What Are Zoning Laws?
Zoning laws are authoritative land use laws governing the regulations of cities and districts. They ensure that land is developed consistently with surrounding properties by minimizing problems of noise, traffic congestion, and adverse effects on property values. Zoning laws promote the health, safety, and welfare of citizens within a city or district, and contain requirements regarding the type of buildings permitted in certain areas, or zoning districts, of the jurisdiction. Authorities indicate the predominant land use of a district over time through zoning ordinances. Zoning laws divide cities and districts into residential, commercial, or mixed-use districts , and also designate the intensity of development. Zoning ordinances cover topics such as types of buildings (e.g., single-family residential, multi-family residential, or commercial), size of buildings, number of stories in buildings, and types of businesses permitted in a district. For example, a city zoning ordinance might restrict the height of buildings in an area to two stories. Zoning is also used by jurisdictions to control where buildings are placed on a lot and the size and location of accessory structures in relation to the principal structure. A jurisdiction may, for instance, limit the distance between a principal structure on a lot and an accessory dwelling unit, or reduce the size of an accessory structure.
Types of Zoning That Affect Schools
The most common types of zoning involve residential, commercial, or educational properties. Residential zoning ordinances are generally geared towards controlling the characteristics of the community. Some common types of restrictions seen in these residential zones, or districts, include permitting a single home on a lot, controlling the height of homes, or providing for a minimum amount of land required by each resident. Generally, in residential zones, schools can be built, but tend to be limited to private schools, as zoning for public schools will require a variance and the consideration of the local zoning board.
Commercial zoning ordinances establish parameters for development of commercial properties. These zoning codes allow for multiple types of uses, as their purpose is to provide space for goods and services, and not a specific type of service. With respect to the development of schools, zoning codes can provide for alternative methods of development than are usually present for residential or other codes.
Educational zones are zoning codes that are drafted exclusively for schools, and not necessarily based on other considerations within the community. These codes can provide for the development of schools in areas where schools would otherwise be tough to develop. For example, educational codes will allow schools to be built in a residential zoning area even if the code does not permit the development of a home.
Zoning Laws that Most Affect Schools
Depending on the zoning regulations for the district where the school is located, the requirements can vary. Some key zoning regulations are as follows: Minimum Lot Size and Building Codes: Many jurisdictions require schools to maintain a minimum lot size. The minimum lot size may be much larger than for other types of buildings. There may also be restrictions on the number of students and parking spaces depending on the size of the lot. The lot size and number of parking spaces could make maintaining an older building economically infeasible.
Distance from Other Buildings: States will often require schools to be built away from certain types of buildings. For instance, schools may not be able to be built too close to a bar, tavern or liquor store. Oftentimes, the distance required between the school and the liquor establishment is 2,000 feet. Other jurisdictions may not allow schools to be built near adult entertainment business. It is important to note the distance required for your particular state regarding these types of buildings.
Distance from a City Structure: If you purchase land on which to build a new school, you need to be aware of any city structures in a certain distance of the property. A structure for this purpose can include a city hall, courthouse or administrative building. The distance to be enforced by the state can prohibit a new school from being built within a certain distance to the city hall or other administrative structures. The distance can vary depending on your state. Clear Zone: The clear zone requires a certain amount of land cleared around the boundaries of the property to maintain safety for students and the general public. For example, if the property is near a church, there may be a certain requirement for the clearance zone from the church and its parking lot.
Common Zoning Law Issues for Schools
Schools often face challenges in the land use development process. Challenges include the limits on expansion when schools are situated within a zoning district requiring a special use for the school or educational institution. Often, districts require a special use permit even for the addition of temporary classrooms or relocation of classrooms to a different area of the school building. And, when a school site abuts a residential zoning district, the school may be required to comply with more stringent setback requirements and other dimensional standards. Finally, if the expected student population is expected to exceed the limits for students in the elementary, middle or high school divisions, the school may be precluded from establishing a new school, or obtaining approval to expand to meet the school population.
How to Deal with Zoning Laws When Opening a School
Navigating the complexities of zoning laws can be a daunting task for anyone seeking to establish a new school. However, by understanding the key steps and considerations involved, you can efficiently navigate the process and ensure a successful outcome.
The first step is to determine the applicable zoning laws for the intended location of the school. This may involve consulting with local planners or zoning officials to identify the specific zoning district in which the property is located, as well as any restrictions on the types of uses permitted within that district. Understanding these restrictions is critical to determining whether a new school is permitted as a matter of right, or whether a special use permit or other approval is required.
Once you have a clear understanding of the zoning restrictions that apply, the next step is to identify and obtain any necessary approvals and permits. This may include applying for a special use permit, rezoning the property, or obtaining a variance from any applicable zoning requirements. The application process for these approvals can vary greatly depending on the jurisdiction , so it is important to carefully review the requirements and recommendations for working with your local zoning office.
In addition, it is important to be aware of any impact fees or other monetary obligations associated with the establishment of a new school. These fees can vary widely depending on the size and scope of the proposed project, and may include fees for road and infrastructure improvements, public safety services, or other community services. It is important to budget for these expenses when planning for the construction and operation of a new school.
Finally, it is important to monitor the progress of the zoning and permitting process to ensure that all necessary approvals are obtained in a timely manner. This may involve attending public hearings, submitting additional materials or documentation, or negotiating with local officials to secure the necessary approvals. By being proactive and building a strong working relationship with local planners and officials, you can navigate the zoning process with relative ease and ensure a successful outcome for your new school.
Case Examples on Zoning Laws and School Construction
Among the most significant examples highlighting the impact of zoning on school development is the City of Boston’s attempts to site the Boston Arts Academy. Located in the Fenway Arts District, the Boston Arts Academy was created in 1998 to train students for careers in the arts. It first based itself in building located at 127 Mountfort Street in an apartment complex’s former laundry facility; however, the condition of the building soon caused concern. The school spent time examining various relocation options. Given the popularity of the school, the Boston Public School’s enrollment office received dozens of emails from well-meaning parents sharing various locations in the city where they thought the school could be located. In 2015, the BPS submitted a request for proposal to the real estate community to assist with a site search. After a well-publicized process that resulted in a decision by mayor Walsh favoring a site in the South End, BPS utilized an alternative site selection criteria document to rank and score the top five sites all located either on or bordering Fenway Court. This process was met with wide spread concern from the neighbors who raised concerns regarding transportation, public safety, and parking.
Another good example of how zoning laws can affect the development or relocation of schools are the New York Learning Center and the Renaissance Charter Schools progress to open a new school at the Kingsbridge Armory. Finding the initial site for the New York Learning Center was a triumph after a challenging three year site search to find a suitable location. Initially, they were set to move into a building under construction in the Bronx, but a failed inspection due to construction issues caused the builder to default on the lease. Eventually, the NYC launched a "Request for Expression of Interest" (RFEI) process to gauge interest for occupancy of 5 East 208th Street. They received fifty-two responses which were reviewed by the NYC’s property managers, who selected five respondents to receive further information. After additional process, the NYC accepted an initial offer. Unfortunately for decades, the Bronx had the highest foreclosure rate in the state leading to an extremely high vacancy rate. Despite this, there were concerns from owners of surrounding properties raising the alarm that the NYC would add to the existing problems. Ultimately, the NYC overcame the opposition and the students of the New York Learning Center are served at 5 East 208th Street today.
The Kingsbridge Armory is the largest armory in the world. It first opened in 1891 and was used until 1996 when the National Guard relocated. Since it has been vacant and although the community has made repeated efforts to install a number of developments on the site, they have all failed. For over twenty years, the site has been viewed as an eyesore and a source of negative activity for the surrounding neighborhood. Despite its prime location immediately next to the Kingsbridge Metro North Station, no development has occurred and the buildings remain abandoned. Then, Renaissance charter schools was awarded a contract by the NYC department of education to relocate from its current location to within the Kingsbridge armory. As this was a proposed charter school site, there were no zoning review requirements; however, neighbors expressed concern hoping that this time the long sought after development would be realized. On June 11, 2018, a preliminary plan was submitted to the NYC Department of Buildings.
Future Developments: Zoning Laws and Educational Facilities
The future of zoning and its impact on educational facilities will be heavily influenced by urbanization and the migration of families to cities. As cities become more populated, land use will continue to evolve which will present both opportunities and challenges for schools. One future trend we may see is continued zoning changes to adapt to the changing needs of school districts.
For example, many school districts are now embracing the concept of mixed-use development—integrating educational facilities with commercial and residential spaces. This type of zoning can allow districts to share facilities with the community, while also generating revenue. Such is the case with the Philadelphia School District’s Hillel Academy, which is now co-located with the Grandview, a luxury high-rise condominium that opened in 2016.
Zoning changes may require school districts to take a long view of their plans to incorporate mixed-use development. Schools may have to contemplate more long-term bonds or financing to cover the initial costs of creating shared facilities.
Another potential future trend in zoning for schools is the "verticalization" of education , particularly in urban areas. This could mean building schools in multi-story buildings in dense areas, close to residential and commercial developments. This approach has already been taken by some school districts, such as the Marymount School of New York’s planned 14-story middle school on the Upper East Side.
We may also see an increase in the use of charter schools in mixed-use and mixed-income developments in the future. Some cities have begun to re-think zoning regulations to incentivize local charter schools to occupy empty commercial spaces and retail storefronts. In municipalities with a shortage of classroom space, this type of approach may hold potential for schools to expand to meet enrollment needs.
Overall, the future of zoning laws will continue to play a significant role in shaping the facilities of educational institutions and creating new opportunities for schools to meet the evolving needs of the communities they serve.