Zoning in the United States
Zoning is a law that divides a jurisdiction's land into districts, or zones, and limits how land in each district can be used.[1][2] In the United States, zoning includes various land use laws enforced through the police power rights of state governments and local governments to exercise authority over privately owned real property.[3]
Zoning laws in major cities originated with the Los Angeles zoning ordinances of 1904[4][5] and the New York City 1916 Zoning Resolution.[6] Early zoning regulations were in some cases motivated by racism and classism, particularly with regard to those mandating single-family housing.[7][8] Zoning ordinances did not allow African-Americans moving into or using residences that were occupied by majority whites due to the fact that their presence would decrease the value of home.[9] The constitutionality of zoning ordinances was upheld by the Supreme Court of the United States in Village of Euclid, Ohio v. Ambler Realty Co. in 1926.
According to the New York Times, "single-family zoning is practically gospel in America," as a vast number of cities zone land extensively for detached single-family homes.[10] Low-density residential zoning is far more predominating in U.S. cities than in other countries.[7] The housing shortage in many metropolitan areas, coupled with racial residential segregation, has led to increased public focus and political debates on zoning laws.[11][12] Studies indicate that strict zoning regulations constrain the supply of housing and inflate housing prices,[13][14][15][16] and increase homelessness,[17] as well as contribute to inequality[18] and a weaker economy.[13][19]
Strict zoning laws have been found to contribute to racial housing segregation in the United States,[13][20][21][22] and zoning laws that prioritize single-family housing have raised concerns regarding housing availability, housing affordability and environmental harms.[10][23][24] In the U.S., support for local zoning against multifamily housing is concentrated among white, affluent homeowners.[25] There are no substantial differences between liberal and conservative homeowners in their opposition to the construction of dense housing in their neighborhoods.[26] However, among the mass public and elected officials, Democrats are more likely to support dense, multi-family housing.[27]
Implementation[edit]
Most zoning systems have a procedure for granting variances[69] (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.[70]
Zoning laws in different jurisdictions can each specify their rules using their own systems. Although there are some general patterns, such as abbreviations starting with R for residential, C for commercial, and I for industrial, zoning laws do not follow any single consistent system.[71] As one example, residential zones in one city might be coded as R1 for single-family homes and R5 for multiple-family homes.[72] In other places, the code R5 could refer to 5 residential housing units per acre or to homes on lots of at least 5,000 square feet.[73]
Amendments to zoning regulations[edit]
Amendments to zoning regulations may be subject to judicial review, should such amendments be challenged as ultra vires or unconstitutional.
The standard applied to the amendment to determine whether it may survive judicial scrutiny is the same as the review of a zoning ordinance: whether the restriction is arbitrary or whether it bears a reasonable relationship to the exercise of the police power of the state.
If the residents in the targeted neighborhood complain about the amendment, their argument in court does not allow them any vested right to keep the zoned district the same.[85] However, they do not have to prove the difficult standard that the amendment amounts to a taking.[85] If the gain to the public for the rezoning is small compared to the hardships that would affect the residents, then the amendment may be granted if it provides relief to the residents.[85]
If the local zoning authority passes the zoning amendment, then spot zoning allegations may arise should the rezoning be preferential in nature and not reasonably justified.