Premier land-use regulation method in the United States, which divides urban areas into different sectors or zones, with different uses and regulations and requirements.
The police power
Euclid v. Ambler Realty Co.
The Court made it clear that a municipality may determine the nature of development within its boundaries and plan and regulate the use of land as the people within the community may consider it to be in the public interest. Justice Sutherland introduced the concept that a community must also relate its plans to the area outside its own boundaries. Thus, the Court sustained a village zoning ordinance that prevented Ambler Realty from building a commercial structure in a residential zone. This case first established the constitutionality of all parts of comprehensive zoning.
The courts continued to support the rights of municipalities to zone, and conventional “Euclidean zoning” became almost universal in both urban and suburban areas. The power to zone as well as to use other, more flexible land-use controls, has an ideological dimension because it conflicts with the ability of property owners to use their property as they see fit. Typically, zones have been devoted to commercial, industrial, and residential uses, with different density requirements and other regulations.
Later, in Lucas v. South Carolina Coastal Council
Many legal experts believe that zoning and other police power regulations may not be adopted when their sole basis lies in aesthetics. Proponents of this theory cite Welch v. Swasey
Years later the Court held in Arlington Heights v. Metropolitan Housing Development Corp.
Crawford, Clan. Strategy and Tactics in Municipal Zoning. Englewood Cliffs, N.J.: Prentice Hall, 1979. Davy, Benjamin. Essential Injustice: When Legal Institutions Cannot Resolve Environmental and Land Use Disputes. Wien, N.Y.: Springer, 1997. Frizell, David J. Land Use Law. 3d ed. Eagan, Minn.: Thomson/West Group, 2005 Kelly, Eric D. “Zoning.” In The Practice of Local Government Planning, edited by Frank So. Washington D.C.: International City Management Association, 1988. McAvoy, Gregory. Controlling Technocracy: Citizen Rationality and the NIMBY Syndrome. Washington, D.C.: Georgetown University Press, 1999. Mandelker, Daniel R. Land Use Law. 5th ed. Newark, N.J.: LexisNexis, 2003. Nelson, Robert H. Zoning and Property Rights: An Analysis of the American System of Land-Use Regulation. Cambridge, Mass.: MIT Press, 1980. Price, Polly J. Property Rights: Rights and Liberties Under the Law. Santa Barbara, Calif.: ABC-Clio, 2003.
Berman v. Parker
Dolan v. City of Tigard
Euclid v. Ambler Realty Co.
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles
Lucas v. South Carolina Coastal Council