Legal Definitions - cumulative zoning

Cumulative zoning is a type of land-use regulation where zones designated for less restrictive uses (like industrial or commercial) are also permitted to include more restrictive uses (like residential), in addition to their primary designated purpose. In essence, uses from "higher" or more restrictive categories are allowed to "accumulate" in "lower" or less restrictive zones. The typical hierarchy of restrictiveness, from most to least, is residential, then commercial, then industrial.

Here are some examples to illustrate cumulative zoning:

• Example 1: Commercial Zone Allowing Residential

  Imagine a city district zoned primarily for "General Commercial" use. Under a cumulative zoning system, this zone would permit the construction of retail stores, restaurants, and office buildings, which are its primary commercial functions. However, it would also allow for residential apartments to be built on upper floors of commercial buildings, or even standalone residential townhouses, because residential use is generally considered more restrictive than commercial use. The commercial zone "accumulates" the right to include the more restrictive residential use.

  This example demonstrates cumulative zoning because the commercial zone, which is less restrictive than a purely residential zone, permits the inclusion of residential units, which are a more restrictive land use.

• Example 2: Industrial Zone Allowing Commercial

  Consider an area designated as "Light Industrial." While its main purpose is to accommodate factories, warehouses, and workshops, a cumulative zoning ordinance might also permit certain commercial activities within this zone. For instance, it could allow for an office park, a business services center, or even a small cafe catering to the industrial workforce. These commercial uses are generally considered more restrictive than heavy industrial operations.

  This illustrates cumulative zoning because the industrial zone, which is the least restrictive in the typical hierarchy, allows for commercial uses, which are considered more restrictive than industrial uses.

• Example 3: Mixed-Use District with Residential Permitted

  A municipality establishes a new "Urban Core Mixed-Use" district. While the primary intent might be to foster a vibrant commercial and entertainment hub, a cumulative zoning approach would mean that this district, in addition to its commercial and entertainment functions, also permits residential housing, public parks, and community centers. These residential and public uses are typically considered more restrictive than purely commercial or entertainment venues.

  This example shows cumulative zoning by allowing a range of more restrictive uses (residential, public spaces) to be included within a broader, less restrictive mixed-use designation, demonstrating how higher uses are permitted to "accumulate" in lower zones.