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WCEL
> Issues > Urban Growth and
Development > Smart Bylaws Guide > Part
6 > Use Site Resources Wisely > Unique
Zoning and Clustering
Smart Bylaws Guide – Use Site Resources Wisely – Unique
Zoning and Clustering
Zoning bylaws regulate a wide
variety of development characteristics, such as the use and density
of land, building and structures, and where development may occur.
More specifically, it regulates urban green space, environmentally
sensitive areas, parks, vegetation requirements and riparian
setbacks for watercourses. It is a sweeping tool that can be
used creatively to require environmental protection at the site
level.
For example, in environmentally
sensitive areas and parks local governments can create low density
zones to keep development away from habitats. At the same
time, local government can create higher density mixed-use
zones to concentrate development in built areas. Zoning bylaws
can also specify watercourse
setback requirements. In urban and near-urban areas more
municipalities are using comprehensive
development zones where a unique zone is created for larger
properties, thereby closely tailoring the development to site- and
neighbourhood-specific needs. Finally, density
bonuses allow municipalities to acquire additional
environmentally sensitive land or preserve environmental amenities
in exchange for increased density.
Clustering Development
Zoning to permit a clustered housing form, either for new
subdivisions or single structure developments, can protect
environmentally sensitive areas, resource lands, greenbelts and
recreational land. Clustering refers to development that is
concentrated on one part of the property, leaving the rest of the
property largely undisturbed or rehabilitated. When
municipalities want to cluster development upon subdivision staff
often create unique or spot zoning, a site-specific zone designed
for a particular property. This allows the zoning to be
tailored to the ecological characteristics of the site. The
zoning can include requirements about vegetation, riparian setbacks,
impermeable surface coverage, and other regulations designed to
maintain ecological functioning.
Examples of Clustering Development
Down-zoning and Compensation
Local governments may change zoning,
without the consent of property owners, to fulfill community plan
goals. Contrary to popular belief, down-zoning (re-zoning land
to decrease density or to increase the restrictions on development
of property) does not usually require compensation to the land
owner. This is true even if the change in zoning affects the
value of the property. Local governments have the ability to
unilaterally change zoning to meet community plan goals.
However, compensation will be due to landowners for changes in
zoning if the land is zoned for a public use or the use is
sterilized, meaning the land effectively has no use at all.
Compensation will also be owed if the local government attempts to
devalue the land.
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