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Another avenue of criticism of zoning laws comes from libertarians and minarchists who see the

restrictions as a violation of individuals' property rights. With zoning, a property owner may not be
able to use her land for her desired purpose. Some economists [who?] claim that single-use zoning laws
work against economic efficiency and hinder development in a free economy, as poor zoning
restrictions hinder the more efficient usage of a given area. Even without zoning restrictions, a
landfill, for example, would likely gravitate to cheaper land and not a residential area. Single-use
zoning laws can get in the way of creative developments like mixed-use buildings and can even stop
harmless activities like yard sales.[20][unreliable source]

Mixed-use zoning[edit]
Further information: Mixed-use development
Planning and community activist Jane Jacobs wrote extensively on the connections between the
separation of uses and the failure of urban renewal projects in New York City. She advocated
dense mixed use developments and walkable streets. In contrast to villages and towns, in which
many residents know one another, and low-density outer suburbs that attract few visitors, cities and
inner city areas have the problem of maintaining order between strangers. [21]: 26, 39–44  This order is
maintained when, throughout the day and evening, there are sufficient people present with eyes on
the street [21]: 45-65 . This can be accomplished in successful urban districts that have a great diversity of
uses, creating interest and attracting visitors. [21]: 155-190  Jacob's writings, along with increasing concerns
about urban sprawl, are often credited with inspiring the New Urbanism movement.
To accommodate the New Urbanist vision of walkable communities
combining cafés, restaurants, offices and residential development in a single area, mixed-use zones
have been created within some zoning systems. These still use the basic regulatory mechanisms of
zoning, excluding incompatible uses such as heavy industry or sewage farms, while allowing
compatible uses such as residential, commercial and retail activities so that people can live, work
and socialise within a compact geographic area.[22]
Examples include:

 Melbourne, Victoria, Australia[23]


 Baltimore, Maryland Baltimore, MD City Code, Art. 32 § 6-201 (2017).
 Saint Anthony, Idaho St. Anthony, ID Municipal Code §§ 17.06.090-17.06.120
Form-based zoning[edit]
Form-based zoning regulates not the type of land use, but the form that land use may take. For
instance, form-based zoning in a dense area may insist on low setbacks, high density, and
pedestrian accessibility. Form-based codes (FBCs) are designed to directly respond to the physical
structure of a community in order to create more walkable and adaptable environments. [24]
Paris, looking toward the high density district of La Défense.

New York's 1916 Zoning Resolution also contained elements of form-based zoning. This was a
reaction to The Equitable Building which towered over the neighbouring residences, diminishing the
availability of sunshine. It mandated setbacks to tall buildings involving a mathematical formula
based on the height and lot size, and led to the iconic shapes of many early skyscrapers. New York
City went on to develop ever more complex regulations, including floor-area ratio regulations, air
rights and others for specific neighborhoods.
The French planning system is mostly form-based; zoning codes in French cities generally allow
many types of uses.[25] The key differences between zones are based on the density of each use on
a site. For example, a low-density zone may have the same permissible uses as a high-density
zone. However, the proportion of residential uses in the low-density zone would be greater than in
the high-density zone for economic rather than regulatory reasons.
The city of Paris has used its zoning system to concentrate high density office buildings in the district
of La Défense rather than allow heritage buildings across the city to be demolished to make way for
them, as is often the case in London or New York. [26] The construction of the Montparnasse Tower in
1973 led to an outcry. As a result, two years after its completion the construction of buildings over
seven storeys high in the city centre was banned. [27]

Conditional zoning[edit]
Conditional zoning allows for increased flexibility and permits municipalities to respond to the unique
features of a particular land use application. Uses which might be disallowed under current zoning,
such as a school or a community center can be permitted via conditional use zoning. Conditional use
permits (also called special use permits) enable land uses that because of their special nature may
be suitable only in certain locations, or arranged or operated in a particular manner. [28]
For example:

 Local agencies can restrict the time, place and manner in which convenience stores,
liquor stores and fast-food outlets operate.
 Community gardens can be allowed under specified conditions in certain zones.
 As a condition of approval, large mixed-use development projects can be encouraged or
required to offer to lease commercial space for a grocery store in a neighborhood that
lacks access to healthy foods.
Pattern zoning[edit]
Pattern zoning is a zoning technique in which a municipality provides licensed pre-approved building
designs, typically with an expedited permitting process.[29][30][31] Pattern zoning is used to reduce
barriers to housing development, create more affordable housing, reduce burdens on permit-review
staff, and create quality housing designs within a certain neighborhood or jurisdiction. [29][32] Pattern
zoning may also be used to promote certain building types such as missing middle housing and
affordable small-scale commercial properties.[33][34][35] In some cases, a municipality purchases design
patterns and constructs the properties themselves while in other cases the municipality offers the
patterns for private development. [36][37][38][39]

By country[edit]
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Australia[edit]
Main article: Urban planning in Australia
The legal framework for land use zoning in Australia is established by States and Territories, hence
each State or Territory has different zoning rules. Land use zones are generally defined at local
government level, and most often called Planning Schemes. In reality, however in all cases the state
governments have an absolute ability to overrule the local decision-making. There are administrative
appeal processes such as VCAT to challenge decisions.

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