption of a range of new land use and environmental regulations at the federal, state, and local levels, including the National Environmental Policy Act (NEPA), the Clean Air Act, and the Clean Water Act.

These new regulations required government agencies and developers to consider the environmental impacts of proposed projects and to take steps to mitigate those impacts. They also gave citizens and advocacy groups new tools to challenge land use and development decisions that they believed were harmful to the environment.

In the decades since, land use and zoning laws have continued to evolve in response to changing social, economic, and environmental conditions.

Some of the key trends and developments in recent years include:

The rise of "smart growth" and "new urbanism" movements, which advocate for more compact, walkable, and mixed-use development patterns as an alternative to suburban sprawl.
The increasing use of form-based codes and other alternative zoning approaches that focus on the physical form and design of buildings and public spaces, rather than just the use of land.
The growing recognition of the need to address issues of equity and environmental justice in land use and zoning decisions, particularly in communities of color and low-income areas that have often borne the brunt of pollution and other negative impacts of development.
The emergence of new technologies and data sources, such as geographic information systems (GIS) and big data analytics, is changing the way that land use and zoning decisions are made and implemented.

As we will explore in more detail below, these and other trends are shaping the future of land use and zoning laws in the United States and around the world.

Types of Zoning and Land Use Regulations

Zoning and land use regulations come in many different forms, depending on the specific goals and needs of the community.

Some of the most common types of zoning and land use regulations include:

Euclidean Zoning

Named after the landmark Euclid v. Ambler Realty Co. case, Euclidean zoning is the most traditional and widely used form of zoning in the United States. Under this approach, a community is divided into different zones or districts based on the type of land use that is permitted in each area, such as residential, commercial, industrial, or agricultural.

Within each zone, the zoning ordinance specifies the allowed uses of land, as well as the density, height, and other physical characteristics of buildings and structures. For example, a residential zone might allow single-family homes, duplexes, and small apartment buildings, but prohibit commercial or industrial uses. A commercial zone, on the other hand, might allow retail stores, offices, and other businesses, but restrict or prohibit residential uses.

Euclidean zoning is often criticized for promoting sprawl and segregation of land uses, as well as for being inflexible and unresponsive to changing market conditions and community needs. However, it remains the dominant form of zoning in many parts of the United States, particularly in suburban and rural areas.

Performance Zoning

Performance zoning is an alternative approach to traditional Euclidean zoning that focuses on the impacts or "performance" of different land uses, rather than the uses themselves. Under this approach, a zoning ordinance sets forth a series of performance standards that development must meet, such as maximum noise levels, traffic generation, or environmental impacts.

As long as a proposed development meets these performance standards, it is allowed, regardless of the specific use of the land. This allows for greater flexibility and mixing of uses within a given area, as well as for more site-specific and context-sensitive development.

Performance zoning has been used in several communities across the United States, particularly in areas with unique environmental or cultural resources that require special protection. However, it can be more complex and difficult to administer than traditional Euclidean zoning and may require more extensive monitoring and enforcement to ensure compliance with performance standards.

Form-Based Codes

Form-based codes are a type of zoning that emphasizes the physical form and design of buildings and public spaces, rather than the use of land. Under this approach, a zoning ordinance sets forth a series of design standards and guidelines for different types of buildings and streets, such as maximum building heights, setbacks, and façade treatments.

Form-based codes are often used in conjunction with a comprehensive plan or vision for a particular area, such as a downtown or neighborhood center. They are intended to create a more cohesive and attractive built environment and to promote walkability, mixed-use development, and a sense of place.

Form-based codes have been adopted by a growing number of communities across the United States, particularly in urban and suburban areas that are seeking to create more vibrant and livable neighborhoods. However, they can be more complex and time-consuming to develop than traditional zoning ordinances and may require significant public outreach and engagement to build support and buy-in from the community.

Incentive Zoning

Incentive zoning is a type of zoning that offers developers certain benefits or incentives in exchange for providing certain public amenities or benefits, such as affordable housing, open space, or infrastructure improvements. Under this approach, a zoning ordinance sets forth a base level of development that is allowed by right, as well as a series of incentives or bonuses that developers can earn by providing certain public benefits.

For example, a developer might be allowed to build a taller or denser building than would otherwise be permitted under the base zoning, in exchange for providing a certain percentage of affordable housing units or contributing to a fund for public infrastructure improvements.

Incentive zoning has been used in several cities and towns across the United States, particularly in high-cost housing markets where affordability is a major concern. However, it can be complex and difficult to administer and may require ongoing monitoring and enforcement to ensure that developers are meeting their commitments and that the public benefits are being delivered as promised.

Overlay Zoning

Overlay zoning is a type of zoning that applies additional regulations or standards to a specific area or district, on top of the underlying base zoning. Under this approach, a zoning ordinance identifies certain areas or districts that have special characteristics or needs, such as historic districts, environmental conservation areas, or transit-oriented development zones.

Within these overlay zones, additional regulations or standards may apply, such as design guidelines, use restrictions, or density bonuses. These regulations are intended to protect or enhance the special character or resources of the area, while still allowing for appropriate development and growth.

Overlay zoning has been used in a variety of contexts across the United States, from small towns seeking to preserve their historic character to large cities trying to promote transit-oriented development and reduce automobile dependence. However, it can add complexity and confusion to the zoning process and may require careful coordination with other land use and development regulations to ensure consistency and compatibility.

Planned Unit Development (PUD)

Planned Unit Development (PUD) is a type of zoning that allows for the development of a large, mixed-use project under a single, unified plan. Under this approach, a developer submits a detailed plan for the entire project, including the location and design of buildings, streets, open spaces, and other amenities.

If the plan is approved by the local government, the developer is allowed to proceed with the project under a single set of regulations and standards, rather than having to comply with the underlying zoning for each parcel or use.

PUDs are often used for large, complex projects that require significant flexibility and coordination, such as master-planned communities, office parks, or mixed-use developments. They can allow for more creative and efficient use of land, as well as for the provision of public amenities and benefits that might not be feasible under traditional zoning.

However, PUDs can also be controversial and politically challenging, particularly if they involve significant changes to the existing zoning or land use patterns in an area. They may require extensive public outreach and engagement, as well as careful negotiation and coordination with local government officials and other stakeholders.

Zoning and Land Use Regulation Process

The process of creating and enforcing zoning and land use regulations can be complex and multi-faceted, involving a range of stakeholders and decision-makers at the local, state, and sometimes federal levels. Some of the key steps and components of the zoning and land use regulation process include:

Comprehensive Planning

In many communities, the zoning and land use regulation process begins with the development of a comprehensive plan. A comprehensive plan is a long-range, visionary document that sets forth the goals, policies, and strategies for the future growth and development of a community.

Comprehensive plans are typically developed through an extensive public outreach and engagement process, involving a range of stakeholders such as residents, business owners, community groups, and government officials. The plan may address a wide range of topics, such as land use, transportation, housing, economic development, natural resources, and community facilities and services.

Once a comprehensive plan is adopted, it serves as a guide for future land use and development decisions and may be used to inform the development of more specific zoning and land use regulations.

Zoning Ordinances and Maps

Based on the goals and policies outlined in the comprehensive plan, a local government may develop and adopt a zoning ordinance and zoning map. The zoning ordinance is a legal document that sets forth the specific regulations and standards for different types of land uses and development within the community.

The zoning map is a visual representation of the different zoning districts and their boundaries within the community. It shows the location and extent of different land use categories, such as residential, commercial, industrial, and agricultural zones.

Together, the zoning ordinance and map provide a clear and predictable framework for land use and development within the community. They are typically adopted by the local legislative body, such as the city council or county board of supervisors, after a public hearing and review process.

Development Review and Approval

Once a zoning ordinance and map are in place, any proposed development or land use change within the community must go through a review and approval process to ensure compliance with the applicable regulations and standards.

The specific steps and requirements of the development review process can vary depending on the type and scale of the project, as well as the local government's policies and procedures.

However, some common elements of the development review process may include:

Pre-application meetings with local government staff to discuss the proposed project and identify any potential issues or concerns.
Submission of a formal development application, including detailed plans, studies, and other supporting materials.
Public notice and comment period, during which members of the public can review the proposed project and provide input or feedback.
Review and recommendation by local government staff and/or advisory boards, such as the planning commission or zoning board.
Final approval or denial by the local legislative body or other decision-making authority.

Depending on the nature and complexity of the project, the development review process can take anywhere from a few weeks to several years to complete. It may also involve significant costs and fees for the developer, as well as ongoing monitoring and reporting requirements to ensure compliance with the approved plans and conditions.

Variances and Special Use Permits

In some cases, a proposed development or land use may not fully comply with the applicable zoning regulations or standards. In these situations, the developer may seek a variance or special use permit from the local government.

A variance is a request to deviate from a specific zoning requirement, such as a setback or height limit, based on a showing of hardship or unique circumstances. A special use permit, on the other hand, is a request to allow a specific land use that is not normally permitted in a given zoning district, based on a finding that the use is compatible with the surrounding area and meets certain criteria.

Variances and special use permits are typically granted by a local zoning board or other quasi-judicial body, after a public hearing and review process. They may be subject to certain conditions or limitations to ensure that the proposed use or development does not have adverse impacts on the surrounding area or community.

Enforcement and Appeals

Once a development or land use is approved and constructed, it is subject to ongoing monitoring and enforcement by the local government to ensure compliance with the applicable regulations and standards. This may involve regular inspections, reporting requirements, and other oversight measures.

If a property owner or developer is found to violate the zoning or land use regulations, they may be subject to fines, penalties, or other enforcement actions. In some cases, they may also be required to correct or remove the violating use or structure.

Property owners or developers who disagree with a zoning or land use decision by the local government may have the right to appeal the decision to a higher administrative or judicial body. The specific procedures and standards for appeals can vary depending on the jurisdiction and the type of decision being appealed.

Challenges and Controversies in Land Use and Zoning

While zoning and land use regulations are intended to promote the health, safety, and welfare of communities, they can also be the source of significant challenges and controversies. Some of the key issues and debates surrounding land use and zoning in the 21st century include:

Affordable Housing and Inclusionary Zoning

One of the most pressing challenges facing many communities today is the lack of affordable housing, particularly in high-cost urban and suburban areas. Zoning and land use regulations can play a significant role in shaping the supply and distribution of affordable housing, either by facilitating or constraining its development.

Inclusionary zoning is one approach that some communities have adopted to address this challenge. Under inclusionary zoning, developers are required or incentivized to include a certain percentage of affordable housing units in new residential developments, either on-site or through off-site contributions or fees.

Proponents of inclusionary zoning argue that it can help to create more mixed-income communities and expand access to affordable housing in high-opportunity areas. Critics, however, argue that it can increase the cost and complexity of development, and may discourage or delay the production of new housing overall.

Other strategies for addressing affordable housing through zoning and land use regulations may include:

Allowing for a wider range of housing types and densities, such as accessory dwelling units, micro-units, and multi-family buildings.
Reducing or eliminating minimum lot size and parking requirements
Providing density bonuses or other incentives for affordable housing development.
Establishing housing trust funds or other dedicated funding sources for affordable housing.
Strengthening tenant protections and anti-displacement measures in areas undergoing redevelopment or gentrification.

Environmental Justice and Health Equity

Another major challenge in land use and zoning is ensuring that the benefits and burdens of development are distributed equitably across communities, particularly those that have been historically marginalized or disadvantaged.

Environmental justice is the principle that all people have the right to live, work, and play in a healthy and safe environment, regardless of their race, income, or other socio-economic factors. However, many low-income communities and communities of color have been disproportionately impacted by polluting industries, hazardous waste sites, and other environmental harms, often as a result of discriminatory zoning and land use practices.

Health equity is a related concept that focuses on the social, economic, and environmental factors that influence health outcomes and disparities among different populations. Zoning and land use regulations can play a significant role in shaping these factors, such as access to healthy food, green space, and active transportation options.

Some strategies for promoting environmental justice and health equity through zoning and land use regulations may include:

Conducting health impact assessments and environmental justice analyses for proposed development projects and zoning changes.
Establishing buffer zones or performance standards to reduce exposure to environmental hazards in vulnerable communities.
Providing incentives or requirements for the development of healthy food outlets, parks, and other community amenities in underserved areas.
Engaging and empowering community members in the planning and decision-making process, particularly those from marginalized or disadvantaged groups.
Addressing the legacy of discriminatory zoning practices, such as redlining and exclusionary zoning, through targeted investments and policy reforms.

Climate Change and Resilience

Climate change is another major challenge that is increasingly shaping land use and zoning decisions in communities across the United States and around the world. As the impacts of climate change become more severe and widespread, communities are grappling with how to adapt their built environment and infrastructure to be more resilient to extreme weather events, sea level rise, and other climate-related hazards.

Zoning and land use regulations can play a key role in promoting climate resilience by:

Restricting development in high-risk areas, such as floodplains, coastal zones, and wildfire-prone areas.
Requiring or incentivizing the use of green infrastructure, such as permeable pavements, green roofs, and rain gardens, to reduce stormwater runoff and urban heat island effects.
Encouraging compact, mixed-use development patterns that reduce vehicle miles traveled and associated greenhouse gas emissions.
Preserving and enhancing natural areas, such as wetlands, forests, and open space, provide important ecosystem services and carbon sequestration benefits.
Establishing building codes and design standards that promote energy efficiency, renewable energy, and other sustainable building practices.

At the same time, climate change is also creating new challenges and opportunities for land use and zoning, such as the need to plan for a managed retreat from vulnerable coastal areas or the potential for new agricultural or renewable energy development in areas that were previously unsuitable.

Technology and Innovation

Finally, the rapid pace of technological change and innovation is also transforming the way that communities plan for and regulate land use and development. From the rise of e-commerce and the sharing economy to the emergence of autonomous vehicles and smart city technologies, new technologies are disrupting traditional land use patterns and creating new challenges and opportunities for zoning and land use regulation.

Some of the key issues and trends related to technology and innovation in land use and zoning include:

The impact of online shopping and delivery on traditional brick-and-mortar retail and the demand for commercial real estate.
The growth of short-term rentals and home-sharing platforms, such as Airbnb and VRBO, and the need for new regulations to address their impacts on housing affordability and neighborhood character.
The potential for autonomous vehicles to reduce the need for parking and reshape urban transportation systems, as well as the challenges of regulating their use and ensuring safety.
The emergence of smart city technologies, such as sensor networks, data analytics, and digital infrastructure, and the need for new governance models and public-private partnerships to manage and leverage these technologies for public benefit.
The increasing use of geospatial data and mapping tools, such as GIS and 3D visualization, to support land use planning and decision-making, as well as the challenges of ensuring data privacy and security.

As these and other technological trends continue to evolve, communities will need to adapt their land use and zoning regulations to keep pace with the changing landscape and ensure that the benefits of innovation are shared equitably across all segments of society.

Conclusion

Land use and zoning laws are critical tools for communities to shape the built environment and promote the health, safety, and welfare of their residents. From the early days of tenement housing reforms to the current challenges of affordable housing, environmental justice, climate change, and technological innovation, the history and evolution of land use and zoning law reflect the changing needs and values of society.

Today, communities across the United States and around the world are grappling with a range of complex and interconnected challenges related to land use and development, from the need for more sustainable and equitable growth patterns to the impacts of globalization and technological disruption. Zoning and land use regulations offer a powerful set of tools for addressing these challenges, but they must be used in a way that is responsive to the local context, grounded in community engagement and empowerment, and aligned with broader goals of social, economic, and environmental justice.

Some of the key priorities and strategies for advancing sustainable, equitable, and resilient land use and zoning in the 21st century may include:

Developing more flexible and adaptive zoning codes that can accommodate a range of housing types, densities, and uses, while also promoting high-quality design and placemaking.
Integrating land use planning with transportation, economic development, and other related fields to create more holistic and coordinated approaches to community development.
Engaging and empowering communities, particularly those that have been historically marginalized or disadvantaged, in the planning and decision-making process, and ensuring that the benefits and burdens of development are distributed equitably.
Leveraging new technologies and data sources to support more evidence-based and participatory planning and zoning, while also ensuring privacy, security, and transparency.
Addressing the root causes of housing unaffordability, segregation, and displacement, through a range of strategies such as inclusionary zoning, community land trusts, and tenant protections.
Promoting more sustainable and resilient land use patterns that reduce greenhouse gas emissions, protect natural resources, and adapt to the impacts of climate change.

Ultimately, the success of land use and zoning laws in creating more just, sustainable, and livable communities will depend on the collective efforts and leadership of policymakers, planners, developers, advocates, and community members. By working together to shape the future of our built environment, we can create a more equitable, resilient, and prosperous future for all.