What are the Types of Zoning?

Zoning regulations direct the form and use of land and buildings. Zoning is one of the most common, effective, and flexible tools for implementing the land use goals and objectives identified in a city’s or town’s growth policy. Zoning began to emerge at the turn of the 20th century, when development was concentrated in cities and conflicts between residential and industrial uses began to appear in earnest. Boston and other cities began to enact restrictions on building heights, followed by Los Angeles and other cities dividing cities into separate
districts for separate and incompatible uses. As these ordinances were challenged and upheld by the courts, more comprehensive zoning codes developed. (Welch v. Swasey, 214 U.S. 919 (1909); Hadacheck v. Sebastian, 239 U.S. 394 (1915).) In 1916, New York City adopted the first citywide zoning code in the nation. In 1921, U.S. Department of Commerce Secretary and future President Herbert Hoover appointed an Advisory Committee on City Planning and Zoning, which included representatives from the U.S. Chamber of Commerce, the National Association of Real Estate Boards, the American Civic Association, the National Municipal League, the National Housing Association, and the National Conference on City Planning. Over the span of approximately 10 years, they created the first state enabling act statute. The first Standard State Zoning Enabling Act (SZEA) was published by the U.S. Department of Commerce in 1924, and the revised edition in 1926. That same year, the U.S. Supreme Court upheld comprehensive zoning as a constitutional exercise of police power. (Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).) In 1929, Montana adopted the revised SZEA edition essentially in whole. The Act specifically authorized municipalities to adopt zoning for the purpose of promoting the public health, safety, morals, and general welfare 76-2-301, MCA. Under the municipal zoning statute, cities and towns may divide their jurisdictions into districts where “it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land” 7‐2-302(1), MCA. As to the specific regulations a municipality may wish to adopt, the statutory scheme is broad and flexible, allowing local governing bodies a great amount of deference in determining the best regulations based on local conditions. The statute specifically acknowledges that if a municipality’s zoning regulations impose higher standards than required in any other statute or local ordinance, the municipality’s zoning regulations govern 76-2-309, MCA. However, there are eleven specific criteria the Montana Municipal Officials Handbook 185 governing body must consider in each decision to adopt or amend a zoning ordinance 176-2-304, MCA. Referred to
as the Lowe criterion, the eleven criteria ask whether the new zoning:
1. Was designed in accordance with the growth policy.y;
2. Will secure safety from fire and other dangers.rs;
3. Will promote public health, public safety, and the general welfare.lfare;
4. Will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
5. Will provide adequate light and air.ir.
6. Considers the effect on motorized and non­motorized transportation systems; Promotes compatible urban growth.
7. Gives reasonable consideration to the character of the district.
8. Gives consideration to the peculiar suitability of the property for particular uses.
9. Was adopted with a view to conserving the value of buildings; and
10. Will encourage the most appropriate use of land throughout such municipality.
 (Lowe v. Missoula, 165 Mont. 38, 41 (1974); Lake County First v. Polson City Council, 2009 MT 322 (2009).)