zoning,n. The legislative division of a region, esp. a municipality, into separate districts with different regulations within the districts for land use, building size, and the like. [Cases: Zoning and Planning 1, 4. C.J.S. Zoning and Land Planning §§ 2–3, 5–7, 10, 17–18, 85.] — zone,vb.
aesthetic zoning.Zoning designed to preserve the aesthetic features or values of an area.
[Cases: Zoning and Planning 36. C.J.S. Zoning and Land Planning § 45.] bonus zoning.See incentive zoning.
cluster zoning.Zoning that favors planned-unit development by allowing a modification in lot size and frontage requirements under the condition that other land in the development be set aside for parks, schools, or other public needs. — Also termed density zoning. See PLANNED-UNIT DEVELOPMENT. [Cases: Zoning and Planning 85, 245. C.J.S. Zoning and Land Planning §§
conditional zoning.Zoning in which a governmental body (without definitively committing itself) grants a zoning change subject to conditions that are usu. not imposed on similarly zoned property. [Cases: Zoning and Planning 382, 382.1. C.J.S. Zoning and Land Planning §§
“Conditions imposed are designed to protect adjacent land from the loss of use value which might occur if the newly authorized use was permitted without restraint of any kind. Thus, conditional zoning seeks to minimize the potentially deleterious effect of a zone change on neighboring properties through reasonably conceived conditions which harmonize the landowner’s need for rezoning with the public interest.” 83 Am. Jur. 2d Zoning and Planning § 218, at 193 (1992).
contextual zoning.An approach to zoning that considers appropriate use of a lot based on the scale and types of nearby buildings. • Contextual zoning has been used, for example, to prevent the destruction of older, smaller residences to make room for larger houses disparagingly called “monster homes” or “McMansions” in established neighborhoods.
contract zoning. 1. Zoning according to an agreement, by which the landowner agrees to certain restrictions or conditions in exchange for more favorable zoning treatment. • This type of contract zoning is usu. considered an illegal restraint of the government’s police power, because by private agreement, the government has committed itself to a particular type of zoning. 2. Rezoning of property to a less restrictive classification subject to the lan-downer’s agreement to observe specified limitations on the use and physical development of the property that are not imposed on other property in the zone. • This device is esp. used when property is located in a more restrictive zone that borders on a less restrictive zone. [Cases: Zoning and Planning 160. C.J.S. Zoning and
Land Planning § 75.]
cumulative zoning.A method of zoning in which any use permitted in a higher-use, less intensive zone is per-missible in a lower-use, more intensive zone. • For example, under this method, a house could be built in an industrial zone but a factory could not be built in a residential zone.
density zoning.See cluster zoning.
Euclidean zoning (yoo-klid-ee-<<schwa>>n). Zoning by specific and uniform geographical division. • This type of zoning takes its name from the Supreme Court case that approved it: Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114 (1926). — Also termed use zoning. [Cases: Zoning and Planning 1, 31. C.J.S. Zoning and Land Planning §§ 2, 5–7, 17–18,
“Operating from the premise that everything has its place, zoning is the comprehensive division of a city into different use zones. Use zoning is also known as Euclidean zoning, taking the name from the leading case of Euclid v. Ambler Realty Co., which upheld its validity…. In the typical zoning ordinance each zone has three varieties of uses: permitted, accessory and conditional. Ordinances may also specifically prohibit some uses.” Julian Conrad Juergensmeyer & Thomas E. Roberts, Land Use Planning and Development Regulation Law§ 4.2, at 69 (2003).
exclusionary zoning.Zoning that excludes a specific class type of business from a district.
[Cases: Zoning and Planning 1. C.J.S. Zoning and Land Planning §§ 2, 5–7, 17–18.]
floating zoning.Zoning that creates exceptional-use districts, as needed, within ordinary
incentive zoning.A relaxation in zoning restrictions (such as density limits) that offer an incentive to a developer to provide certain public benefits (such as building low-income housing units). — Also termed bonus zoning. [Cases: Zoning and Planning 382.1. C.J.S. Zoning and
Land Planning § 197.]
interim zoning.Temporary emergency zoning pending revisions to existing ordinances or the
development of a final zoning plan. — Also termed stopgap zoning. [Cases: Zoning and Planning
22. C.J.S. Zoning and Land Planning § 16.]
inverse zoning.Zoning that attempts to disperse particular types of property use rather than
partial zoning.Zoning that affects only a portion of a municipality’s territory, and that is usu.
invalid because it contradicts the comprehensive zoning plan. — Also termed piecemeal zoning.
[Cases: Zoning and Planning 35. C.J.S. Zoning and Land Planning § 44.]
private zoning.The use of restrictive covenants in private agreements to restrict the use and occupancy of real property. • Private zoning often covers such things as lot size, building lines, architectural specifications, and property uses. [Cases: Covenants 1. C.J.S. Covenants §§ 2–3.] reverse spot zoning.Zoning of a large area of land without regard for the zoning of a small
piece of land within that area. [Cases: Zoning and Planning 35, 162. C.J.S. Zoning and Land
Planning §§ 44, 74.]
“When parcels around a given property are rezoned to allow for higher uses leaving an island of less intensive use, reverse spot zoning is the result.” Donald G. Hagman & Julian Conrad Juergensmeyer, Urban Planning and Land Development Control Law § 5.4, at 136 (2d ed. 1986). spot zoning.Zoning of a particular piece of land without regard for the zoning of the larger area surrounding the land. [Cases: Zoning and Planning 35, 162. C.J.S. Zoning and Land Planning §§ 44, 74.]
“To the popular mind, spot zoning means the improper permission to use an ‘island’ of land for a more intensive use than permitted on adjacent properties. The popular definition needs several qualifications …. The set of facts usually involves an ‘island’ of more intensive use than surrounding property …. Usually the ‘island’ is small …. Furthermore, the term is not properly applied to development permission that comes about by variance or special exception. Rather, the term refers to a legislative act, such as a rezoning, or to a situation in which the ‘island’ is created by the original ordinance.” Donald G. Hagman & Julian Conrad Juergensmeyer, Urban Planning and Land Development Control Law § 5.4, at 136 (2d ed. 1986).
stopgap zoning.See interim zoning. use zoning.See Euclidean zoning.
[Blacks Law 8th]