Zoning regulations regulate what kinds of buildings may be constructed on an area. They may also impose height or use restrictions upon such structures.
Many municipalities employ zoning laws to keep repair shops out of residential neighborhoods, warehouses out of retail shopping districts or apartments out of single-family homes. Assessing whether these zoning rules meet housing production in practice is often challenging due to local governments not tracking variance requests or potential lawsuits against their policies.
Legal foundation
Zoning laws are an integral component of urban planning that are used to organize growth for safety, functionality and sustainability. Zoning regulations allow communities to establish areas for residential, commercial and industrial activities while creating specific regulations governing each activity. By adhering to such laws cities can ensure their infrastructure and services can support an expanding population while preventing conflict among incompatible land uses.
Zoning’s foundation lies with state enabling legislation, which provides municipalities with the authority to pass local zoning ordinances. Such legislation often draws inspiration from two sources – U.S. Department of Commerce Secretary Herbert Hoover’s Standard State Zoning Enabling Act in 1924 and New York City Zoning Resolution Resolution from 1916.
Zoning laws cover many categories, with three of the most prevalent being housing, businesses, and public space. These laws may include mapping zones for residential, commercial and industrial use as well as restrictions on building bulk such as height restrictions, setback requirements, size requirements of yards or courts as well as aesthetic guidelines pertaining to what colors can be painted onto houses.
Limits on development
Zoning laws help to control property values and preserve the environment, yet can also be restrictive. For instance, they prevent homeowners from building garages or keeping chickens in their backyard – both can be frustrating restrictions when looking to make home improvements; yet these measures must remain in place in order to safeguard health and safety within communities.
Zoning regulations have long been blamed for contributing to the housing affordability crisis across much of the nation. Overly restrictive zoning rules make it hard for developers to build affordable homes at an affordable price point and raise costs accordingly – further hindering economic mobility among low-income families.
While researchers have attempted to measure zoning laws using technical tools such as digitizing maps and text analysis and machine learning, such as digitizing maps and text analysis and machine learning techniques do not fully capture all dimensions of zoning laws or account for variation in how local governments implement and enforce them – for instance granting variances from zoning regulations, or neighbors using political pressure or litigation threats against new development that would otherwise have been allowed under zoning laws.
Restrictions on construction
Many communities rely on zoning laws to control the placement and size of new buildings in their community, from off-street parking requirements for new developments to what type of landscaping or lighting must be used in certain areas. Their complexity makes assessing their effects challenging, however researchers are increasingly turning to text analysis and machine learning techniques to examine zoning ordinances.
Zoning can protect property values by ensuring buildings are constructed in accordance with applicable codes, and by restricting what commercial activities can take place nearby residential areas. Zoning also plays an important role in maintaining neighborhood character by protecting open spaces and historic landmarks.
However, strict zoning laws can limit housing construction and increase housing costs. Restrictive policies that permit only one or two homes on an urban lot can inhibit innovation in affordable housing development and contribute to urban sprawl; furthermore these restrictions can hinder economic growth while forcing low-income residents out of cities entirely; ultimately leading to higher costs for those remaining behind.
Variances
Zoning variances allow property owners to use their land in ways not permissible by current laws. Such exceptions are granted through a hearing process before an official review board of review.
Standard for receiving a variance vary by state and local jurisdiction, but the goal remains the same – an owner must demonstrate that an unusual condition or limitation on their property has created undue hardship, as well as that granting approval of their variance would not negatively impact neighboring properties.
Hanlon Niemann and Wright has extensive experience navigating this process and providing evidence of hardship. We have represented clients at hearings before planning boards and zoning boards to obtain variances; using our extensive expertise, Hanlon Niemann and Wright attorneys know exactly how to prepare and present the strongest case for approval of variances – be that for changing an existing home into duplex housing, or turning residential areas into bustling commercial districts.