O zoneamento ambiental municipal é um instrumento de planejamento da defesa do direito fundamental ao meio ambiente ecologicamente equilibrado, de implementação obrigatória pelo Poder Público Municipal, a ser seguido na implantação de planos, obras e atividades públicas e privadas. Por meio do zoneamento ambiental municipal, o meio ambiente do território é reconhecido. A partir disso, são determinadas suas fragilidades, possibilitando uma avaliação mais qualificada no direcionamento das políticas públicas, sem sacrifícios que representariam uma ruptura da sustentabilidade. O zoneamento ambiental municipal representa a concretização de uma plataforma de defesa do meio ambiente, sobre a qual o plano diretor estabelecerá a política de desenvolvimento e expansão do município. A inter-relação entre os zoneamentos ambientais locais, estaduais, regionais e da União permite a sobreposição desta plataforma de defesa do meio ambiente sobre todo o território nacional, o que resulta em maior efetividade na proteção do direito ao meio ambiente ecologicamente equilibrado. / The Municipal Environmental Zoning is a planning tool regarding the ecologically balanced environment fundamental defense right. Its implementation is a Municipality mandatory duty to be performed in planning operations, general works, and for both public and private activities. Through the Municipal Environmental Zoning, the territorial environment is recognized. The Municipal Environmental Zoning is a way in which weaknesses are then determined, thus allowing a better-qualified evaluation to guide the public policies. This act prevents any sacrifices that could represent a sustainability rupture. The Municipal Environmental Zoning represents the fulfillment of an environmental protection platform, on which the master plan will establish the city's development and expansion policy. The interrelationship between local, estate, regional and national environmental zoning allows an overlay process in this environment protection platform on the entire national territorial level, thus resulting in greater effectiveness, protecting the ecologically balanced environment right.

In the 1980s, very large houses began to replace smaller homes in older single-family zones in Canada's major cities. Protests by residents resulted in more restrictive single - family zoning schedules. In Vancouver, however, houses built as large as zoning permitted had appeared in the late 1960s. This case study traces Vancouver's single- family land use from 1900 to 1990. The intent of Vancouver's original single- family zoning (1930) was to create a suburban landscape. To appeal to European immigrants of the 1950sand Asian immigrants of the 1970s, Vancouver's east-side builders developed a distinctive large house easily converted to include one or more illegal suites. By encouraging this design, zoning amendments in 1974 destroyed the sub-urban pattern intended by the original zoning. In response to affluent Asian immigrants of the 1980s, westside builders constructed larger, more elaborate homes. The city reacted to complaints about the size and design of these houses by amending its schedule in the 1980s to legalize suites, to reduce the bulkiness of new construction and to re-establish the suburban pattern. Local residents do not like the new homes, and many neither need nor can afford them. The research indicates that Asian buyers are outbidding locals for these homes, and locals are dispersing to peripheral areas where homes are more affordable and styles support their cultural traditions. The research suggests that the more compact land use pattern of the 1900s may be more appropriate than land use patterns that have resulted from the city’s original and amended single-family schedule. The research concludes that Vancouver addressed symptoms of the problem but not its cause: a zoning practice that continues to exclude the less affluent from single-family zones. Vancouver needs to espouse a more inclusionary zoning schedule that adopts the compact land use and mixed tenures typical before zoning and preserves the traditions of local residents. Other-wise, the zoning changes may preserve single- family areas for affluent immigrants as the Vancouver market aligns itself with the global market. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

Planning administration in the Western Cape is at a critical juncture. It is faced with having to address planning issues and housing needs whilst at the same time demonstrating through its practices the promotion of environmentally sustainable development. This paper will discuss planning and environmental legislation and the impact that the application of the legislation has on development proposals. Current legislation addresses issues of spacial development in developed areas and new development proposals but lacks the ability to address issues within informal settlements. Although socio-economic factors are not currently considered when assessing the viability of applications, the courts seem to consider these factors. Since new housing settlements are often developed for the poor and industrial developments in close proximity to these areas have direct impact on these individuals, planning could only gain if these factors are taken into consideration.<br /> <br /> If planning administration in the Western Cape is to continue successfully and without endless litigation against the Department of Environmental Affairs and Development Planning administrators will have to find a balance between promoting development and protecting the environment. To promote environmentally sustainable developments will require closer cooperation between the land use planning and environmental management components. The loopholes, which permit incremental development in the present legislation, have to be identified and addressed. Guidelines, which will standardize the conditions under which applications can be approved or refused, will have to be drafted to ensure decision-making that is consistent and defensible. If having a liquor store within an affluent environment is not considered desirable such applications should not be considered within lower income areas. The same should apply when dealing with applications to establish factories or industry which will have an impact on the living conditions of communities in close proximity. The MEC will have to ensure that all decision taken are within the legal framework and that such decisions benefit entire communities and protect the rights of the poorest communities as well as that of the wealthy and influential.<br /> <br /> Environmental legislation and the growing importance of environmental protection is also having an impact on the way in which new settlements are planned and on the rights of property owners. Although, we are responsible for the preservation of the environment for the next generation, socio-economic conditions, HIV and a myriad of other considerations may have to take precedence over environmental concerns.

Until recently, few have questioned the notion that the separation of uses in land use zoning is inherently correct. Many observers of the city are now suggesting that zoning, as it has been practiced in this country over the last 80 years, has created cities that are fractured and function poorly. Others propose that zoning should be reconsidered as a remedy for urban dysfunction. They suggest that the whole notion of zoning be rethought. The purpose of this study is to uncover some of the underlying rationales and methodologies that set the model for zoning. This study examines the rationales behind the classification and location of land use zones in a fast-growing area of Portland, Oregon, for its first zoning ordinance through history, culture, and geography. Between 1919 and 1924, two ordinances were prepared using two very different methodologies. The first of these was designed by nationally known consultant, Charles H. Cheney, using the latest scientific methods. After its rejection in the polls, a second ordinance was developed by a prominent group of realtors in conjunction with the city planning commission using more intuitive methods. This “realtors’ code” (MacColl 1979) was approved by the Portland electorate in 1924. Some fifty years later, the Portland planning commission would identify zoning as having played a significant role in the deterioration of the Buckman neighborhood in the study area. The comparison of the rationales and methods behind the locations of zone boundaries in both ordinances against the locations of actual uses in the study area, reveals the powerful influences of social Darwinism, laissez-faire attitudes, and newly developing social science methods on the association of zoning with the separation of uses and the land use patterns that were created.

Planning administration in the Western Cape is at a critical juncture. It is faced with having to address planning issues and housing needs whilst at the same time demonstrating through its practices the promotion of environmentally sustainable development. This paper will discuss planning and environmental legislation and the impact that the application of the legislation has on development proposals. Current legislation addresses issues of spacial development in developed areas and new development proposals but lacks the ability to address issues within informal settlements. Although socio-economic factors are not currently considered when assessing the viability of applications, the courts seem to consider these factors. Since new housing settlements are often developed for the poor and industrial developments in close proximity to these areas have direct impact on these individuals, planning could only gain if these factors are taken into consideration.<br /> <br /> If planning administration in the Western Cape is to continue successfully and without endless litigation against the Department of Environmental Affairs and Development Planning administrators will have to find a balance between promoting development and protecting the environment. To promote environmentally sustainable developments will require closer cooperation between the land use planning and environmental management components. The loopholes, which permit incremental development in the present legislation, have to be identified and addressed. Guidelines, which will standardize the conditions under which applications can be approved or refused, will have to be drafted to ensure decision-making that is consistent and defensible. If having a liquor store within an affluent environment is not considered desirable such applications should not be considered within lower income areas. The same should apply when dealing with applications to establish factories or industry which will have an impact on the living conditions of communities in close proximity. The MEC will have to ensure that all decision taken are within the legal framework and that such decisions benefit entire communities and protect the rights of the poorest communities as well as that of the wealthy and influential.<br /> <br /> Environmental legislation and the growing importance of environmental protection is also having an impact on the way in which new settlements are planned and on the rights of property owners. Although, we are responsible for the preservation of the environment for the next generation, socio-economic conditions, HIV and a myriad of other considerations may have to take precedence over environmental concerns.