Editing Zoning (section)

=== 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>