BRINGING ZONING UP TO THE AUTOMOBILE ERA

AMONG THE ZONING REQUIREMENTS OF SPACE ACCOMPANYING PARTICULAR USES MUST BE INCLUDED PROVISION OF THE SPACE FOR THE ACCOMMODATION OF THE MOTOR VEHICLES WITHOUT WHICH SUCH LAND USES COULD NOT BE CONDUCTED. A NEW ZONING ORDINANCE OF GARDEN CITY, LONG ISLAND, NEW YORK, ENUMERATES A MUNICIPAL POLICY WITH RESPECT TO OFF-STREET PARKING AND IMPLEMENTS THE POLICY BY SPECIFIC REQUIREMENTS. THE SPECIFIED REQUIREMENTS FOR ONE-FAMILY DWELLINGS CALL FOR ONE SPACE PER LOT WITH PROVISIONS AS TO THE NATURE AND LOCATION THEREOF. THE REGULATIONS FOR INSTITUTIONAL USES PROVIDE THAT THE REQUIREMENTS SHALL BE DETERMINED BY THE BOARD OF APPEALS, WITH ADVICE OF THE SUPERINTENDENT OF PUBLIC WORKS. REQUIREMENTS WITH RESPECT TO COMMERCIAL AND INDUSTRIAL USES PROVIDE THAT THE SPACE BE DETERMINED BY THE BOARD OF TRUSTEES. THE PROVISIONS OF THE ORDINANCE WITH RESPECT TO OFF-STREET LOADING-AND-UNLOADING SPACE PARALLEL THE FOREGOING REQUIREMENTS AS TO PARKING SPACE. THE AUTHOR CONTENDS THAT EVEN IF A FORMULA IS USED AS THE BASIS FOR THE REQUIREMENT OF OFF-STREET PARKING FACILITIES, THIS SHOULD BE SUPPLEMENTED BY THE DELEGATION OF (1) ADMINISTRATIVE AUTHORITY, PREFERABLY TO THE OFFICIAL RESPONSIBLE FOR STREET SAFETY, WITH RESPECT TO THE LOCATION OF DRIVEWAYS GIVING ACCESS TO PARKING SPACE, AND (2) ADMINISTRATIVE AUTHORITY, PREFERABLY TO THE PLANNING BOARD, OR THE BOARD OF APPEALS WITH THE ADVICE OF THE PLANNING BOARD, WITH RESPECT TO THE SITE LAYOUT OF DEVELOPMENTS INVOLVING GROUPS OF BUILDINGS. WITH RESPECT TO PREVIOUSLY ESTABLISHED LAND-DEVELOPMENT PATTERNS, ZONING IS DISCUSSED AS A PALLATIVE. IT IS CONCLUDED THAT ZONING CAN MARKEDLY EFFECT THE QUALITY AND APPEARANCE OF LAND DEVELOPMENT ON THOROUGHFARES OF THE TRADITIONAL PATTERN. THE FOLLOWING ROADSIDE ADVERTISING PRINCIPLES APPEARED TO BE ESTABLISHED: (1) ROADSIDE SIGNS HAVING A PURPOSE OTHER THAN THE IDENTIFICATION OF PERMITTED PLACES OF BUSINESS ARE A SEPARATE FORM OF BUSINESS AND MAY BE DISTINGUISHED FROM IDENTIFICATION SIGNS AND SO MAY BE REGULATED AS SUCH, (2) THE ZONING PRINCIPLE OF CLASSIFICATION ABUSES MAY BE APPLIED AS AMONG VARIOUS TYPES OF BUSINESS USES THAT MAY SEEK ROADSIDE LOCATIONS, SO AS TO PERMIT THOSE THAT ARE APPROPRIATE AND TO PROHIBIT ALL OTHERS, AND (3) THE SHOW-WINDOW NATURE OF THE ROADSIDE JUSTIFIES MORE SEVERE REGULATION OF THE NATURE AND THE APPEARANCE OF ROADSIDE USES THAN MIGHT BE JUSTIFIED WITH RESPECT TO THE SAME OR SIMILAR USES OTHERWISE SITUATED. PROVISIONS OF THE ORDINANCES WITH REGARD TO RESIDENTIAL DEVELOPMENT, DESIGNED DISTRICTS AND AUTOMOBILE PARKING ARE DESCRIBED. A PATTERN OF LAND USE IS ONLY PART OF THE FUTURE COMMUNITY, THE ATTAINMENT OF WHICH ZONING SHOULD SEEK TO FACILITATE. BASIC ELEMENTS OF A LAND-USE PATTERN FOR METROPOLITAN AREAS ARE DISCUSSED.

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Filing Info

  • Accession Number: 00225464
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Jul 28 1994 12:00AM