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Zoning in the United States includes various land use laws falling under the.
Table of contents
Connecting a new device into a port previously used by a WWN zone device will not convey any access to the previous device's resources. In order to bring the created zones together for ease of deployment and management a zoneset is employed also called zoning config. A zoneset is merely a logical container for the individual zones, that are designed to work at the same time. A zoneset can contain WWN zones, port zones, or a combination of both hybrid zones. The zoneset must be activated within the fabric i.
Switches may contain more than one zoneset, but only one zoneset can be active in the entire fabric. From Wikipedia, the free encyclopedia. This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. In practice, however, zoning is used as a permitting system to prevent new development from harming existing residents or businesses.
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Zoning is commonly exercised by local governments such as counties or municipalities , although the state determines the nature of the zoning scheme with a zoning enabling law. Federal lands are not subject to state planning controls. Zoning may include regulation of the kinds of activities that will be acceptable on particular lots such as open space, residential, agricultural , commercial , or industrial , the densities at which those activities may be performed from low-density housing such as single family homes to high-density such as high-rise apartment buildings , the height of buildings, the amount of space structures may occupy, the location of a building on the lot setbacks , the proportions of the types of space on a lot for example, how much landscaped space and how much paved space , and how much parking must be provided.
Some commercial zones specify what types of products may be sold by particular stores.
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Most zoning systems have a procedure for granting variances exceptions to the zoning rules , usually because of some perceived hardship due to the particular nature of the property in question. If the variance is not warranted, then it may cause an allegation of spot zoning to arise. Most state zoning-enabling laws prohibit local zoning authorities from engaging in any spot zoning because it would undermine the purpose of a zoning scheme.
Zoning codes vary by jurisdiction. As one example, residential zones might be coded as R1 for single-family homes , R2 for two-family homes , and R3 for multiple-family homes. As another example, R60 might represent a minimum lot of 60, sq. There are several limitations to the ability of local governments in asserting police powers to control land use. First, constitutional constraints include freedom of speech First Amendment , unjust takings of property Fifth Amendment , and equal protection Fourteenth Amendment. There are also federal statutes that sometimes constrain local zoning.
Zoning in the United States - Wikipedia
Local governments regulate signage on private property through zoning ordinances. Sometimes courts invalidate laws which regulate the content of speech rather than the manners and modes of speech. One court invalidated a local ordinance that prohibited "for sale" and "sold" signs on private property.
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Another court struck down a law which prohibited signs for adult cabarets. Beginning in , several United States Supreme Court cases ruled against land use regulations as being a taking requiring just compensation pursuant to the Fifth Amendment to the Constitution. First English Evangelical Lutheran Church v. Los Angeles County ruled that even a temporary taking may require compensation. California Coastal Commission ruled that construction permit short: South Carolina Coastal Council ruled that numerous environmental concerns were not sufficient to deny all development without compensation.
City of Tigard ruled that conditions of a permit must be roughly proportional to the impacts of the proposed new development. Rhode Island ruled property rights are not diminished by unconstitutional laws that exist without challenge at the time the complaining property owner acquired title. The landowner victories have been limited mostly to the U. Supreme Court, however, despite that Court's purported overriding authority. Tahoe Regional Planning Agency. Justice Sandra Day O'Connor , who had previously [ specify ] ruled with a majority in favor of the landowner, switched sides [ specify ] to favor the government that had delayed development for more than 20 years because of the government's own indecision about alleged concerns about the water quality of Lake Tahoe.
Specific zoning laws have been overturned in some other U. In the Atlanta suburb of Roswell , Georgia , an ordinance banning billboards was overturned in court on such grounds. It has been deemed that a municipality's sign ordinance must be content neutral with regard to the regulation of signs. The city of Roswell , Georgia now has instituted a sign ordinance that regulates signs, based strictly on dimensional and aesthetic codes rather than an interpretation of the sign content i.
In the case of Cutter v. Zoning codes have evolved over the years as urban planning theory has changed, legal constraints have fluctuated, and political priorities have shifted. Euclidean, Performance, Incentive, and Form-based. Named for the type of zoning code adopted in the town of Euclid, Ohio, Euclidean zoning codes are by far the most prevalent in the United States, [ citation needed ] being used extensively in small towns and large cities alike.
Also known as "Building Block" zoning, Euclidean zoning is characterized by the segregation of land uses into specified geographic districts and dimensional standards stipulating limitations on the magnitude of development activity that is allowed to take place on lots within each type of district. Typical types of land-use districts in Euclidean zoning are: Uses within each district are usually heavily prescribed to exclude other types of uses residential districts typically disallow commercial or industrial uses.
Some "accessory" or "conditional" uses may be allowed in order to accommodate the needs of the primary uses. Dimensional standards apply to any structures built on lots within each zoning district, and typically, take the form of setbacks, height limits, minimum lot sizes, lot coverage limits, and other limitations on the building envelope. Euclidean zoning is preferred by many municipalities, [ citation needed ] due to its relative effectiveness, ease of implementation one set of explicit, prescriptive rules , long-established legal precedent, and familiarity to planners and design professionals.
Euclidean zoning has received heavy criticism, however, for its lack of flexibility and institutionalization of now-outdated planning theory.
Separation of uses contributes to wasteful sprawl development, loss of open space, heavy infrastructure costs, and reliance on the automobile. Euclidean II Zoning uses traditional Euclidean zoning classifications industrial, commercial, multi-family, residential, etc. For example, multi-family is not only permitted in "higher order" multi-family zoning districts, but also permitted in high order commercial and industrial zoning districts as well. Protection of land values is maintained by stratifying the zoning districts into levels according to their location in the urban society neighborhood, community, municipality, and region.
Euclidean II zoning also incorporates transportation and utilities as new zoning districts in its matrix dividing zoning into three categories: Euclidean II zoning fosters the concepts of mixed use, new urbanism and "highest and best use" and, simplifies all zoning classifications into a single and uniform set of activities. It is relatively easy to make a transition from most existing zoning classification systems to the Euclidean II Zoning system. Smart zoning or smart coding is an alternative to Euclidean zoning.
There are a number of different techniques to accomplish smart zoning. Floating zones, cluster zoning, and planned unit development PUDs are possible even as the conventional Euclidean code exists, or the conventional code may be completely replaced by a smart code, as the city of Miami is proposing. The following three techniques may be used to accomplish either conventional separation of uses or more environmentally responsible, traditional neighborhood development, depending on how the codes are written.
For serious reform of Euclidean zoning, traditional neighborhood development ordinances such as form-based codes or the SmartCode are usually necessary. Floating zones involve an ordinance that describes a zone's characteristics and requirements for its establishment, but its location remains without a designation until the board finds that a situation exists that allows the implementation of that type of zone in a particular area. When the criteria of a floating zone is met the floating zone ceases "to float" and is adopted by a zoning amendment.
Some states allow this type of zoning, such as New York and Maryland, while states such as Pennsylvania do not, as an instance of spot zoning. Further, the criteria and standards provided for them should be adequate and the action taken should not be arbitrary or unreasonable. Generally, the floating zone is more easily adoptable and immune from legal challenges if it does not differ substantially from zoned area in which it is implemented.
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. Planned unit development is cluster zoning, but allows for mixed uses. They include some commercial and light industrial uses in order to blend together a traditional downtown environment, but at a suburban scale. Some have argued, however, that such a planned unit development may be a sham for the purpose of bringing in commercial and industrial uses forbidden by the state's zoning law; [ citation needed ] some courts have held such a "sham" to be an "arbitrary and capricious abuse" of the police power.
Also known as "effects-based planning", performance zoning uses performance-based or goal-oriented criteria to establish review parameters for proposed development projects in any area of a municipality. Performance zoning often utilizes a "points-based" system whereby a property developer may apply credits toward meeting established zoning goals through selecting from a 'menu' of compliance options some examples include: Additional discretionary criteria may be established also as part of the review process.
The appeal of performance zoning lies in its high level of flexibility, rationality, transparency, and accountability. For this reason performance zoning has not been adopted widely in the USA, and is usually limited to specific categories within a broader prescriptive code when found.
New Zealand's planning system, however, is grounded in effects-based performance zoning under the Resource Management Act First implemented in Chicago and New York City, incentive zoning is intended to provide a reward-based system to encourage development that meets established urban development goals. A reward scale connected to the incentive criteria provides an enticement for developers to incorporate the desired development criteria into their projects. Common examples include floor-area-ratio bonuses for affordable housing provided on-site and height limit bonuses for the inclusion of public amenities on-site.
Incentive zoning has become more common throughout the United States during the last 20 years. 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.
Form-based zoning relies on rules applied to development sites according to both prescriptive and potentially discretionary criteria. Typically, these criteria are dependent on lot size, location, proximity, and other various site- and use-specific characteristics. For example, in a largely suburban single family residential area, uses such as offices, retail, or even light industrial could be permitted so long as they conformed setback, building size, lot coverage, height, and other factors with other existing development in the area.
Form based codes offer considerably more flexibility in building uses than do Euclidean codes, but, as they are comparatively new, may be more challenging to create. Form-based codes have not yet been widely adopted in the United States. When form-based codes do not contain appropriate illustrations and diagrams, they have been criticized as being difficult to interpret.
One example of a recently adopted code with form-based design features is the Land Development Code  adopted by Louisville , Kentucky in This zoning code creates "form districts" for Louisville Metro. The details of how individual planning systems incorporate zoning into their regulatory regimes varies though the intention is always similar.
For example, in the state of Victoria , Australia, land use zones are combined with a system of planning scheme overlays to account for the multiplicity of factors that impact on desirable urban outcomes in any location. Most zoning systems have a procedure for granting variances exceptions to the zoning rules , usually because of some perceived hardship caused by the particular nature of the property in question.
The origins of zoning districts can be traced back to antiquity. The ancient walled city was the predecessor for classifying and regulating land, based on use. Outside the city walls were the undesirable functions, which were usually based on noise and smell; that was also where the poorest people lived. The space between the walls is where unsanitary and dangerous activities occurred such as butchering, waste disposal, and brick-firing.
Within the wall were civic and religious places, where the majority of people lived. Beyond the simple distinction between urban and non-urban land, most ancient cities further classified land type and use inside their walls. That was practiced in many regions of the world. As the residential districts made up the majority of the city, that early form of districting was usually along ethnic and occupational divides; generally, class or status diminished outwards from the city center.
One legal form for enforcing it was the caste system. While space was carved out for important public institutions, places of worship, markets and squares, there is a major distinction between cities of antiquity and cities of today. Throughout antiquity and up until the onset of the Industrial Revolution - , most work took place within the home. Therefore, residential areas also functioned as places of labor, production, and commerce.
The definition of home was tied to the definition of economy, which caused a much greater mixing of uses within the residential quarters of cities. Throughout the Enlightenment and the Industrial Revolution , cultural and socio-economic shifts led to the rapid increase in the enforcement in and the invention of urban regulations.
Industry leaving the home was one major factor in reshaping industrial cities. Overcrowding, pollution, and the urban squalor associated with factories were major concerns that led city officials and planners to consider the need for functional separation of uses. It was in France, Germany, and Britain that the first pseudo-zoning was invented to prevent polluting industries to be built in residential areas. It was Germany that invented modern zoning, in the lateth century. The theoretical and practical application of zoning can be divided into categories. Countries around the world utilize different types of zoning.
Basically, urban zones fall into one of five major categories: Each category can have a number of sub-categories, for example, within the commercial category there may be separate zones for small-retail, large retail, office use, lodging and others, while industrial may be subdivided into heavy manufacturing, light assembly and warehouse uses. In Germany, each category has a designated limit for noise emissions not part of the building code, but federal emissions code. In the United States or Canada, for example, residential zones can have the following sub-categories:.
Conditional zoning allows for increased flexibility and permits municipalities to respond to the unique features of a particular land use application. Uses which might be disallowed under current zoning, such as a school or a community center can be permitted via conditional use zoning. Rothwell and Massey suggests homeowners and business interests are the two key players in density regulations that emerge from a political economy. Business interests are unable to counteract the homeowners' interests in rural areas because business interests are weaker and business ownership is rarely controlled by people living outside the community.
This translates into rural communities that have a tendency to resist development by using density regulations to make business opportunities less attractive. Single-use zoning, also known as Euclidean zoning, is a tool of urban planning that controls land uses in a city. The earliest forms of single-use zoning were practiced in New York city in the early s, to guide its rapid population growth from immigration. Single-use zoning became known as Euclidean zoning because of a court case in Euclid, Ohio , which established its constitutionality, Village of Euclid, Ohio v.
Euclidean zoning has been the dominant system of zoning in much of North America since its first implementation. Single-use zoning is a basic model that has not evolved to create appropriate solutions for the increasing complexity of social, political and environmental challenges in cities. Problems affiliated with Euclidean-style zoning policy include urban sprawl , urban decay , environmental pollution , racial and socioeconomic segregation , negative economic impacts and an overall reduced quality of life. Euclidean zoning represents a functionalist way of thinking that uses mechanistic principles to conceive of the city as a fixed machine.
This conception is in opposition to the view of the city as a continually evolving organism or living system, as first espoused by the German urbanist Hans Reichow. Planning and community activist Jane Jacobs wrote extensively on the connections between Euclidean zoning and the destruction and displacement of communities in New York City. Her work details how conventional zoning often leads to the decay of municipal infrastructure and social capital and perpetuates brutal cycles of poverty and chronic under-funding in certain neighbourhoods.
Critics argue that putting everyday uses out of walking distance of each other leads to an increase in traffic since people have to get in their cars and drive to meet their needs throughout the day. Single-zoning and urban sprawl have also been criticized as making work—family balance more difficult to achieve, as greater distances need to be covered in order to integrate the different life domains. Under the police power rights, state governments may exercise over private real property. With this power, special laws and regulations have long been made restricting the places where particular types of business can be carried on.
In , Los Angeles established the nation's first land-use restrictions for a portion of the city. These laws set the pattern for zoning in the rest of the country. New York City went on to develop ever more complex regulations, including floor-area ratio regulations, air rights and others for specific neighborhoods. The constitutionality of zoning ordinances was upheld by the U. Supreme Court in the case Village of Euclid, Ohio v. Among large populated cities in the United States, Houston is unique in having no zoning ordinances.
Early zoning practices were subtle and often debated. Some claim the practices started in the s  while others suggest the birth of zoning occurred in New York in Zoning becomes an increasing legal force as it continues to expand in its geographical range through its introduction in other urban centres and use in larger political and geographical boundaries. Regional zoning was the next step in increased geographical size of areas under zoning laws.
Zoning codes have evolved over the years as urban planning theory has changed, legal constraints have fluctuated, and political priorities have shifted. The various approaches to zoning can be divided into four broad categories: Euclidean, Performance, Incentive, and form-based. Named for the type of zoning code adopted in the town of Euclid, Ohio , and approved in a landmark decision of the U. Supreme Court, Village of Euclid v. Advantages include relative effectiveness, ease of implementation, long-established legal precedent, and familiarity.
However, Euclidean zoning has received criticism for its lack of flexibility and institutionalization of now-outdated planning theory. Also known as "effects-based planning", performance zoning uses performance-based or goal-oriented criteria to establish review parameters for proposed development projects. Performance zoning is intended to provide flexibility, rationality, transparency and accountability, avoiding the arbitrariness of the Euclidean approach and better accommodating market principles and private property rights with environmental protection.
Difficulties included a requirement for a high level of discretionary activity on the part of the supervising authority. Performance zoning has not been widely adopted in the USA. First implemented in Chicago and New York City, incentive zoning is intended to provide a reward-based system to encourage development that meets established urban development goals.