The Zoning System

• Author: Christian Turner
• Pages: 5-115

2. The Zoning System

2.1. Introduction

A Sample State Zoning Enabling Act

Section 1. Grant of Power

For the purpose of promoting health, safety, morals, or the

general welfare of the community, the legislative body of

cities and incorporated villages is hereby empowered to

regulate and restrict the height, number of stories and size

of buildings and other structures, the percentage of lot that

may be occupied, the size of yards, courts, and other open

spaces, the density of population and the location and use

of buildings, structures and land of trade, industry,

residence or other purposes.

Section 2. Districts

For any or all of said purposes the local legislative body

may divide the municipality into districts of such number,

shape, and area as may be deemed best suited to carry out

the purposes of this act; and within such districts it may

regulate and restrict the erection, construction,

reconstruction, alteration, repair, or use of buildings,

structures , or land. All such regulations shall be uniform

for each class or kind of building throughout each district,

but the regulations in one district may differ from those n

other districts.

Section 3. Purposes in View

Such regulations shall be made in accordance with a

comprehensive plan and designed to lessen congestion in

the streets; to secure safety from fire, panic, and other

dangers; to promote health and the general welfare; to

provide adequate light and air; to prevent the overcrowding

of land; to avoid undue concentration of population; to

facilitate the adequate provision of transportation, water,

sewerage, schools, parks, and other public requirements,

Such regulations shall be made with reasonable

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consideration, among other things, to the character of the

district and its peculiar suitability for particular uses, and

with a view to conserving the value of buildings and

encouraging the most appropriate use of land throughout

such municipality.

Section 4. Method of Procedure

The legislative body of such municipality shall provide for

the manner in which such regulations and restrictions and

the boundaries of such districts shall be determined,

established, and enforced, and from time to time amended,

supplemented, or changed. However, no such regulation,

restriction, or boundary shall become effective until after a

public hearing in relation thereto, at which parties in

interest and citizens shall have an opportunity to be heard.

At least 15 days’ notice of the time and place of such

hearing shall be published in an official paper, or a paper of

general circulation, in such municipality.

Section 5. Changes

Such regulations, restrictions, and boundaries may from

time to time be amended, supplemented, changed,

modified, or repealed. In case, however, of a protest against

such change, signed by the owners of 20 per cent or more

either of the area of the lots included in such proposed

change, or of those immediately adjacent in the rear thereof

extending ______ feet there from, or of those directly

opposite thereto extending ______ feet from the street

frontage of such opposite lots, such amendment shall not

become effective except by the favorable vote of three-

fourths of all the members of the legislative body of such

municipality. The provisions of the previous section

relative to public hearings and official notice shall apply

equally to all changes or amendments.

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Section 6. Zoning Commission

In order to avail itself of the powers conferred by this act,

such legislative body shall appoint a commission, to be

known as the zoning commission, to recommend the

boundaries of the various original districts and appropriate

regulations to be enforced therein. Such commission shall

make a preliminary report and hold public hearings thereon

before submitting its final report, and such legislative body

shall not hold its public hearings or take action until it has

received the final report of such commission. Where a city

plan commission already exists, it may be appointed as the

zoning commission.

Section 7. Board of Adjustments

Such local legislative body may provide for the

appointment of a board of adjustment, and in the

regulations and restrictions adopted pursuant to the

authority of this act may provide that the said board of

adjustment may, in appropriate cases and subject to

appropriate conditions and safeguards, make special

exceptions to the terms of the ordinance in harmony with

its general purpose and intent and in accordance with

general or specific rules therein contained.

The board of adjustment shall consist of five members,

each to be appointed for a term of three years and

removable for cause by the appointing authority upon

written charges and after public hearing. Vacancies shall be

filled for the unexpired term of any member whose term

becomes vacant.

The board shall adopt rules in accordance with the

provisions of any ordinance adopted pursuant to this act.

Meetings of the board shall be held at the call of the

chairman and at such other times as the board may

determine. Such chairman, or in his absence the acting

chairman, may administer oaths and compel the attendance