Planning Legislation – Prof. H. Alshuwaikhat ZONING Zoning is the division of a municipality, city or town into districts for the purpose of regulating.

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Presentation transcript:

Planning Legislation – Prof. H. Alshuwaikhat ZONING Zoning is the division of a municipality, city or town into districts for the purpose of regulating the use of private land. Zoning is a Legislative action, usually at the municipal level, that divides municipalities into districts for the purpose of regulating the use of private property and the construction of buildings within the zones established. Zoning is said to be part of the state police power, and therefore must be for the furthering of the health, morals, safety, or general welfare of the community.Legislativemunicipaldistricts regulatinghealthmoralssafetygeneral welfarecommunity Retrieved from "

Planning Legislation – Prof. H. Alshuwaikhat Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction. Zoning ordinances specify the permitted uses, the building density, the required yards, offsets, right of way, off street parking and other prerequisites to obtaining permission.

Planning Legislation – Prof. H. Alshuwaikhat HISTORICAL BACKGROUND AND LEGAL BASIS New York adopted a zoning ordinance in 1916, and in the next decade comprehensive zoning spread to most of the larger cities. In 1922, the US department of commerce enacted Standard State Zoning Enabling Act (SSZEA). Enabling legislation by each state is essential as zoning is the expression of police power to regulate activities by private person for health and safety, morals and general welfare of the public. Because zoning is done at state level, there are a lot of variations from state to state.

Planning Legislation – Prof. H. Alshuwaikhat RELATIONSHIP TO COMPREHENSIVE PLANNING SSZEA provided that the zoning ordinance shall be prepared "in accordance with a comprehensive plan". In 1928 US department of commerce also issued a Standard City Planning Enabling Act. The use of zoning is one tool to implement a series of articulated policies of growth.“ordered growth”

Planning Legislation – Prof. H. Alshuwaikhat RELATIONSHIP TO SUBDIVISION REGULATIONS subdivision regulations concern with provision for and design of public facilities such as streets and sewers, and the layout and divisions of the site so as to ensure consistency with the development of adjacent land with respect to public facilities. Subdivision provides an orderly and simple method for effecting and recording the transfer of title land.

Planning Legislation – Prof. H. Alshuwaikhat BASIC ELEMENTS AND CONCEPTS OF ZONING Land Use Districts: Residential zones (based on dwelling type, density and minimum lot size); commercial zones (neighbourhood, highway-oriented, warehouse, & CBA); industrial (heavy & light); public; open space and recreation; water bodies and agricultural Performance Standards: used to measure the performance of industries, together with their environmental impact are used collectively as a basis for the industrial zones classification Density and Bulk Control: height and density regulations for buildings are significant in zoning. Parking and Off-Street Loading: necessary in commercial and industrial uses that impose minimum requirements for off-street parking and loading.

Planning Legislation – Prof. H. Alshuwaikhat Signs: Locations of road signs, bill boards are also regulated. This is problematic because of political and economic forces. Ordinances deal with location, size and animations of the signs Accessory and Home Occupation: hairdressing, kindergarten etc business at home. Nonconformities: mixing up of different uses in one zone. Aesthetics: control over architectural design, external appearance and shapes of buildings Open Space Reservation: provision and protection of open space like parks

Planning Legislation – Prof. H. Alshuwaikhat ADMINISTRATION The Traditional System: municipal/local legislation, planning commission, board of appeals consider request for changes in zoning rules. Various kinds of changes can be amendments, variance and conditional use. More Recent Administrative Techniques: are zoning administration, zoning hearing examiner, and neighbourhood zoning authority Innovative Substantive Regulations: are Planned and Unit Development, Transfer of Development rights, Special Districts and Exclusionary Zoning.

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