Land Zoning & Variances

Introduction

The first zoning ordinance in America was enacted in New York City in 1916 to limit the size and shape of new skyscrapers, so the adjacent streets would not become permanently shaded canyons. However, in some parts of NYC, this canyon is required by the zoning code since it has become an integral part of the NYC experience. The zoning ordinances will frequently place maximum limits on a building such as number of stories or height in feet above ground.

In broad strokes, zoning ordinances regulate land use. This regulation covers things such as density, flood impact, land usage, parking requirements, and ties into much more. It essentially tells you what type of building can be built where, and aspects of how large it can be. It does not specifically design a building, however it may limit and influence what forms the building can take.

Original zoning was written to deter bad development. Currently zoning has shifted to try and promote good building design; this is evident as many zoning regulations now include incentives and rewards for energy efficiency, low income housing, and other rewards for doing things that particular city/town/council want to encourage.

Misc Definitions

Cumulative Zoning: Multi-Use Districts

• Example: Residential and Commercial are both allowed in/within the same district. Most zoning in cities is cumulative.

View Code Restrictions: Protects a view from being obstructed. Done by local ordinances and typically is to protect/preserve a scenic or historically important view for the public.

In-Fill Development: Explores the possibility of finding and developing under improved sites throughout an area. This saves energy because it reuses existing infrastructure, as well as disturbs land that already has been disturbed (Brownfields)

Setback Encouragement: In residential areas, setbacks encourage yards/lawns, gardens, and provide space for enjoyment and natural enhancement of a neighborhood. This area is critical for community building.