Land Use Zoning - Term Paper Example

LAND USE ZONING By Insert Name Institution Instructor Date Land Use Zoning Introduction Land is, arguably the most important factor of production. One element that differentiates land from other factors of production is that land is limited in supply. Land cannot be extended or expanded like labor and capital can. As much as human beings may invest many efforts into increasing the supply of land through reclamation, not much can be done to solve the need for land to match the rate at which populations are growing and economic activities are expanding. This calls for intervention from various bodies, the government being the most prominent (Bobroskwi 2002). The government and its authorities use various approaches to land regulation. Land use zoning is one among the most effectual approaches used. Land use zoning refers to the division of land according to the function. This means that the land zones can be organized for such activities as farming, settlement and industrialization. Land use zoning can be done using many other metrics such as building height and so on (Floyd & Allen 2002). This paper explains why zoning is a necessary feature of urban and regional planning. The Extent to Which Land Use Zoning is important in urban and regional planning In an effort to understand the importance of land use zoning it is essential to have a clear picture of what the concept entails. In point of fact, there are many criteria used in land use zoning. Among the most prominent criteria is the aspect of commerce and industry. Industrial land use occurs where the government allocates some portion of a town or region strictly for the construction of industries. Similarly, a government can allocate land in such a manner that one zone is dedicated to settlement by standard single families another by multi-families, followed by general commerce, then followed by heavy industrial zones and finally agricultural land (Netzer 2003). While this is the case, there are many benefits that accrue to using this approach in urban planning. Land use zoning is an essential aspect of urban planning, and the government should endeavor to employ it to the extent of decongesting the main urban centers and cities. Apparently, congestion is one among the most serious problems facing urban areas in the world today. In point of congestion is one of the most significant problems facing urban places and major cities in both, the developed and the developing world in the contemporary times. Rural to urban migration is a common phenomenon in developing and developed economies as people tend to prefer settling in towns for reasons of convenience and economic proximity. Such urban migrations cause congestions which may lead to the development of slum areas and other shanty developments which become a threat to the entire urban population in the long run (Rohan 1977). Land use zoning is one among the most effectual ways of discouraging shanty settlements because it gives specifications pertaining to the specifications of buildings to be set up. For instance, a land use zone regulation may be to the effect that the height of buildings to be set up in a particular zone meets a minimum requirement of being a three storey permanent building. With such regulations in place, shanty settlements become an impossibility keeping such social evils as drug use and prostitution at bay. Similarly, discouraging slum areas in urban planning reduces insecurity. To this extent, the government should intervene on land use through land use zoning, because discouraging such evils and social wrongs is particularly important. According to (Salkin2004) land use zoning, is one of the ways through which urban planning can achieve economic land use. As stated earlier, land is a limited factor of production. To this extent, land should be used in an exceptionally economic manner so as to satisfy the needs of the ever growing urban population. (Salkin 2004) argues that giving particulars in the construction of buildings is one of the most portent ways of practicing land use zoning. Essentially most governments in the contemporary world are advocating for storey apartments which have emerged as a way of saving and yielding the highest returns from a small piece of land. As a matter of common knowledge, storey apartments are more economical than bungalows because the two buildings occupy the same size of land with the former comfortably accommodating a larger number of people. Speaking of economic land use (Sterk and Brunelle 2011) explains that land zones make the best use of space because under normal circumstances, land zones are planned in such a way that little or no land at all is lost or wasted by having irregular use of land. To the extent of having land economically used, therefore, the government should, through strict regulation, apply land use zoning practices. (Lambin & Meyfroidt 2010) further explains that land use zoning enables urban and regional planners to incorporate ecologically significant concepts such as the green space. In illustrating this point, (Lambin & Meyfroidt 2010) gives the example of London. London, arguably the oldest city in the United Kingdom has the worst air quality among all cities in Europe. The main reason for this is because London was established more than two millennia ago and developed during a period when urban planning and land zoning had not emerged as useful concepts. This so industries and urban settlements and residential areas clustered together leading to extensive pollution of air, water and land. Currently one among the biggest aims of the authorities of the city is to have green space and vertical faming in a bid to have the air quality improve. In recent years, (Lambin & Meyfroidt 2010) explains that London has seen its population face the various consequences of heat wave, a phenomenon associated with global warming. Summarily land use zoning is an appropriate element of urban and regional planning as it espouses such concepts as green space which upholds ecological importance. Still, land use zoning should not be done to the extent of oppressing the potential occupiers. On the contrary, the legal tool should be applied to the extent that environment is protected, and the millennium development goals are met. Diversification of the economy is one other advantage of land zoning. As mentioned earlier, land use zoning allocates space to all or most of the major economic activity such as farming, industrial development and general commerce. Such allocations coupled with government subsidies, ensures a balance in the importance of the various economic activities. This, argues (Randolph 2004), is a way of ensuring stability in the economy because the failures in one sector are complement by the resilient capacity of another. Further, land use zoning ensure near equitable distribution of the population a move that sees people seize from concentrating all the labor both intellectual and physical in urban areas. Consequently, the rural areas especially those endowed with natural resources and the urban areas, which are highly endowed with infrastructure, get to develop in equal measure and similar rates. The extent of zoning, therefore, should be one that ensures that the economy will not collapse due to lack of diversification. Apparently, relying on one sector is a risky endeavor. Sustainability is one of the key goals of both developed and developing economies with regard to the environment and especially to natural resources. Land use zoning upholds sustainability by relieving the land and other natural resources from strenuous use and occupation by human beings. Through provision of such things as green space, the environment remains sustainable into the foreseeable future because the flora and fauna are not adversely affected by heat wave, pollution and global warming. Sustainability emphasizes special treatment and strategic planning with regard to water sources that support human existence. According to (Schwieterman et al 2006) land use zoning endeavors to have the industries and manufacturing companies located far away, at a safe distance from water sources. Pollution of water bodies, especially rivers is a common hazard especially in urban areas where the population depends on the water from such bodies for domestic and commercial use. Land use zoning becomes an essential tool in reducing accidents associated with collapsing of buildings as a result of such geological processes as earthquakes and tremors. In zoning the land, the authorities always endeavor to ensure that residential areas are located in a region where the geological formation below id relatively stable to the extent that buildings cannot collapse, sink or break down killing the masses. It is critical to understand that when performing land zoning, the experts first and foremost consider the soil type and the rock below. Scholars such as (Glaeser & Ward 2009) argue that when zoning the land, the experts always employ relevance in such a manner that economic activities are allocated land in accordance to projected attainment of objectives. For instance, agriculture will be allocated land on the highlands with dark and rich loam soils tat support uninterrupted growth of crops. Similarly residential areas will be located in areas where the rock below is stable enough to withstand pressure from the bowels of the earth. Such pressure has been known to cause deaths and destruction of property in the event that an unforeseen tremor or earthquake hits the area. Where land use zoning is practiced, areas that are flat and have a weak geological formation will be allocated to green space because such land is economically useless. Conflicts commonly characterized division of land and ownership of the same among individuals, corporations and state agencies in a bid to reduce such conflicts, urban and regional planners should always consider land use zones. In so doing (Yong et al 2010) explains that the urban and regional planners are in a position to zone the land in such a manner that public land is differentiated from private land. Further, the private land is zoned in such a way that land for corporations and industrial development is set aside from the individually owned portions. This further reduces conflicts between individuals in residential areas because the zones are definite and identifiable, such that issuance of titles becomes practicable. Such practices reduce disagreements among the residents hence promoting core existence and reducing the costs of unnecessary litigation and conflict resolution. Essentially, therefore, the government should embrace land use zoning to the extent of upholding peaceful coexistence. Modes of Government Interventions As mentioned earlier, land is in high demand and is ever appreciating in terms of utility unlike all other factors of production. This makes land a cause of competition among individuals and corporations with each party aimed at getting a piece of the cake as far as the most productive land is concerned (Glaeser & Ward 2009). In the rush to grab a share in the most economically viable land, the populations move to urban areas and certain other seemingly productive areas leaving some parts of the country in a sorry state as far as development is concerned. It is for this reason that the government find it necessary to chip in and impose regulations as a central authority appointed by the people. The government adopts quite a number of modes when dealing with the land issue. While the reasons for which the government may be interested in the land vary, the modes of intervention remain significantly similar across various jurisdictions. The most prominent method of government intervention is the regulatory framework. Regulatory framework usually takes the form of zoning and planning. In most cases, regulatory framework takes the form of laws and by laws to enforce the wishes of the government and that which such government deems fit for the wider interest as well as regional balance and equitable development. in using the regulatory framework zoning and planning are the most prominent tools adopted. Such tools are strict and rigid to the extent that no private part can rise up to challenge the provisions of the same. Other methods of government interventions apart from the two based on the law are those based on policy. The public policy is among the most portent tools of influencing public decisions. Taxation is one of the most commonly used tools in most jurisdictions. In using taxation the government lays different burdens on people and parties owning and aspiring to own land in different areas so as to promote ownership and development of land in areas that are less developed. Governments in developing countries have adopted this rule in promoting development of rural areas (Schwieterman et al 2006). In furtherance of equal regional development, a government will heavily tax an organization operating in the urban areas. On the contrary, the government will offer tax holidays to all organizations willing to invest in the rural areas. Other forms of intervention include direct ownership of land by the government. The government will sometimes own land so as to have the legal authority to exercise power in dividing the land and allocating it to the desired uses and users. It is uncharacteristic of private parties to interfere with government owned land be it in urban areas or rural settlements as such the measures place the government in a better position to exercise intervention in the manner in which the land is used as well as the purposes (Bobroskwi 2002). Typically, all forms of government intervention on the consumption and ownership of land are well meaning and in line with the public interest and the highest good. This explains why even in the most capitalistic economies the government will intervene on matters of land. In addition to all the above methods of regulation, the government can as well intervene in matters of land through provisional services to the public and offering of subsidies for particular activities. Conclusion In conclusion it is apparent that from the aforementioned points, land use zoning is important in planning and should be made an integral part of regional and urban designations I both developed and developing countries. From the fore going, land use zoning helps uphold decongestion, order, economic land use, sustainability and co existence. Similarly, the concept is in line with diversification efforts and reduction of residential accidents. Apart from land use zoning, the government can intervene through other regulatory frameworks taxation, direct ownership, participation in urban investments and provisional services. Generally land use zoning is an important element of urban and regional planning. Overall, government intervention is of exceptional importance in regional and urban planning. Reference List Bobrowski, M. 2002. Handbook of Massachusetts land use and planning law: zoning, subdivision control, and nonzoning alternatives. New York, Aspen Law & Business Floyd, C. F., & Allen, M. T. 2002. Real estate principles. Chicago, Ill, Dearborn Real Estate Education Glaeser, E. L., & Ward, B. A. 2009. The causes and consequences of land use regulation: Evidence from Greater Boston. Journal of Urban Economics, 65(3), 265-278. Lambin, E. F., & Meyfroidt, P. 2010. Land use transitions: Socio-ecological feedback versus socio-economic change. Land use policy, 27(2), 108-118. Netzer, D. 2003. The property tax, land use, and land use regulation. Northampton, MA, E. Elgar Pub Randolph, J. 2004. Environmental land use planning and management. Washington, DC [u.a.], Island Press Rohan, P. J. 1977. Zoning and land use controls. New York, M. Bender. Salkin, P. E. 2004. Current trends and practical strategies in land use law and zoning. Chicago, Ill, American Bar Association, Section on State and Local Government Law Schwieterman, J. P., Caspall, D. M., & Heron, J. 2006. The politics of place: a history of zoning in Chicago. Chicago, IL, Lake Claremont Press Sterk, S. E., & Brunelle, K. J. 2011. Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases. Yong, Y., Zhang, H., Wang, X. R., & Schubert, U. 2010. Urban land-use zoning based on ecological evaluation for large conurbations in less developed regions: Case study in Foshan, China. Journal of Urban Planning and Development, 136(2), 116-124. Read More