An ordinance is a set of laws. Zoning Ordinances are local measures regulating the use of land and the physical characteristics of structures in specified zones. Zoning ordinance is also defined as a law that dictate a comprehensive zoning ordinance that divide the city into zones and allocate different uses to different zone regulates the use that may be made of each parcel of land in the city areas it is specified that there should be a maximum number of storey buildings in such areas.
Zoning ordinances is a written regulations and laws that define how property in specific geographic zones can be used. Zoning ordinances specify whether zones can be used for residential or commercial purposes, and may also regulate lot size, placement, bulk (or density) and the height of structures. Zoning ordinances are lengthy documents describing not only the acceptable use for specified areas of land, but also the procedures for handling violations (including any penalties), granting variances and hearing appeals.
Zoning Ordinance is an act of city or county or other authorities specifying the type of use to which property may be put in specific areas. A typical zoning ordinance defines:
- the purpose for which the ordinance is adopted;
- the various zoning classifications and permitted uses within each;
- restrictions, such as height limitations;
- the procedure for handling nonconforming uses;
- the procedure for granting amendments, variances, and hearing appeals;
- penalties for violation of the ordinance.
Zoning ordinances divided the city into zones – residential, commercial, manufacturing only residences were permitted in residence districts. Both stores and residences were allowed in commercial zones. All types of uses were permitted in manufacturing zones. Modern zoning ordinances usually create a greater number of use classifications. Residential districts may be divided into single – family districts and multiple families distracts. Multiple family zones may be divided into walk ups and high use [elevator building] zones. Commercial zones may be divided into retail and wholesale districts. Manufacturing zones are sub-divided into warehouses and industries. Agricultural zones are zones where various agricultural practices occur; for instance fishing, farming, mining, etc.
Zoning ordinances and other regulatory ordinances are passed under the state’s police power. Under this power, each state and its cities which act as agencies of the state, have the power to adopt such regulations as are necessary to protect public health, morals and safety. The right of the individual to use the property as he sees fit must give way to the reasonable exercise of the police power. In determining whether a zoning ordinance or other ordinance is reasonable or unreasonable, the public welfare is a dominant consideration. If it appears that the restrictions imposed by the ordinance bear substantial relation to the public health, safety, morals or general welfare the ordinance is valid regardless of the fact that individuals may suffer an invasion of their property rights. The segregation of industries, commercial pursuits, and dwellings to particular districts in a city when exercised reasonably may bear a rational relation to the health, moral, safety and general welfare of the community. The establishment of such districts or zones may among other things prevent congestion of population, secure quiet residential districts, expedite local transportation and facilitate the suppression of disorder, etc.
Courts have held that a zoning regulation is legal or valid if it is reasonable and not arbitrary and bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare and if the means employed are reasonably necessary for the accomplishment of its purpose. An ordinance is invalid if its enforcement will preclude use of the property for any purpose to which it is reasonably adapted. In determining whether a regulation is reasonable, no single factor is controlling. Those factors normally considered are needed for the adoption, the purpose, location, size, and physical characteristics of the land, and the character of the neighbourhood. Also considered are the effect on the value of property, the amount by which property values are decreased, the notion of the general welfare (that is, what is best for the community at large), and the density, population, and aesthetics of the area. Traffic, use of nearby land, and length of time the property has been vacant are also relevant.
An ordinance that is reasonable when enacted may prove to be unreasonable, and hence may be set aside by a court, if circumstances have changed. Zoning regulations must promote the good of all the people in the community rather than further the desires of a particular group, and the power cannot be invoked to further private interests that conflict with the rights of the public. Restrictions based solely on race or occupancy of property within certain districts are invalid. A classification that discriminates against a racial or religious group can only be upheld if the state demonstrates an overwhelming interest that can be served no other way. The regulation must be clear and specific. It must describe districts with certainty, and if maps are necessary, it should include references to them. The standards governing conduct of the administrator must be clear. The fact that regulations have not been enforced does not prevent their enforcement. Only persons whose rights are injured by regulations may attack them. An invalid enactment is without effect and confers no rights and imposes no duties.
Regulations must be in accordance with a comprehensive plan, which may be separate or part of the zoning regulation. Spot zoning of individual parcels of property in a manner different from that of surrounding property, primarily for the private interests of the owner of the property so zoned, may be improper but not illegal in all cases. Spot zoning disregards the requirement that zoning be in accordance with a comprehensive plan. It may be valid if there is a reasonable basis for distinguishing the parcel from surrounding parcels.
Zoning regulations may validly prescribe a type of building, location of utility lines, restrictions on accessory buildings or structures, and preservation of historical areas and buildings. General rules of construction apply to restrictions affecting architectural and structural design of buildings and open spaces. Such rules apply to building setbacks from the streets and other boundaries, size and height of buildings, number of rooms, floor space or area and cubic feet, and minimum cost of buildings. They also apply to frontage of lots, minimum lot area, front, rear, and side yards, off-street parking, the number of buildings on a lot, and the number of dwelling units in a certain area. Regulations may restrict areas to single-family homes or to multifamily dwellings or townhouses. An ordinance may permit the construction of a building intended for non residential use, such as a school, church, hospital, or charitable institution, in a residential district.
Zoning regulations may be enforced by mandamus, an action that results in a judgment of a court compelling the appropriate public officers to carry out their duty; by injunction, which results in a court order forbidding the use or structure that is in violation; and by civil forfeiture actions or criminal prosecutions. Some ordinances provide for a certain sum to be paid to the municipality for each day of violation.
Criticism of zoning ordinances
- Much criticism of zoning laws comes from those who see the restrictions as a violation of property rights. It has been argued that zoning boards and city councils can too easily strip property owners of their right to unencumbered use of their land.
- It has also been argued that zoning laws work against economic efficiency and therefore hinder development in a free economy. A poor zoning restriction could hinder the optimal efficient usage of a given area. Even without any zoning restrictions, a landfill, for example, would likely gravitate to cheaper land rather than being placed in a residential area. Strict zoning laws can get in the way of creative developments like mixed-use buildings and can even stop harmless activities like yard sales.
- While admitting that many zoning restrictions are attempts to prevent conflicts that could be resolved through nuisance and real covenant claims, zoning proponents defend restrictions as promoting greater economic efficiency by protecting the property values of a given area, as well as limiting subsequent nuisance claims when landowners have already made large investments in their land.
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