Zoned in the USA

1. American Zoning: A Unique Global Model

The zoning system that we have in the United States, as “normal” as it may seem to those who grew up with it, may be particularly American.

Distinctiveness of the U.S. System. The way American municipal governments plan and regulate cities, towns, and suburbs is fairly unique compared to other industrialized nations. While other countries also regulate urban development, the U.S. model relies more heavily on public regulation of private activities through zoning and other rules. This approach often surprises Europeans, who are accustomed to more direct government intervention in urban development.

Procedural and Substantive Differences. The U.S. model differs both procedurally and substantively. Procedurally, it emphasizes explicit, relatively strict, and uniform rules for issuing or denying planning permissions, although discretionary powers have grown over time. Substantively, it aims to produce low-density urbanized environments with a clear separation between living and working spaces, giving preferential treatment to single-family homes with private yards.

A Cultural Institution. American zoning is deeply rooted in the nation's "national temperament" and its impact on laws and cities. It reflects and reinforces American ideals of good government and good urbanism, particularly the value placed on generous private family domains immune from the chaos of dense collective living. This cultural claim suggests that zoning is not merely an economic or institutional tool but a reflection of deeply held societal values.

2. The American Housing Dream: More About Form Than Ownership

What makes Americans special is not their homeownership rates but the fact that they reside, in unusually high numbers, in detached single-family homes.

Homeownership vs. Housing Type. While America has long prided itself on being a "nation of homeowners," its homeownership rates are now in the middle range compared to other economically advanced countries. What truly distinguishes the U.S. is the prevalence of detached single-family homes, with over two-thirds of American housing comprising this type. This preference for single-family homes is deeply ingrained in American culture.

Spaciousness and Low Density. American homes are not only predominantly single-family but also unusually spacious, with the average size of new dwellings more than doubling since the 1950s. These homes are often surrounded by large private yards, contributing to a low-density urban landscape that is striking from an international perspective. Metropolitan Atlanta's density, for example, is more than ten times lower than Moscow's and Paris's.

Federal Policies and Cultural Preferences. Federal policies, such as the Federal Housing Administration (FHA) and the homeowner mortgage deduction program, have historically favored the building of low-density urban and suburban landscapes dominated by single-family homes. While market forces and cultural preferences also play a role, government support has been crucial in realizing this vision on a mass scale.

3. Zoning's Core: Land-Use Separation

Zoning entails separating the land in a particular [municipal] area into sections, or zones, with different rules governing activities on that land.

Defining Zoning. Zoning is a law adopted by local governments that divides land into sections or zones, each with different rules governing activities. These rules address three main aspects of land and buildings: use (function), shape, and bulk. The most critical aspect of traditional U.S. zoning regulation is land use or function, which dictates the activities that can occur in each zone.

Evolution of Zoning Categories. The first comprehensive zoning ordinance in the U.S., New York City's 1916 ordinance, introduced only three basic land-use categories: residential, business, and unrestricted. Over time, the categories became more intricate, with the residential category split into single-family, two-family, and multifamily subtypes. This subcategorization was also applied to commercial and industrial land-use classes.

Hierarchical vs. Flat Zoning. Zoning ordinances can be hierarchical, where land uses higher in the pyramid (e.g., residential) are permissible in areas designated for lower uses (e.g., commercial and industrial), but not vice versa. Alternatively, they can be flat, where each land-use class is exclusive, banning residential uses in commercial or industrial districts and vice versa. The trend in the U.S. has been toward flat zoning, making the co-location of various activities increasingly difficult.

4. The Critique of Traditional Zoning: A Multifaceted Attack

Although the private market may well have sprawling tendencies of its own, it is capable of producing alternatives but is impeded by municipal regulations that lower development densities, separate land uses, specify wide roadways and mandate large parking areas.

Libertarian and Economic Arguments. Critics argue that zoning restricts individual property rights and freedoms, leading to inefficiencies in the land market. They claim that zoning favors lower-density, more segregated built forms than the market would otherwise produce, inflating housing prices and requiring costly infrastructure extensions.

Social Arguments. Zoning is blamed for segregating people by class and race, acting as a gatekeeper that favors insiders over outsiders. By establishing large residential districts that permit only large homes on large lots, zoning excludes lower-income residents and minorities. This segregation can also extend to age and gender, limiting access to services for the young, the elderly, and women.

Environmental and Aesthetic Arguments. Zoning contributes to excessive land consumption, harming natural habitats and mandating car travel, thus contributing to pollution. It is also criticized for encouraging cookie-cutter environments and reducing the complexity of urbanism, suppressing the vitality and aesthetic appeal of cities.

5. Alternatives to Traditional Zoning: A Patchwork of Reforms

Although the private market may well have sprawling tendencies of its own, it is capable of producing alternatives but is impeded by municipal regulations that lower development densities, separate land uses, specify wide roadways and mandate large parking areas.

Expanding Municipal Powers. The scope of what municipalities can accomplish through zoning has expanded dramatically, including regulating signs, landscaping, parking, and aesthetic characteristics. The rigidity of the original approach has been partially overcome by strengthening the powers of municipal governments to exercise discretionary judgment.

Key Innovations. Incentive zoning grants density bonuses to developers in exchange for community improvements. Inclusionary zoning requires locales to zone for low- and moderate-income housing. Zoning can also transfer development rights from one district to another and enable builders to purchase them.

Wholesale Alternatives. Performance zoning replaces traditional land-use categories with regulations based on the expected environmental impact of a proposed project. Form-based zoning replaces land-use categories with categories that pertain to architectural character. However, these innovations have been slow to take root, and traditional zoning principles persist in many areas.

6. European Planning: A Spectrum of Approaches

The planning system does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases.

England: Discretionary Control. England's unique system does away with the presumption that compliance with rules guarantees the right to construct. Instead, planning permissions are granted at the discretion of local authorities, taking into account generalized urban plans and other "material considerations." England does not zone, and the legal boundaries around residential uses are more porous than in the U.S.

France: Codified Regulation. France's Napoleonic system is highly codified, with private development requiring permission but granted as long as the private party follows detailed, legally binding, area-based regulations. The Code of Urbanism outlines broad types of zones, but the key determinant of what can be built is the Coefficient d’Occupation du Sol (COS), or floor-to-area ratio (FAR).

Germany: Federal Framework, Local Implementation. Germany's Germanic planning family is characterized by a high degree of codification, with federal laws outlining general land-use classes and local municipalities preparing detailed development plans (Bebauungspläne) that prescribe specific area-based regulations. The BauNVO land-use classifications, such as "small-scale residential" and "exclusively residential," allow for a mix of uses.

Sweden: Local Autonomy within National Guidelines. Sweden's Scandinavian planning family combines strong local self-government with national planning legislation. Municipalities prepare general land-use plans and legally binding detailed development plans, but the concept of zones occupied solely by a single land-use class is absent.

Russia: Post-Soviet Transition. Russia's postcommunist system is evolving, with the Urban Development Code outlining land-use classes and requiring cities to adopt general plans with "functional territorial zoning." However, as in other European countries, the concept of zones occupied solely by a single land-use class seems absent.

7. The Roots of Zoning: Ancient Regulations and Modern Ideals

e existence of free land, its continuous recession, and the advance of American settlement westward, explain American development.… e peculiarity of American institutions is, the fact that they have been compelled to adapt themselves to the changes of an expanding people.

Ancient Civilizations. Urban regulations date back to ancient civilizations, including Babylon, the Indus Valley, and Egypt. These regulations often pertained to overall city layout, street layout, and the bulk, materials, and orientation of buildings. Some ancient societies, such as those in India and Greece, also experimented with caste-based divisions and rudimentary land-use specialization.

Medieval and Renaissance Europe. Medieval Europe saw the development of legal constructs such as the feudal manor and commons, which established the principle that individuals must practice self-restraint in land use. Renaissance and Baroque Europe brought about a new attitude toward city-building, emphasizing formal order and standardization of space, leading to stricter urban regulations.

The Industrial Revolution. The industrial revolution brought about unprecedented urban growth and severe problems in European cities, leading to a proliferation of city-building rules. However, these rules did not lead to identical land-use-separation systems in all industrializing societies, with the U.S. system becoming the strictest.

8. American Exceptionalism: Individualism and Land-Use Control

e existence of free land, its continuous recession, and the advance of American settlement westward, explain American development.… e peculiarity of American institutions is, the fact that they have been compelled to adapt themselves to the changes of an expanding people.

Land Abundance and Spatial Individualism. America's vast territory and the perception of limitless land have shaped American attitudes toward land, its development, and attempts by government to control its use. This has led to a tradition of spatial individualism, with Americans valuing generous spaces to be conquered and subjugated to human will.

Political and Economic Individualism. American culture and politics have been shaped by political individualism, the idea that success comes from the actions of autonomous individuals free from government intrusion, and economic individualism, the idea that each individual should be free to pursue advancement through the accumulation of private property and material wealth.

The Paradox of Zoning. American zoning, a case of restrictive government intrusion into the activities of individuals, seems to contradict these core values. However, it can be seen as a means of achieving greater economic individualism by protecting private property values and ensuring the stability of neighborhoods.

9. The Formative Years: Shaping American Zoning

e design of our zoning laws has been to restrict the use of certain property, and thus to guarantee to the homeowner that the area in which his home is located shall not be subjected to uses which might have a tendency to destroy the area for home purposes.

Early Zoning Debates. At the beginning of the twentieth century, many Americans questioned the wisdom and legality of zoning, viewing it as an exercise of public control over the private sector. The Supreme Court's decision in Euclid v. Ambler in 1926 legally sanctioned zoning, but the controversy persisted.

The Rise of Residential Exclusivity. During the formative years of zoning (1905–1935), the exclusive single-family zoning district became a key construct, implementing Americans' spatial individualism in built form. This district, which outlawed all other major land uses and building types, became ubiquitous in the U.S. but remained an international rarity.

Cultural Acceptability. Zoning became culturally acceptable in the United States because it was presented as a tool that constrains government bureaucrats, defends private property values, and implements Americans' spatial individualism in built form. This cultural alignment bolstered the popularity of the traditional U.S. zoning system.

10. The Promises and Paradoxes of Residential Zoning

e whole zoning problem in this country is affected by two factors which I should like myself to learn more about than I know. ey are in a sense peculiarly American.

Promises of Zoning. American zoning promised to ensure public safety, protect health, enhance welfare, and promote prosperity. It also promised to create a more civic-minded citizenry by increasing homeownership and fostering stable family life.

Paradoxes of Zoning. Despite these promises, American zoning has led to several paradoxes. It has created low-density, sprawling landscapes that contribute to pollution and obesity. It has segregated communities by class and race, limiting social interaction and perpetuating inequality. And it has failed to deliver on its promise of increasing homeownership, as homeownership rates are higher in many other countries.

Reassessing the American Model. The American model of land-use control, with its focus on strict order, land-use segregation, and exclusive private spaces, can be seen as a cultural institution that reflects the values of its founders. However, it is important to reassess whether these early decisions are still socially and culturally appropriate today, or whether they are trapping us in practices whose questionable impacts we understand much better than we did in the past.

Last updated: February 23, 2025