American Law of Zoning


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Understanding the Law of Zoning and Land Use Controls


Book Description

Understanding the Law of Zoning and Land Use Controls, now in its Third Edition, is a comprehensive and clearly written text addressing zoning, land use, and environmental regulation in a national, jurisdiction-independent manner. It first sets out the constitutional framework for land use regulation in a discussion of the takings clause, followed by a discussion of the basic form of land use controls, Euclidian zoning, and then non-Euclidian regulations. Also discussed are administrative and legislative relief from land use controls, the bread and butter of a land use practice. The book is divided into six parts: Part 1: Fundamental Concepts: The Police Power, Takings, and Zoning Part 2: The Zoning Forms of Action Part 3: Economic Discrimination and Zoning Part 4: Wetlands and Beaches Part 5: Regulating the User, Not the Use Part 6: Halting an Owner's Further Regulation




Zoned in the USA


Book Description

Why are American cities, suburbs, and towns so distinct? Compared to European cities, those in the United States are characterized by lower densities and greater distances; neat, geometric layouts; an abundance of green space; a greater level of social segregation reflected in space; and—perhaps most noticeably—a greater share of individual, single-family detached housing. In Zoned in the USA, Sonia A. Hirt argues that zoning laws are among the important but understudied reasons for the cross-continental differences.Hirt shows that rather than being imported from Europe, U.S. municipal zoning law was in fact an institution that quickly developed its own, distinctly American profile. A distinct spatial culture of individualism—founded on an ideal of separate, single-family residences apart from the dirt and turmoil of industrial and agricultural production—has driven much of municipal regulation, defined land-use, and, ultimately, shaped American life. Hirt explores municipal zoning from a comparative and international perspective, drawing on archival resources and contemporary land-use laws from England, Germany, France, Australia, Russia, Canada, and Japan to challenge assumptions about American cities and the laws that guide them.




The Zoning and Land Use Handbook


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American Law of Zoning


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Zoning Rules!


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"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.




The Economics of Zoning Laws


Book Description

Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.







Arbitrary Lines


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What if scrapping one flawed policy could bring US cities closer to addressing debilitating housing shortages, stunted growth and innovation, persistent racial and economic segregation, and car-dependent development? It’s time for America to move beyond zoning, argues city planner M. Nolan Gray in Arbitrary Lines: How Zoning Broke the American City and How to Fix It. With lively explanations and stories, Gray shows why zoning abolition is a necessary—if not sufficient—condition for building more affordable, vibrant, equitable, and sustainable cities. The arbitrary lines of zoning maps across the country have come to dictate where Americans may live and work, forcing cities into a pattern of growth that is segregated and sprawling. The good news is that it doesn’t have to be this way. Reform is in the air, with cities and states across the country critically reevaluating zoning. In cities as diverse as Minneapolis, Fayetteville, and Hartford, the key pillars of zoning are under fire, with apartment bans being scrapped, minimum lot sizes dropping, and off-street parking requirements disappearing altogether. Some American cities—including Houston, America’s fourth-largest city—already make land-use planning work without zoning. In Arbitrary Lines, Gray lays the groundwork for this ambitious cause by clearing up common confusions and myths about how American cities regulate growth and examining the major contemporary critiques of zoning. Gray sets out some of the efforts currently underway to reform zoning and charts how land-use regulation might work in the post-zoning American city. Despite mounting interest, no single book has pulled these threads together for a popular audience. In Arbitrary Lines, Gray fills this gap by showing how zoning has failed to address even our most basic concerns about urban growth over the past century, and how we can think about a new way of planning a more affordable, prosperous, equitable, and sustainable American city.




The Zoning of America


Book Description

Revisits the landmark case Euclid v. Ambler, in which the Supreme Court surprisingly upheld the constitutionality of local zoning laws protecting residential neighborhoods from real and perceived disturbances, a decision that forever changed the way American cities and their suburbs were organized.