Zoning

Zoning in its simplest form is the segregation of publicly and privately owned land into zones which separate commercial and industrial uses from residential uses. As such, zoning bylaws have a profound impact on our daily lives and shape the face, if not the very soul, of our cities.

Through these regulations our civic governments enshrine the widely held belief that neighborhoods must be sanctuaries from the dual pressures of industry and traffic. Since these values are so common, neighborhoods often fight emotional battles to preserve the status quo. While the values which zoning legislation protects are seldom a matter of dispute, modern social and environmental problems are forcing urban planners to question the many assumptions that are woven deeply into the fabric of existing legislation.

The Rise of Zoning Legislation

Before examining some of these assumptions, we might well look at the rise of zoning legislation in North America and Europe.

Genesis 1 (RSV) is an account of how the Spirit of God brought order and design to an earth that was “formless and empty.” Since we are created in the image of God, it is not surprising that we should strive to impose order on that which we perceive to be chaotic. Possibly the first encoded housing code is found in the requirement to build a railing around a roof deck to keep people from falling off (Deut. 22:8).

The history of Western civilization is the history of mighty rulers building well-planned cities as monuments to their power and ingenuity. With the rise of democracy and land ownership, modern zoning bylaws have replaced the decrees of monarchs as the vehicle with which to create ordered cities.

The first modern zoning bylaw was enacted in Frankfurt, Germany, in 1891. The success of the well-ordered German cities so impressed American planners that in 1916 the city of New York adopted the first zoning bylaw. Within twenty years federal model zoning bylaws were enacted throughout the United States. Similar legislative initiatives spread to Great Britain and Canada. The Canadian and British legislations developed broad discretionary powers to use such bylaws to distribute wealth created through the rezoning process for the purpose of providing public amenities. In contrast, in the United States the emphasis on property rights was reflected in court decisions, which often operated to restrict the redistribution aspect of zoning bylaws in favor of individual property rights.

Prior to the advent of zoning legislation, land use was regulated by restrictive covenants which were registered against the land by a developer to control the quality of the buildings constructed and the manner in which the land was used. Alternatively, the common-law doctrine of nuisance operated to allow land owners to sue one another when noxious or industrial uses were conducted in residential areas. While these devices produced a degree of segregation, many neighborhoods still had a wide diversity of business and residential uses. The diversity of types of housing also led to a broader socioeconomic diversity of residents.

Zoning and the Modern City

With the success of the motor vehicle, North Americans were provided with the means to escape the limits of the traditional small lot of the cities. Cheap land allowed the creation of spacious subdivisions. The desire to create truly separate residential neighborhoods pushed neighborhood stores and services to the periphery of the residential subdivisions and eventually into large malls where economies of scale could operate to produce attractive pricing. In the process, neighborhood pedestrian traffic and street life declined as the automobile further insulated residents from the daily encounters which are so essential to the creation of a sense of community. Largely lost in this process were the small family businesses unable to compete with national chains, and with them was lost a sense of stability and community.

The creation of the suburban subdivision also served to limit the ethnic and economic diversity of residents which is more frequently found in older areas of the city. The high cost of large suburban homes ensured that the residents would be homogenous in their economic status and indirectly their race. The strict definition of areas as “single-family” limited the opportunities for boarding rooms and in-law suites. This had the further effect of limiting the diversity of the population to the nuclear family. The institutionalization of senior citizens also removed seniors from residential areas and limited their traditional role in providing family support.

Zoning and the Gospel

The gospel of Jesus Christ is a message of inclusion and a call to reject position, privilege and the institutions which protect them. Jesus’ unconditional love of the sick, the tax collector, the prostitute and the child is an invitation to understand ourselves and the spiritual emptiness which drives us to perform. Like the good son in the parable of the prodigal son (Luke 15), we explode in anger as we realize that the achievements for which we have toiled to define ourselves are unimportant to our Father’s love for us. Our sense of control and order is lost as grace extinguishes our pride and places us as an equal in the company of the prodigal.

Zoning bylaws reflect our need to segregate ourselves through pride and fear. Changes to these rules will not change people’s deepest fears. Those changes will, however, provide us with the opportunity to grow in spiritual understanding as we know and relate to our neighbors. In doing so, we will sow the seeds of community and allow our children to see glimpses of God’s unconditional love.

Planners throughout the world have been experimenting with regulatory mechanisms which attempt to create the social diversity and sense of community which existed in the traditional town setting. Effective zoning, while recognizing the traditional rights of ownership, also recognizes the biblical principles of stewardship that demand that our use of the land be accomplished in a manner that minimizes the negative impacts on our physical and social environment. The challenge for Christians is to be thoughtful participants in our civic governments. Our challenge is to recognize that the status quo has robbed our neighborhoods of their traditional diversity and to pursue creative choices which will once again open our communities to the old, the disabled and the poor. Locating daycare centers, senior facilities and schools together to create shared programs would be a small step to bridge the generational isolation. More liberal regulations regarding extending families, student housing and small family-based community care homes would be effective steps to renewal.

In opening the doors of our communities we also open our hearts to experience God’s grace. Let us be mindful of this as we take small daily steps toward that goal.

» See also: Architecture, Urban

» See also: City

» See also: Community

» See also: Commuting

» See also: Inner City

» See also: Neighborhood

» See also: Public Spaces

» See also: Shopping Malls

» See also: Small Towns

» See also: Suburbia

References and Resources

M. Goldberg, Zoning: Its Cost and Relevance for the 1980’s (Vancouver: Fraser Institute, 1980); H. J. M. Nouwen, The Return of the Prodigal Son (Toronto: Doubleday, 1992); S. M. Peck, The Different Drum (New York: Simon & Schuster, 1988); W. Rybczynski, City Life: Urban Expectations in a New World (Toronto: HarperCollins, 1995); F. S. So, The Practice of Local Government Planning (Washington, D.C.: International City Management Association, 1959).

—Derek Creighton