Design guidelines and the law: History and analysis of design guidelines in zoning ordinances

Abstract

The American public has shown growing concern for the protection of aesthetic values on private and public lands. For private lands, the protection of aesthetic qualities must be coupled with use rights inherent in property ownership under American law. One of the earliest models to protect such values on private lands was the use of "police power" to regulate the appearance of new development in selected districts. This has most frequently been accomplished by including design guidelines in zoning ordinances. This study examines history, relevant law and literature, and the content of design guidelines in zoning ordinances. The content analysis was designed to investigate both design elements and trends over time existed. The findings from the content analysis suggest that the use of design guidelines are increasing for contemporary areas and communities as well as historic districts. Also, that the design guidelines are becoming increasingly specific in the design elements included.