Orum, A.M. and Gatica, Y.C. (2022) - Zoning.

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Zoning especially existing manufacturing with the
proposal for new, high buildings (Hall 1996).
YASNA CONTRERAS GATICA According to Schwieterman and Caspal
University of Chile, Chile
(2006), in the city of Chicago,

the zoning provides some very basic guidelines


The origin of zoning theory can be found in of use division and buildings volumes, seeking
Germany when Reinhard Baumeister used it to regulate the hassles of the different land uses,
for the first time in 1876 from a functional particularly industrial one. At this stage, the reg-
perspective, based on the increasing den- ulation is a direct extension of police power of
sity and height of buildings. According to local authority in matters related to health and
safety. The Ordinance consists of two set of zon-
Baumeister, it is the most natural and objec-
ing maps, one that regulates uses, and the other
tive model to classify land use because in building volumes. (Tercco 2015, 1)
large cities functions are no longer mixed and
tend to be divided. Nevertheless, zoning did The statement warns about the sense of land
not emerge as such until 1891, in Frankfurt, property and the power of this in urban
based on analysis of the different parts of the spaces, essentially city centers, which in
municipal territory (Zonen), and a map that a way distorts the original meaning from
defined such zones on municipal land (Bau- which the concept emerged in Germany.
zonenplan). This sort of zoning emerged as an Zoning in the United States was studied by
answer to increased density in the city center Harry Chaddick, Mayor Richard Daley, and
by the end of the nineteenth century, which Edward Bassett (1936), whose mission was
explains why the term was then exported to to solve the growing problems arising from
other Anglo-American countries. the conflict of interests between owners in
In the United States the concept arises New York City. What was new and different
in the 1880s with attempts to control the in the application of this urban order was the
expansion of Chinese laundries in California, provision of legal validity for the different
first in the city of Modesto and then in San forms of territorial occupation.
Francisco and Los Angeles. However, from According to Mancuso (1980, in Tella
1909 zoning according to land use was used 2012) there are at least three reasons why
in a wider sense (Hall 1996), more specifically New York can be considered the key example
in New York, where the term was extended, for understanding the meaning of the zoning
in 1916, to include what is traditionally in the rest of America: for the first time, zon-
understood by zoning: urban regulation that ing affected all the administrative boundaries
recognizes different land uses, as well as the of the city on a framework of growth; zone
interests of private agents and owners of regulations defined all the characteristics
particular spaces in the city. In New York, of the buildings that could be constructed
German principles of zoning were adopted, there; these regulations were formalized in
since zoning combined land use with height order to acquire legal status according to the
restriction, creating a Commission for City Constitution and valid legislation at the time.
Planning, which attempted, through urban In 1926, the Supreme Court of the United
regulations, to balance the different uses, States argued that zoning would not violate

The Wiley Blackwell Encyclopedia of Urban and Regional Studies. Edited by Anthony Orum.
© 2019 John Wiley & Sons Ltd. Published 2019 by John Wiley & Sons Ltd.
DOI: 10.1002/9781118568446.eurs0421
10.1002/9781118568446.eurs0421, Downloaded from https://onlinelibrary.wiley.com/doi/10.1002/9781118568446.eurs0421 by Consorci De Serveis Universitaris De Catalunya, Wiley Online Library on [26/12/2022]. See the Terms and Conditions (https://onlinelibrary.wiley.com/terms-and-conditions) on Wiley Online Library for rules of use; OA articles are governed by the applicable Creative Commons License
2 Z ON I NG

the Constitution or forms of city planning been experiencing since the beginning of the
and that it was role of government to be twentieth century.
responsible for regulating the private use of Thus, zoning comprises the division
property in order to ensure the welfare of the of land into areas where certain uses are
community. Since that time, control of land allowed, according to rules established by
use has been transferred from state to munic- municipal regulations. In Spain, zoning is an
ipalities, allowing the limitation of land urban term used for “regulatory division of
development within the boundaries, and the city into zones in order to guide urban
establishing requirements regarding the development and growing” (Lopez 2010).
height of buildings, volumes, and popula- The difficulties of zoning lie in the arbitrari-
tion density within the regulation framework ness of some land owners who adapt the rules
declared by each municipality (Pacione 2009). according to their own interests – which leads
Thus, the first zoning regulation was born, to different forms of zoning. According to
which started to provide solutions to the Pacione (2009), these can be summarized by
growth of cities. The context of the nation’s the types shown in Table 1, which shows their
first zoning law, passed by New York City on main characteristics and also the objectives
July 25, 1916, and the landmark US Supreme and/or beneficiaries.
Court case of 1926, Village of Euclid vs. Ambler Zoning can be defined as “an arrangement
of elements and urban and regional activities
Realty Co., declared that zoning was a proper
by partial sector in function of its homo-
use of the police power of a municipal author-
geneous characteristics in order to achieve
ity. That decision led to the rapid spread of
greater efficiency in its use and avoid interfer-
exclusionary zoning throughout the United
ence between different activities” (Pontificia
States. Therefore, zoning had a theoretical
Universidad Católica de Valparaíso 2015, 3).
purpose, more so than empirical: to super-
However, Table 1 reveals that, regardless of
impose a regulatory framework that would
what form zoning takes, it is a complex plan-
prevent the breaking of growing legislation
ning criterion and that land use, densities,
so peculiar to the city (Tella 2012). Through borders, complementary uses, and the inte-
regulation, responsibility was transferred to gration of residential and industrial uses with
municipalities, thus controlling land use. a transportation system are subordinated
Zoning has become one of the structural to private interests more than to municipal
instruments of urban planning, allow- control, which, according to the Constitution,
ing a balance between forms of occupation, should regulate a balanced land use.
interests of different actors, and scale of devel- When referring to zoning, it must be able
opment. In general terms, regulation and to reconcile territorial interests and demands
control of land use following the implemen- at different scales: local, regional, national,
tation of zoning solve or at least minimize and even cross-border. However, one of the
congestion problems, risks related to fires, criticisms of planning experts and technicians
ways to address heights and volumes of build- regarding the concept of zoning is the impo-
ings, control of population density, balance sition of individual, private, and restrictive
between population density and provision interests, which puts into question the origin
of equipment, and so forth – promoting, by and meaning of the concept. Also, these spec-
those means, public goods (Pacione 2009). ulative and arbitrary logics evade the ability
All these considerations respond to forms of of different territorial scales to agree on sus-
suburban growth that American cities had tainable modes of occupation of the territory.
10.1002/9781118568446.eurs0421, Downloaded from https://onlinelibrary.wiley.com/doi/10.1002/9781118568446.eurs0421 by Consorci De Serveis Universitaris De Catalunya, Wiley Online Library on [26/12/2022]. See the Terms and Conditions (https://onlinelibrary.wiley.com/terms-and-conditions) on Wiley Online Library for rules of use; OA articles are governed by the applicable Creative Commons License
Z ON I NG 3

Table 1 Forms of zoning according to Pacione (2009)


Forms of zoning Principal characteristic Objectives or beneficiaries
Cluster zoning and Involves the clustering of development Developers are given freedom to
planned unit on part of a site, leaving the design developments to meet
development remainder for open space, recreation, market demand but within a
amenity, or preservation. negotiated set of criteria
relating to pollution, traffic,
congestion, etc.
Special district Designed to maintain the special Designated to deflect market
zoning land-use character of a place, central forces and maintain a
district, etc. particular industry against
pressure to convert
manufacturing space into
offices and apartments.
Downzoning Rezoning of an area to a lower density Is likely to be objected to by land
use. It is often the result of owners who promote
neighborhood pressure to avoid the gentrification and urban
development of intrusive land use, or renewal, especially in damaged
gentrification. central areas.
Large lot zoning This has the ostensible purpose of Controls the spread of the city.
safeguarding public welfare by However, much of this type of
ensuring that there is good access for zoning is done by real estate
emergency service vehicles, that developers.
roads are not too congested, and that
there is ample open space.
Incentive zoning This is basically a means of obtaining Offers bonuses to developers in
private sector provision on public return for the provision of
amenities by offering zoning bonuses public or amenities benefits.
in return for private finance or
specific infrastructure.
(source: Pacione 2009, 179)

Behind the zoning persists an interest in rec- does not imply diminishing or maintaining
onciling uses, decisions of different territorial the low land values in peripheral zones. Also,
agents, residential demands, carrying capac- the excessive amount of reserve land in differ-
ity of the territories, among others. The latter ent parts of the city, in the hands of better-off
would therefore require the need to think people, presupposes an exclusionary criterion
about the governance behind the zoning, after zoning. In North America, some areas
while reconciling the interests of different are even examples of racial exclusion – as a
territorial agents is key to the concept. result of a tool that has both a physical and
The concept of zoning has presented an financial dimension in the way that space is
evolution in its application, since, in the occupied.
last 30 years, a normative sense of zoning New theoretical currents have questioned
and the land use that arose from it has been the meaning of sustainability under the dif-
questioned (see Table 1). Such questioning is ferent forms that zoning assumes in North
focused on the forecast of land value; there- America. Schwieterman and Caspal (2006)
fore, limiting and controlling certain spaces argue that it is necessary to consider other
10.1002/9781118568446.eurs0421, Downloaded from https://onlinelibrary.wiley.com/doi/10.1002/9781118568446.eurs0421 by Consorci De Serveis Universitaris De Catalunya, Wiley Online Library on [26/12/2022]. See the Terms and Conditions (https://onlinelibrary.wiley.com/terms-and-conditions) on Wiley Online Library for rules of use; OA articles are governed by the applicable Creative Commons License
4 Z ON I NG

factors when regulating the pattern of land especially the sites that have better connection
occupation and the conversion of these to the city. Both authors describe the way dif-
forms, particularly environmental, cultural, ferent local organizations sought to limit the
and socioeconomic factors. In addition, expansion of black neighborhoods through
zoning requires the binding participation of zoning, for example with the exclusivity of
communities affected by local government individual housing in certain areas, taking
decisions. Concern for the preservation of into account the difficulties of African Amer-
heritage and environments in certain neigh- icans in accessing such housing. Critics of
borhoods can often lead to the reduction of the practice of exclusionary zoning refer to
indicators and constructive capacity restric- the “adoption by suburban municipalities of
tions on building height and density control, legal regulations designed to preserve their
leading sometimes to the abolition of uses of jurisdiction against intrusion of less desired
zoning in conflict. “Developers are permitted land uses” (Pacione 2009, 178). Zoning,
to resolve agreements with neighborhood especially in suburban spaces, is inadequate
organizations, aiming to create consensus from a territorial point of view, especially
on areas with greater development pressure because the creation of new housing requires
and saving for the municipality the role of extensive ground at lower cost for private
mediator or negotiator” (Tercco 2015, 3). investors with flexible regulations that go
Zoning is justified “economically as it is from land density to the amount of public
a useful way to ensure a fair distribution of space per capita, as well as the links between
costs, forcing each individual to pay its own leisure space, work, and residence.
expenses” (Hall 1996, 166). This criticism One of the major problems of zoning lies
by geographer Peter Hall refers directly to in the different interests and conflicts that
those who externalize the costs of zoning, arise in lands with high income potential.
who are not the developers who imposed the Central spaces that fall into the logic of
idea of density in New York, but rather the “downzoning or the special district zoning”
owners of the land, as well as those who are (Table 1) are constantly subject to better-off
willing to pay more for land use. Therefore, as land owners – essentially real estate and
zoning proposals do not establish dialogues commercial development that promotes and
with planning organizations, the location generates processes of gentrification that
of activities in space, the densification of mostly exclude low income households.
the population, the practice of mobility and Densification and the increase in height of
transportation systems that ensure efficient buildings in New York City during the 1920s,
movement enter a paradox between specula- for example, were an expression of a zoning
tion, exclusion, and sustainability. As Richard practice that was more concerned about
Sennett says, in a critique of American zoning private returns rather than public; thus the
in his book Uses of Disorder (1970), zoning zoning “gave greater security and guarantees
does not ultimately govern in the practice of to the investor” (Hall 1996, 69).
the welfare state but rather represents “special Subsequently, “certainly [zoning’s] whole-
tax conditions and physical planning proce- sale use during much of the twentieth
dures that are simplified” (in Hall 1996, 367). century, has helped to determine the land-use
Others assure us (Schwieterman and structure of metropolitan areas” (Pacione
Caspal, 2006) that behind the zoning and 2009, 178), since zoning does not mean
regulation of space, some are excluded planning or does not act directly as a plan-
and marginalized from forms of land use, ning tool, as it deals with the capitalization
10.1002/9781118568446.eurs0421, Downloaded from https://onlinelibrary.wiley.com/doi/10.1002/9781118568446.eurs0421 by Consorci De Serveis Universitaris De Catalunya, Wiley Online Library on [26/12/2022]. See the Terms and Conditions (https://onlinelibrary.wiley.com/terms-and-conditions) on Wiley Online Library for rules of use; OA articles are governed by the applicable Creative Commons License
Z ON I NG 5

of well-connected land at low prices. As REFERENCES


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cafedelasciudades.com.ar/planes_50.htm.
SEE ALSO: Sprawl; Suburbanization; Urban
Planning

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