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== Types == There are a great variety of zoning types, some of which focus on regulating building form and the relation of buildings to the street with mixed uses, known as form-based, others with separating land uses, known as use-based, or a combination thereof. Use-based zoning systems can comprise single-use zones, mixed-use zones - where a compatible group of uses are allowed to co-exist - or a combination of both single and mixed-use zones in one system. The main approaches include use-based, form-based, performance and incentive zoning.<ref>{{Cite web |title=Zoning - GIS Wiki {{!}} The GIS Encyclopedia |url=http://wiki.gis.com/wiki/index.php/Zoning |access-date=2024-01-28 |website=wiki.gis.com}}</ref><ref name=":14">{{Cite web |date=2017-12-02 |title=Types of Land Use Zoning {{!}} The Geography of Transport Systems |url=https://transportgeography.org/contents/chapter8/urban-land-use-transportation/land-use-zoning/ |access-date=2024-02-09 |language=en-US}}</ref> There are also several additional zoning provisions used in combination with the main approaches. === Main approaches to zoning === ==== Use-based zoning ==== {{Main|Functional zoning}} Use-based or [[functional zoning]]<ref name=":14" /> systems can comprise single-use zones, mixed-use zones—where a compatible group of uses are allowed to co-exist —or a combination of both single- and mixed-use zones in one system.<ref name=":16">Mandelker, Daniel R., Zoning for Mixed-Use Development (July 14, 2023). 58 Real Property, Trust and Estate Law Journal, Spring 2023, Washington University in St. Louis Legal Studies Research Paper No. 23-07-01, Available at SSRN: https://ssrn.com/abstract=4510458</ref> ===== Single-use zoning ===== {{See also|Single-family zoning}} [[File:Aerial_View_Chatswood_to_Sydney_CBD.jpg|thumb|upright=1.5|Aerial view of [[Chatswood,_New_South_Wales|Chatswood]], Australia, looking towards [[Sydney]]. The boundaries between low density residential, commercial and industrial zones are clearly visible.]] The primary purpose of single-use zoning is to geographically separate uses that are thought to be incompatible. In practice, zoning is also used to prevent new development from interfering with existing uses and/or to preserve the character of a community. Single-use zoning is where only one kind of use is allowed per zone, or district. It is also known as exclusionary zoning<ref name="Hirt 2014" />{{rp||page=65}} or, in the United States, as ''[[Euclidean zoning]]'' because of a court case in [[Euclid, Ohio]], ''[[Village of Euclid, Ohio v. Ambler Realty Co.]]'' {{ussc|272|365|1926}}, which established its constitutionality.<ref>Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (SC November 22, 1926).</ref> It has been the dominant system of zoning in North America, especially the [[Zoning in the United States|United States]], since its first implementation.<ref name="Hirt 2014" />{{rp||pages=61-63}} Commonly defined single-use districts include: residential, commercial, and industrial.<ref name=":15">American Society of Planning Officials. January, 1952. [https://www.planning.org/pas/reports/report34.htm The Special District — A New Zoning Development], Information Report No. 34. Chicago, IL, USA.</ref> Each category can have a number of sub-categories, for example, within the commercial category there may be separate districts for small retail, large retail, office use, lodging and others, while industrial may be subdivided into heavy manufacturing, light assembly and warehouse uses.<ref>{{Cite book |last=Owens |first=David W. |title=Introduction to Zoning and Development Regulation |date=January 15, 2014 |publisher=UNC School of Government |isbn=978-1-56011-744-5 |edition=4th |location=Chapel Hill, NC, USA |pages=34 |language=en}}</ref> Special districts may also be created for purposes like public facilities, recreational amenities, and green space.<ref name=":15" /> The application of single-use zoning has led to the distinctive form of many cities in the [[United States]], [[Canada]], [[Australia]], and [[New Zealand]], in which a very dense [[Central business district|urban core]], often containing [[skyscraper]]s, is surrounded by low density residential [[suburb]]s, characterised by large [[garden]]s and [[Avenue (landscape)|leafy streets]]. Some metropolitan areas such as [[Minneapolis–Saint Paul]] and [[Sydney]] have several such cores. ===== Mixed-use zoning ===== {{See also|Mixed-use development}} Mixed-use zoning combines residential, commercial, office, and public uses into a single space.<ref name=":16" /> Mixed-use zoning can be vertical, within a single building, or horizontal, involving multiple buildings.<ref name=":16" /> Planning and community activist [[Jane Jacobs]] wrote extensively on the connections between the separation of uses and the failure of [[urban renewal]] projects in New York City. She advocated dense [[Mixed-use development|mixed-use developments]] and [[Walkability|walkable streets]]. In contrast to villages and towns, in which many residents know one another, and low-density outer suburbs that attract few visitors, cities and inner city areas have the problem of maintaining order between strangers.<ref name="Jacobs1961">{{Cite book |last=Jacobs |first=Jane |title=The Death and Life of Great American Cities |publisher=Bodley Head |year=1961 |isbn=9781847926180}}</ref>{{rp|26,39–44}} This order is maintained when, throughout the day and evening, there are sufficient people present with [[Natural surveillance|eyes on the street]]. {{r|Jacobs1961|p=45-65}} This can be accomplished in successful urban districts that have a great diversity of uses, creating interest and attracting visitors. {{r|Jacobs1961|p=155-190}} Jacobs' writings, along with increasing concerns about urban sprawl, are often credited with inspiring the [[New Urbanism]] movement. To accommodate the New Urbanist vision of walkable communities combining [[Coffeehouse|cafés]], [[Restaurant|restaurants]], [[Office|offices]] and residential development in a single area, mixed-use zones have been created within some zoning systems. These still use the basic regulatory mechanisms of zoning, excluding incompatible uses such as [[heavy industry]] or [[Sewage farm|sewage farms]], while allowing compatible uses such as residential, commercial and retail activities so that people can live, work and socialise within a compact geographic area.<ref>{{cite web |title=Mixed-Use Zoning |url=https://sustainablecitycode.org/brief/mixed-use-zoning-3/ |publisher=Sustainable City Code}}</ref> The mixing of land uses is common throughout the world. Mixed-use zoning has particular relevance in the United States, where it is proposed as a remedy to the problems caused by widespread single-use zoning.<ref>{{Cite journal |last=Hirt |first=Sonia |date=July 12, 2012 |title=Mixed Use by Default: How the Europeans (Don't) Zone |url=http://journals.sagepub.com/doi/10.1177/0885412212451029 |journal=Journal of Planning Literature |language=en |volume=27 |issue=4 |pages=375–393 |doi=10.1177/0885412212451029 |issn=0885-4122}}</ref> ==== Form-based zoning ==== {{Main|Form-based code}} Form-based or intensity<ref name=":14" /> zoning regulates not the type of land use, but the form that land use may take.<ref name=":26">{{Cite web |title=Form-Based Codes Defined |url=https://formbasedcodes.org/definition/ |access-date=2024-01-28 |website=Form-Based Codes Institute at Smart Growth America |language=en-US}}</ref> For instance, form-based zoning in a dense area may insist on low setbacks, high density, and pedestrian accessibility. [[Form-based code|Form-based codes]] (FBCs) are designed to directly respond to the physical structure of a community in order to create more walkable and adaptable environments.<ref name=":27" />[[File:Eiffel_Tower_from_the_Tour_Montparnasse_3,_Paris_May_2014.jpg|thumb|[[Paris]], looking toward the high density district of [[La Défense]]]] Form-based zoning codes have five main elements: a regulating plan, public standards, building standards, and precise definitions of technical terms.<ref name=":26" /> Form-based codes recognize the interrelated nature of all components of land-use planning—zoning, subdivision, and public works—and integrate them to define districts based on the community's desired character and intensity of development.<ref name=":27">{{Cite web |last1=Madden |first1=Mary |last2=Russell |first2=Joel |date=December 5, 2014 |title=An Introduction to Form-Based Codes |url=https://plannersweb.com/2014/12/fbc1/ |archive-url=https://web.archive.org/web/20240303165345/https://plannersweb.com/2014/12/fbc1/ |archive-date=March 3, 2024 |access-date=March 3, 2024 |website=Planners Web: News & Information for Citizen Planners}}</ref> The French planning system is mostly form-based; zones in French cities generally allow many types of uses.<ref>{{cite web |date=24 January 2019 |title=How Paris is betting on mixed-use development |url=https://www.jll.cl/es/trends-and-insights/cities/how-paris-is-betting-on-mixed-use-development |publisher=JLL website}}</ref> The city of [[Paris]] has used its zoning system to concentrate high-density office buildings in the district of [[La Défense]] rather than allow heritage buildings across the city to be demolished to make way for them, as is often the case in London or New York.<ref>{{cite web |year=2016 |title=Londoners back limit on skyscrapers as fears for capital's skyline grow |url=https://www.theguardian.com/uk-news/2016/aug/27/londoners-back-skyscraper-limit-skyline |work=The Guardian}}</ref> The construction of the [[Tour Montparnasse|Montparnasse Tower]] in 1973 led to an outcry. As a result, two years after its completion the construction of buildings over seven storeys high in the city centre was banned.<ref>{{cite news |last=Laurenson |first=John |date=2013-06-18 |title=Does Paris need new skyscrapers? |url=https://www.bbc.co.uk/news/world-europe-22811518 |access-date=2013-06-18 |work=[[BBC News]]}}</ref> ==== Performance zoning ==== {{See also|Performance-based building design}} Performance zoning, also known as flexible or impact zoning<ref>{{Cite web |last=Commission |first=Chester County Planning |title=Chester County Planning Commission |url=https://www.chescoplanning.org/ |access-date=2024-02-09 |website=www.chescoplanning.org |language=en}}</ref> or effects-based planning, was first advocated by Lane Kendig in 1973.<ref>{{Cite web |title=Fall Speaker Series: Using the New Performance Zoning with Lane Kendig |url=https://planning.unc.edu/event/fall-speaker-series-lane-kendig/ |access-date=2024-02-12 |website=CAROLINA PLANNING |language=en-US}}</ref> It uses performance-based or goal-oriented criteria to establish review parameters for proposed development projects.<ref name="Hirt 2014" />{{rp|77}} Performance zoning may use a menu of compliance options where a property developer can earn points or credits for limiting environmental impacts, including affordable housing units, or providing public amenities. In addition to the menu and points system, there may be additional discretionary criteria included in the review process.<ref name=":3" /> Performance zoning may be applied only to a specific type of development, such as housing, and may be combined with a system of use-based districts.<ref>{{Cite journal |last=Nolon |first=John |date=2002-10-16 |title=Performance Zoning: Shaping Land Development Patterns Today |url=https://digitalcommons.pace.edu/lawfaculty/700 |journal=Elisabeth Haub School of Law Faculty Publications}}</ref> Performance zoning is flexible, logical, and transparent while offering a form of accountability.<ref name=":3">{{cite book |url=http://www.nap.edu/openbook.php?record_id=12465&page=90 |title=Urban Stormwater Management in the United States |date=17 February 2009 |isbn=978-0-309-12539-0 |doi=10.17226/12465 |access-date=10 September 2014 |archive-url=https://web.archive.org/web/20140911001821/http://www.nap.edu/openbook.php?record_id=12465&page=90 |archive-date=11 September 2014 |url-status=live}}</ref> These qualities are in contrast with the seemingly arbitrary nature of use-based zoning. Performance zoning can also fairly balance a region's environmental and housing needs across local jurisdictions.<ref>{{Cite journal |last1=Yannacone |first1=Victor John |last2=Rahenkamp |first2=John |last3=Cerchione |first3=Angelo J. |date=1976 |title=Impact Zoning: Alternative to Exclusion in the Suburbs |url=https://www.jstor.org/stable/27890703 |journal=The Urban Lawyer |volume=8 |issue=3 |pages=417–448 |jstor=27890703 |issn=0042-0905}}</ref> Performance zoning balances principles of markets and private property rights with environmental protection goals.<ref name=":3" /> However, performance zoning can be extremely difficult to implement due to the complexity of preparing an impact study for each project,<ref name="Hirt 2014" />{{rp||pages=|page=77}} and can require the supervising authority to exercise a lot of discretion.<ref name=":3" /> Performance zoning has not been adopted widely in the US.<ref>{{Cite book |last=Gray |first=M. Nolan |title=Arbitrary lines: how zoning broke the American city and how to fix it |date=2022 |publisher=Island Press |isbn=978-1-64283-254-9 |location=Washington Covelo [Calif.] |pages=47 |language=en}}</ref><ref name=":7" /> ==== Incentive zoning ==== Incentive zoning allows property developers to develop land more intensively, such as with greater density or taller buildings, in exchange for providing some public benefits, such as environmental amenities or affordable housing units.<ref name=":1">{{Cite journal |last1=Homsy |first1=George C. |last2=Kang |first2=Ki Eun |date=2023-01-02 |title=Zoning Incentives: Exploring a Market-Based Land Use Planning Tool |url=https://www.tandfonline.com/doi/full/10.1080/01944363.2022.2050935 |journal=[[Journal of the American Planning Association]] |language=en |volume=89 |issue=1 |pages=61–71 |doi=10.1080/01944363.2022.2050935 |issn=0194-4363}}</ref> The public benefits most often incentivised by US cities are "mixed-use development, open space conservation, walkability, affordable housing, and public parks."<ref name=":1" /> Incentive zoning allows for a high degree of flexibility, but may be complex to administer. The more a proposed development takes advantage of incentive criteria, the more closely it has to be reviewed on a discretionary basis. The initial creation of the incentive structure in order to best serve planning priorities also may be challenging and often requires extensive ongoing revision to maintain balance between incentive magnitude and value given to developers.<ref name=":82" /> Incentive zoning may be most effective in communities with well-established standards and where demand for both land and for specific amenities is high. However, hidden costs may still offset its benefits.<ref name=":7" /> Incentive zoning has also been criticized for increasing traffic, reducing natural light, and offering developers larger rewards than those reaped by the public.<ref name=":82">{{Cite news |last=Lueck |first=Thomas J. |date=1989-07-23 |title=The Bulk-for-Benefits Deal in Zoning |url=https://www.nytimes.com/1989/07/23/realestate/the-bulk-for-benefits-deal-in-zoning.html |access-date=2021-12-05 |work=The New York Times |language=en-US |issn=0362-4331}}</ref> === Additional provisions === Additional zoning provisions exist that are not their own distinct types of zoning but seek to improve existing varieties through the incorporation of flexible practices and other elements such as [[Information and communications technology|information and communication technologies]] (ICTs).<ref name=":9">{{Citation |last1=Arif |first1=Hassan |title=Experiments with Smart Zoning for Smart Cities |date=2015 |work=Smart Cities as Democratic Ecologies |pages=173–199 |url=http://dx.doi.org/10.1057/9781137377203_12 |access-date=2021-12-05 |place=London |publisher=Palgrave Macmillan UK |doi=10.1057/9781137377203_12 |isbn=978-1-137-37719-7 |last2=Cole |first2=Roland J. |last3=Cole |first3=Isabel A.}}</ref> ==== Smart zoning ==== {{See also|Smart growth|Smart city}}Smart zoning is a broad term that consists of several alternatives to use-based zoning that incorporate information and communication technologies.<ref name=":92">{{Citation |last1=Arif |first1=Hassan |title=Experiments with Smart Zoning for Smart Cities |date=2015 |work=Smart Cities as Democratic Ecologies |pages=173–199 |url=http://dx.doi.org/10.1057/9781137377203_12 |access-date=2021-12-05 |place=London |publisher=Palgrave Macmillan UK |doi=10.1057/9781137377203_12 |isbn=978-1-137-37719-7 |last2=Cole |first2=Roland J. |last3=Cole |first3=Isabel A.}}</ref> There are a number of different techniques to accomplish smart zoning. Floating zones, cluster zoning, and planned unit developments (PUDs) are possible—even as the conventional use-based code exists{{r|Hirt 2014}}—or the conventional code may be completely replaced by a smart performance or form-based code, as the city of Miami did in 2019.<ref name=":6">{{Cite web |title=Miami21: Your City, Your Plan |url=http://www.miami21.org/ |access-date=2021-12-05 |website=www.miami21.org}}</ref> The incorporation of ICTs to measure metrics such as [[walkability]], and the flexibility and adaptability that smart zoning can provide, have been cited as advantages of smart zoning over "non-smart" performance or form-based codes.<ref name=":92" /> ==== Floating zones ==== Floating zones describe a zoning district's characteristics and codify requirements for its establishment, but its location remains unspecified until conditions exist to implement that type of zoning district.<ref name=":7">{{Cite web |title=Property Topics and Concepts |url=https://www.planning.org/divisions/planningandlaw/propertytopics.htm |access-date=2021-12-05 |website=American Planning Association}}</ref> When the criteria for implementation of a floating zone are met, the floating zone ceases "to float" and its location is established by a zoning amendment.<ref name=":7" /> ==== Cluster zoning ==== Cluster zoning permits residential uses to be clustered more closely together than normally allowed, thereby leaving substantial land area to be devoted to open space.<ref name=":10" /> Cluster zoning has been favored for its preservation of open space and reduction in construction and utility costs via consolidation,<ref name=":10">{{Cite web |title=Cluster Subdivisions |url=https://www.planning.org/pas/reports/report135/ |access-date=2021-12-05 |website=American Planning Association}}</ref> although existing residents may often disapprove due to a reduction in lot sizes.<ref name=":11">{{Cite web |title=Residents object to cluster development plans |url=https://www.candgnews.com/news/residents-object-to-cluster-development-plans-109514 |access-date=2021-12-05 |website=www.candgnews.com |language=en}}</ref> ==== Planned unit development (PUD) ==== {{Main|Planned unit development}} The term planned unit development (PUD) can refer either to the regulatory process or to the development itself.<ref name=":17">{{Cite web |title=FAQs • What is a Planned Unit Development (PUD)? |url=https://www.greenbaywi.gov/Faq.aspx?QID=188 |access-date=2024-02-24 |website=www.greenbaywi.gov}}</ref> A PUD groups multiple compatible land uses within a single unified development.<ref name=":17" /> A PUD can be residential, mixed-use, or a larger master-planned community.<ref name=":18">{{Cite web |date=2024-01-17 |title=Planned Unit Developments: What Real Estate Agents Should Know |url=https://www.nar.realtor/residential-real-estate/planned-unit-developments |access-date=2024-02-24 |website=www.nar.realtor |language=en}}</ref> Rather than being governed by standard zoning ordinances, the developer negotiates terms with the local government.<ref name=":18" /> At best, a PUD provides flexibility to create convenient ways for residents to access commercial and other amenities.<ref name=":18" /> In the US, residents of a PUD have an ongoing role in management of the development through a [[Homeowner association|homeowner's association]].<ref name=":18" /> ==== Pattern zoning ==== Pattern zoning is a zoning technique in which a municipality provides licensed, pre-approved building designs, typically with an expedited permitting process.<ref name=":2">{{Cite web |last=Steuteville |first=Robert |date=2020-05-12 |title='Pattern zone' enables quality infill development |url=https://www.cnu.org/publicsquare/2020/05/12/pattern-zone-enables-quality-infill-development |access-date=2021-04-18 |website=CNU |language=en}}</ref><ref>{{Cite web |last=Progress |first=Cydney Baron/Special to the |title=City forges ahead with zoning overhaul |url=https://www.claremoreprogress.com/news/city-forges-ahead-with-zoning-overhaul/article_ea42ffa8-1d57-11eb-b83e-bf1020a81e6f.html |access-date=2021-04-18 |website=Claremore Daily Progress |date=3 November 2020 |language=en}}</ref><ref>{{Cite web |title=The Third Place » Montgomery County Needs 'Cookie Cutter' Urban Design to 'bake' a Better Future {{!}} MontgomeryPlanning.org |url=https://montgomeryplanning.org/blog-design/2020/10/montgomery-county-needs-cookie-cutter-urban-design-to-bake-a-better-future/ |access-date=2021-04-18 |website=montgomeryplanning.org}}</ref> Pattern zoning is used to reduce barriers to housing development, create more affordable housing, reduce burdens on permit-review staff, and create quality housing designs within a certain neighborhood or jurisdiction.<ref name=":2" /><ref>{{Cite web |title=MRSC - What's Not to Like? – Pre-Approved Plans Offer Faster Permitting, Cheaper Housing, Quality Design |url=https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2014/What%E2%80%99s-Not-to-Like-%E2%80%93-Pre-Approved-Plans-Offer-Fast.aspx |access-date=2021-04-18 |website=mrsc.org}}</ref> Pattern zoning may also be used to promote certain building types such as [[missing middle housing]] and affordable small-scale commercial properties.<ref>{{Cite web |last=Petty |first=Matthew |date=2018-07-30 |title=Save the Suburbs with Pattern Zones |url=http://buildabetterburb.org/save-the-suburbs-with-pattern-zones/ |access-date=2021-04-18 |website=Build a Better Burb}}</ref><ref>{{Cite web |last=Grabar |first=Henry |date=2021-04-12 |title="Good Design" Is Making Bad Cities |url=https://slate.com/business/2021/04/good-design-bad-cities-zoning-commissions-preservation-boards.html |access-date=2021-04-18 |website=Slate Magazine |language=en}}</ref><ref>{{Cite web |date=July 2018 |title=Metrotrends Demographic Review and Outlook |url=https://nebula.wsimg.com/0fa4fd0bda312c3d89f4553866d9a4cf?AccessKeyId=3FD24017074D10E681BB&disposition=0&alloworigin=1 |website=Metroplan}}</ref> In some cases, a municipality purchases design patterns and constructs the properties themselves while in other cases the municipality offers the patterns for private development.<ref>{{Cite web |title=Pattern Zoning in Midtown |url=https://www.bryantx.gov/midtownpatterns/ |access-date=2021-04-18 |website=City of Bryan, Texas |language=en-US}}</ref><ref>{{Cite web |title=Milwaukee's New Home Catalogue |url=https://city.milwaukee.gov/DCD/CityRealEstate/NewHomeCatalogue |access-date=2021-04-18 |website=city.milwaukee.gov}}</ref><ref>{{Cite web |last=Tribune |first=George Myers Kokomo |title=Urban infill project targets Kokomo neighborhoods |url=https://www.kokomotribune.com/news/local_news/urban-infill-project-targets-kokomo-neighborhoods/article_a9e75f0c-baae-11e8-a896-fb406ecd6aeb.html |access-date=2021-04-18 |website=Kokomo Tribune |date=18 September 2018 |language=en}}</ref><ref>{{Cite web |title=Residential Plans Library {{!}} Roanoke, VA |url=https://www.roanokeva.gov/1297/Residential-Plans-Library |access-date=2021-09-26 |website=www.roanokeva.gov}}</ref><ref>{{Cite web |title=South Bend's Infill Plans Include Pre-Approved Multi-Family Designs |url=https://www.planetizen.com/news/2022/08/118531-south-bends-infill-plans-include-pre-approved-multi-family-designs |access-date=2022-09-03 |website=www.planetizen.com |language=en}}</ref> ==== Hybrid zoning ==== A hybrid zoning code combines two or more approaches, often use-based and form-based zoning.<ref name=":24">{{Cite journal |last=Strungys |first=Arista |date=May 2008 |title=The Five Steps to a Hybrid Code |url=https://planning-org-uploaded-media.s3.amazonaws.com/document/Zoning-Practice-2008-05.pdf |journal=Zoning Practice |volume=25 |issue=5 |pages=2–7}}</ref> Hybrid zoning can be used to introduce form and design considerations into an existing community's zoning without completely rewriting the zoning ordinance.<ref name=":24" /> Composite zoning is a particular type of hybrid zoning that combines use, form, and site design components: * the use component establishes how land can be used within a district, as in use-based or functional zoning; * the form (also known as architectural) component sets standards for building design, such as height and facades; * the site design component specifies how buildings are situated on the site, such as setbacks and open space.<ref name=":25">[https://salisbury.md/wp-content/uploads/2020/10/Zoning-Best-Practices_Summary09182020.pdf Analysis of Zoning Code Best Practices: City of Salisbury, MD – Zoning Code Rewrite]. September, 2020. p. 5</ref> An advantage of composite zoning is the ability to create flexible zoning districts for smoother transitions between adjacent properties with different uses.<ref name=":25" /> ==== Inclusionary zoning ==== {{Main|Inclusionary zoning}} Inclusionary zoning refers to policies to increase the number of housing units within a development that are affordable to low and middle-income households. These policies can be mandatory as part of performance zoning<ref name=":3" /> or based on voluntary incentives,<ref name=":1" /> such as allowing greater density of development.<ref>{{Cite web |title=Inclusionary Zoning and Mixed-Income Communities {{!}} HUD USER |url=https://www.huduser.gov/portal/periodicals/em/spring13/highlight3.html |access-date=2024-02-24 |website=www.huduser.gov}}</ref> ==== Overlay zoning ==== An overlay zone is a zoning district that overlaps one or more zoning districts to address a particular concern or feature of that area, such as wetlands, historic buildings or [[transit-oriented development]].<ref name=":7" /><ref>{{cite report |url=http://www.reconnectingamerica.org/assets/Uploads/bestpractice230.pdf |title=Model Transit-Oriented District Overlay Zoning Ordinance |author=Community Design + Architecture, Inc |date=June 29, 2001 |publisher= |page= |docket= |quote= |author-link= |access-date=March 3, 2024 |archive-url=https://web.archive.org/web/20240303173601/http://www.reconnectingamerica.org/assets/Uploads/bestpractice230.pdf |archive-date=March 3, 2024}}</ref> Overlay zoning has the advantage of providing targeted regulation to address a specific issue, such as a natural hazard, without having to significantly rewrite an existing zoning ordinance.<ref name=":22">{{Cite web |title=Overlay Zoning {{!}} Planning For Hazards |url=https://planningforhazards.com/overlay-zoning |access-date=2024-02-25 |website=planningforhazards.com}}</ref> However, development of overlay zoning regulation often requires significant technical expertise.<ref name=":22" /> ==== Transferable development rights ==== {{Main|Transferable development rights}} Transferable development rights, also known as transfer of development credits and transferable development units,<ref>American Farmland Trust. April, 2008. "[http://www.farmland.org//programs/states/wa/documents/APPENDIXH-Transferofdevelopmentrights.pdf Transfer of Development Rights: Fact Sheet]." Washington, D.C. </ref> are based on the concept that with land ownership comes the right of use of land, or [[land development]]. These land-based development rights can, in some jurisdictions, be used, unused, sold, or otherwise transferred by the owner of a parcel.<ref name=":23">{{Cite book |last1=Nelson |first1=Arthur C. |title=The TDR Handbook: Designing and Implementing Transfer of Development Rights Programs |last2=Pruetz |first2=Rick |last3=Woodruff |first3=Doug |publisher=Island Press |year=2011 |isbn=9781610911597 |location=Washington, D.C. |pages=3 |language=en}}</ref> These are typically used to transfer development rights from rural areas (sending sites) to urban areas (receiving sites) with more demand and infrastructure to support development.<ref name=":23" /> ==== Spot zoning ==== {{Main|Spot zoning}} Spot zoning is a controversial practice in which a small part of a larger zoning district is rezoned in a way that is not consistent with the community's broader planning process.<ref>{{Cite web |last=Owens |first=David |date=2011-03-09 |title=Is This Spot Legal? |url=https://canons.sog.unc.edu/2011/03/is-this-spot-legal/ |access-date=2024-02-25 |website=Coates’ Canons NC Local Government Law |language=en-US}}</ref> While a jurisdiction can rezone even a single parcel of land in some cases, spot zoning is often disallowed when the change would conflict with the policies and objectives of existing land-use plans.<ref name=":28">{{Cite journal |last=Widner |first=Robert C. |date=Spring 2001 |title=Avoiding Spot Zoning |url=https://plannersweb.com/wp-content/uploads/2001/04/265.pdf |journal=Planning Commissioners Journal |volume=2001 |issue=2 |pages=15 |archive-url=https://web.archive.org/web/20240303180158/https://plannersweb.com/wp-content/uploads/2001/04/265.pdf |archive-date=March 3, 2024}}</ref> Other factors that may be considered in these cases are the size of the parcel, the zoning categories involved, how adjacent properties are zoned and used, and expected benefits and harms to the landowner, neighbors, and community.<ref name=":28" /> ==== Conditional zoning ==== Conditional zoning is a legislative process in which site-specific standards and conditions become part of the zoning ordinance at the request of the property owner.<ref name=":19">{{Cite web |last=Owens |first=David |date=2012-11-13 |title=A Conditional What? Clarifying Some Confusing Zoning Terminology |url=https://canons.sog.unc.edu/2012/11/a-conditional-what-clarifying-some-confusing-zoning-terminology/ |access-date=2024-02-25 |website=Coates’ Canons NC Local Government Law |language=en-US}}</ref> The conditions may be more or less restrictive than the standard zoning.<ref name=":19" /> Conditional zoning can be considered [[spot zoning]] and can be challenged on those grounds.<ref name=":19" /> Conditional zoning should not be confused with conditional-use permits (also called [[Special-use permit|special-use permits]]), a quasi-judicial process that enables land uses that, because of their special nature, may be suitable only in certain locations, or when arranged or operated in a particular manner.<ref name=":20">{{cite web |year=2015 |title=Zoning and Conditional Use Permits |url=https://www.ca-ilg.org/hn-online-guide/zoning-and-conditional-use-permits |publisher=Institute for Local Government}}</ref><ref name=":19" /> Uses which might be disallowed under current zoning, such as a school or a community center, can be permitted via conditional-use permits.<ref name=":20" /> ==== Contract zoning ==== {{Main|Contract zoning}}Contract zoning is a controversial practice in which there is a bilateral agreement between a property owner and a local government to rezone a property in exchange for a commitment from the developer.<ref>Fraietta, Philip, Contract & Conditional Zoning Without Romance: A Public Choice Analysis (March 1, 2013). Fordham Law Review, Vol. 81, No. 4, 2013, Available at SSRN: <nowiki>https://ssrn.com/abstract=2207482</nowiki> or <nowiki>http://dx.doi.org/10.2139/ssrn.2207482</nowiki> </ref> It typically involves loosening restrictions on how the property can be used.<ref name=":21">{{Cite journal |last=Trager |first=David G. |date=1963 |title=Contract Zoning |url=http://digitalcommons.law.umaryland.edu/mlr/vol23/iss2/2 |journal=Maryland Law Review |volume=23 |issue=2 |pages=121–155}}</ref> Contract zoning is controversial and sometimes prohibited because it deviates from the broader planning process and has been considered an illegal bargaining away of the government's police powers to enforce zoning.<ref name=":21" /> ==== Fiscal zoning ==== Fiscal zoning is a controversial practice in which local governments use land use regulation, including zoning, to encourage land uses that generate high tax revenue and exclude uses that place a high demand on public services.<ref>{{Cite report |url=https://www.oecd-ilibrary.org/economics/local-taxation-land-use-regulation-and-land-use_52da7c6a-en |title=Local taxation, land use regulation, and land use: A survey of the evidence |last1=Blöchliger |first1=Hansjörg |last2=Hilber |first2=Christian |date=2017-03-07 |publisher=OECD |location=Paris |language=en |last3=Schöni |first3=Olivier |last4=Ehrlich |first4=Maximilian von}}</ref>
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