Zoning Resolution
A zoning resolution is a regulation in urban planning in the United States; under zoning regulation of land use in cities and towns is understood. For this purpose, an administrative unit is divided into different districts (zoning districts) , for which the types of use (e.g. residential, commercial, industrial), the building density, building heights, distances to the street and other properties as well as other requirements (provision of parking spaces , Open spaces, etc.) are specified in the zoning resolution . The zoning resolution usually consists of a map (zoning map) and the actual ordinance (zoning text) and is legally binding. Zoning is therefore roughly comparable to a development plan .
In contrast to many European countries, there are no binding, state-wide statutory regulations in the USA for the preparation of land use and development plans. Zoning resolutions are usually drawn up by the respective cities and municipalities and therefore differ from municipality to municipality. Also, not every administrative unit has a zoning resolution, which mostly applies to smaller cities and communities, but even metropolises like Houston , Texas, do not have a formal zoning resolution, although often comparable regulations.
history
The first zoning resolution, with a model character for the whole of the USA, was the zoning resolution for New York City from 1916. Triggered by the unregulated growth of the city, in which unhealthy industries had emerged next to residential areas, and especially by the 38- story Equitable Building , which took no account of the neighboring properties and cast a shade of up to three hectares, the city council was forced to regulate the land use.
In the following years, the New York model was adopted and adapted by other cities and municipalities, but was initially not without controversy. Many property owners saw zoning as an expropriation without compensation (because their rights of use were restricted) and sued. Only with the decision of the US Supreme Court in the Village of Euclid v. Ambler Realty Co. in 1926, zoning was recognized as legally undisputed.
Types of zoning
While classic zoning ( also known as "Euclidean Zoning" because of the Village of Euclid v. Amber Realty Co. litigation ) only defined the type of use and the basic structure, there are approaches to refine zoning as a planning instrument.
Form-based zoning is increasingly trying to include design elements in the zoning, for example by stipulating certain building types and design elements. An example of this is the Louisville (Kentucky) Land Development Code of 2003.
Incentive zoning is an approach to achieve certain planning goals through incentives in zoning. In order to create affordable housing, for example, investors in New York City who provide a certain percentage of apartments for low or middle income residents receive a bonus in terms of the permitted building height and the maximum floor space.
Individual evidence
- ^ Zoning Maps ( Memento from December 10, 2008 in the Internet Archive )
- ↑ http://www.planetizen.com/node/109
- ↑ http://nyc.gov/html/dcp/html/zone/zonehis.shtml#history
- ^ Village of Euclid v. Ambler Realty Co., 272 US 365, 71 L.Ed. 303, 47 S.Ct. 114 (1926)
- ↑ http://www.louisvilleky.gov/PlanningDesign/ldc/
- ↑ http://nyc.gov/html/dcp/html/zone/zh_inclu_housing.shtml