Zoning Vs. Property Owners Rights
Zoning is a local land use control that regulates, broadly, how property is used. It is a recognized police power, authorized by the U.S. Constitution. Because both zoning and private property rights are basic constitutional rights, the United States Supreme Court has been the body responsible for settling important conflicts.
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History
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With its roots traced to land practices in 17th century England, zoning in the United States emerged with industrialization and urban population growth at the turn of the 20th century. New York City enacted the first broad zoning ordinance in 1916, closely followed by other cities across the country.
Expansion Beyond Use
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As far back as 1866, San Francisco had enacted legislation that prohibited slaughterhouses in residential portions of the city. This idea of restricting certain uses to specific areas, or zones, in a city became the basis for later comprehensive ordinances. Zones were initially defined as residential, commercial or industrial. These categories multiplied and became more specific. By the turn of the 21st century, the San Francisco Planning Code defined over 50 separate zones--from single-family residential to a dozen individually named neighborhood commercial districts. As zones increased, so did the nature and scope of zoning controls. The 1916 New York ordinance mandated setbacks on skyscrapers to provide for sunlight. Other ordinances limited lot coverage. It is now common to see qualitative urban design guidelines incorporated in zoning codes alongside extensive quantitative requirements ranging from the number of seats in a restaurant to the size of a third story dormer window.
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Supreme Court Involvement
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As zoning regulations matured and multiplied, conflicts with private property rights emerged. How far could zoning regulations go without infringing too much on private property rights? Eventually, this question was framed in constitutional terms: when does zoning go so far as to take property without the just compensation required by the U.S. Constitution? In land use circles, this is referred to as "the taking clause." The first significant case before the Supreme Court, Euclid v. Ambler in 1926, pitted the city of Euclid, which enacted a comprehensive zoning ordinance, against a real estate company that argued the ordinance robbed property owners of their right to use their land. Indeed, the ordinance dramatically altered and restricted how property could be developed. Initiating a trend that has characterized land use law over the ensuing years, the court upheld the zoning ordinance, reasserting a city's right to enact far-reaching zoning regulations.
The Planning Process
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The planning process does not begin with a zoning ordinance. It begins with a master plan or land use plan that identifies important issues, such as housing and transportation; reports on studies, such as population and employment growth; and sets priorities for the orderly development of land within a community. These broad policies are then focused down into specific regulations that would forward fulfillment of the city's goals. This is a public process, entailing many public hearings, in order to solicit and incorporate public opinion.
Appealing Zoning Decisions
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Incorporated into every set of zoning regulations is an appeals process that allows property owners and other interested parties to appeal zoning decisions, usually to an administrator or a body of appointed or elected officials. Looking to the language of the zoning regulations as well as to the master plan, the appellant offers an argument to have the decision overturned. Beyond the administrative appeal, affected parties may appeal the decision to court.
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