Why Do We Have Zoning?

Thinking About Buying Land or Building Your Dream Home?

Before you hire an architect or break ground, there’s a crucial question you need to ask:

What does the zoning allow?

Zoning might seem like bureaucratic fine print, but it’s one of the most powerful forces shaping where and how we live. It determines whether you can build a duplex or only a single-family home, how tall your house can be, if you can add a second unit, or whether a neighborhood supports walkable living.

Let’s quickly unpack the history of zoning, its evolving alternatives, and what all of this means for your future home—through the lens of urban design and its American history.

A Brief History

Before the modern American zoning

system, town planning followed more organic and community-driven models. In European cities, for example, development happened slowly over centuries. Neighborhoods weren’t broken into single-use zones—shops, homes, churches, and civic buildings shared space along walkable streets. Public life centered on squares and marketplaces. These towns functioned based on daily rhythms and practical proximity rather than legal divisions.

Indigenous planning in North America was equally sophisticated, designed in harmony with nature and the needs of the people. Settlements often prioritized seasonal climate responses, social gathering space, and sustainable land stewardship. Whether tribal villages or colonial towns, early settlements were rooted in adaptability, diversity, and resilience—values increasingly re-emerging in modern planning discussions.

Modern zoning in the U.S. began in New York City in 1916, when public outcry over the 42-story Equitable Building prompted the city’s first zoning resolution. The law introduced height limits and setback requirements to ensure light and air could reach the street below. This was the origin of Euclidean zoning, which separates land by use: residential, commercial, industrial- though it wouldn't be referred as that for another decade.

It is important to note that even before 1916, cities like San Francisco and Baltimore were passing laws regulating buildings, often in an attempt to enforce racial segregation through land use—a reminder that zoning’s history is as much about control and exclusion as it is about safety or order. In 1917, the Supreme Court case Buchanan v. Warley struck down racial zoning ordinances, declaring them unconstitutional ruling that such ordinances violated the Fourteenth Amendment's protection of property rights and freedom of contract, specifically in the context of property sales between white and black individuals.

In 1926, the U.S. Supreme Court upheld zoning in Village of Euclid v. Ambler Realty Co., ruling that local governments could regulate land use to protect public health, safety, and welfare—effectively legitimizing zoning across the United States. From there, Euclidean zoning spread across the country and became the standard model for land use regulation. Unless you’re in Houston, of course—They never got the memo (Houston is the largest U.S. city without formal zoning laws).

The Problem with Euclidean Zoning

Euclidean zoning was designed for order and public health, but it also brought unintended consequences—many of which still shape our neighborhoods today.

Common Drawbacks

• Exclusionary housing: Zoning large areas exclusively for single-family homes pushes out more affordable options like duplexes or ADUs (accessory dwelling units).

• Car dependency: By separating uses, you need a car just to access everyday needs (the grocery store, your job, your church, etc.)—discouraging walkability and transit use. This has been a defining feature in american city development, because of the introduction of the American suburb and its dependency on large high way systems.

• Inflexibility: Want to add a rental unit, studio, or corner store? That might require navigating costly variances or be outright prohibited, depending on the zone.

If you’re a homeowner, builder, or land buyer, these constraints significantly limit how you use your property—sometimes in ways that work against environmental sustainability, affordability, or family flexibility.

The European Influence: A Different Urban DNA

Alternatives to traditional zoning—especially those promoted by the New Urbanism movement—often take cues from European town planning. These older cities were designed for people, not cars, and emphasized compact, walkable, and mixed-use living.

Key patterns from traditional European towns:

• Shops and homes are intermixed

• Narrow streets promote walking and social interaction

• Buildings face the street and define public space

• Neighborhoods include a variety of housing types and income levels

Urban designers like Andrés Duany and Elizabeth Plater-Zyberk drew from these principles to reimagine American development. Their goal: revive the “village logic” of city life—places that are human-scaled, sustainable, and socially vibrant. You can learn more by visiting the Center for New Urbanism.

This vision led to tools like form-based codes and SmartCode, which offer more flexibility and design responsiveness than Euclidean zoning.

Form-Based Codes: Planning by Shape, Not Just Use

Rather than regulating what buildings are used for, form-based codes focus on how buildings look and how they relate to streets, sidewalks, and public space. A café or small workshop might be allowed in a residential block—so long as its form, size, and materials fit the local character.

Form-based codes are ideal for small or historic towns, infill projects, urban revitalization projects, or any place where walkability and design matter.

Pros:

• Supports walkable, mixed-use neighborhoods = less vehicular traffic

• Prioritizes quality of public space

• Allows gentle, incremental development (like ADUs or corner shops)

• Higher density will yield significantly higher tax returns to the town or city.

Cons:

• Requires clear community vision

• Can be harder to implement in sprawling suburbs

• Requires heavy up-front investment in the way of design and infrastructure.

• Often challenges fire department protocols

  
  

SmartCode: A Transect-Based, Region-Wide Strategy

SmartCode is a form-based system that goes a step further by introducing the transect—a planning tool that organizes land by its degree of urbanism, from untouched nature to dense city core. This functions more as a gradient of density allowing for outward and upward growth to occur overtime if necessary.

SmartCode allows planners to calibrate a single set of rules to multiple contexts: rural hamlets, suburban neighborhoods, downtown blocks, and everything in between.

Pros:

• Accommodates a wide range of urban conditions

• Encourages cohesive growth across regions

• Balances ecological preservation with urban development

Cons:

• Requires expert calibration

• Often limited to new developments or comprehensive plans

• Requires meticulous regional coordination to ensure connectivity and accessibility between urban centers.

Comparing the Three: Euclidean, Form-Based, and SmartCode

Feature	Euclidean Zoning	Form-Based Code	SmartCode
Primary Focus	Use (what buildings do)	Form (how buildings look)	Form + Context (urban/rural gradient)
Street Design	Ignored	Prioritized	Built-in
Walkability	Discouraged	Encouraged	Designed-in
Flexibility	Low	Medium–High	High
Best For	Legacy suburban areas	Historic towns, main streets	Comprehensive regional planning

What This Means for Your Dream Home

If you’re buying land or planning a custom home, zoning has real, tangible consequences:

• Can you build an ADU or guest suite?

• Will the design have to follow setback or height limits?

• Can your home face the street the way you want—or include a courtyard?

• Will zoning allow future rental income or flexible use?

• Can you have livestock?

• Can a distribution center or insdustrial plant be developed nearby?

The more flexible the code, the more options you have for design, sustainability, and long-term adaptability. If your city has adopted form-based or SmartCode principles, it may offer more creative and practical opportunities than traditional zoning would allow.

Let’s Walk the Map Together

Zoning can seem like a barrier—but it can also be a tool for smarter design. At Mon.Archi, We help clients understand zoning as a creative framework, not a set of red tape; Always seeking opportunities and understanding the way around obstacles.

Whether you’re envisioning a passive solar home, a backyard ADU, or a site-sensitive infill project, I’ll help you uncover what your site allows—and what it could allow with the right vision.

Let’s talk early, before zoning gets in the way of your best ideas. Schedule your free consultation today!!