home Audience 4 Zoning of territories of urban and rural settlements. Types of territorial zones. Urban planning documentation. Legal regulation of land use and development in urban settlements

Zoning of territories of urban and rural settlements. Types of territorial zones. Urban planning documentation. Legal regulation of land use and development in urban settlements

Territorial zones

Territorial zones are created on the basis of the functional zones of the master plan; territorial zones specify functional areas, detail and clarify them. Consequently, it is allowed that their boundaries do not correspond to each other.

Each territorial zone has its own urban planning regulations; both the zone and the regulations are marked with the appropriate alphanumeric code.

The Town Planning Code of the Russian Federation established several territorial zones:

Social and business;

Production areas;

Engineering and transport infrastructure zones;

Agricultural use zones;

Recreational areas;

Zones of specially protected areas;

Special purpose zones;

Zones for the deployment of military facilities (Part 1 of Article 35 of the Urban Planning Code of the Russian Federation).

When preparing land use and development rules, it is allowed to create other territorial zones, allocated taking into account the functional zones and features of the use of land plots and capital construction projects (Part 1, 15 of Article 35 of the Urban Planning Code of the Russian Federation).

Briefly, Article 35 of the Town Planning Code of the Russian Federation and Article 85 of the Land Code of the Russian Federation define objects that can be located in a particular zone. In particular, in residential areas it is allowed to place free-standing, built-in or attached facilities for social and public utility purposes, healthcare facilities, preschool, primary general and secondary (complete) general education facilities, religious buildings, parking lots for vehicles, garages, and related facilities. housing citizens and not having a negative impact on the environment. Residential zones may also include territories intended for gardening and summer cottage farming (Part 3 of Article 35 of the Town Planning Code of the Russian Federation).

Each zone can be divided into varieties depending on the specifics of the territory. Varieties, for example, of a residential area can be as follows:

Zh-1. Zone of low-rise buildings with individual houses.

Zh-2. Zone of low-rise mixed residential development.

Zh-3. Mid-rise residential area with 3-6 floors.

Zh-4. Area of multi-storey residential development 5-16 floors.

Zh-5. Area of planned housing.

The town planning regulations written for the Zh-4 zone will be the same for all such zones, no matter where they are located on the territory of the municipality. If there is a need in a specific place to change the regulations, add (or remove) one point of permitted use, then another zone is created - Zh-6. It is also possible to establish subzones, but this is in cases where the types of permitted use remain unchanged and only the maximum sizes of land plots and the maximum parameters of permitted construction change (Part 3 of Article 38 of the Town Planning Code of the Russian Federation).

Zones with special conditions for the use of the territory - security, sanitary protection zones, zones for the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, water protection zones, zones for the protection of drinking water supply sources, zones of protected objects, other zones established in accordance with the legislation of the Russian Federation . Their display is mandatory in the development rules.

However, they can be displayed on special maps, that is, not on the urban zoning map. This was done for better visual perception of information in cases where there are a lot of zones with special conditions for the use of the territory and their boundaries overlap each other and create confusion in the image. For example, on one map you can display only sanitary protection zones, if there are a lot of enterprises, or only zones for the protection of cultural heritage sites (in historical settlements).

It is worth paying special attention to the fact that zones with special conditions for the use of the territory are displayed on maps of land use and development rules. In other words, already existing zones approved in the prescribed manner are recorded. The development rules themselves do not establish such zones. And if, for example, a historical and cultural monument does not have a protection zone approved by the authorities, but has a developed project, then this zone is not subject to display and the monument remains without proper protection; urban planning regulations can be established without taking into account the value of the monument.

Another case. The sanitary protection zone of an enterprise can be specially designed (calculated) for it, taking into account the volume of production, the technologies used, etc. If this is not the case, then the universal zone defined by SanPiN 2.2.1/2.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects” is applied. In the development rules (as well as in the master plan of the municipality) It is impossible to calculate the sanitary protection zones of enterprises; for this it is necessary to prepare a special project.

Thus, the land use and development rules do not independently establish, design or create anything (in relation to zones with special conditions for the use of the territory), except for urban planning regulations written taking into account such zones.

Town planning regulations, as stated in Part 1 of Art. 36 of the Town Planning Code of the Russian Federation, determines the legal regime of land plots, as well as everything that is located above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction projects.

The Town Planning Code of the Russian Federation defines the conditions for establishing town planning regulations, exceptions in their distribution (action), the content of the regulations and other similar issues.

It is important to understand the mechanism of action of urban planning regulations, because the establishment (and entry into force) of regulations directly affects the rights of property owners, the value of this property, as well as investment and construction processes already carried out and planned.

For each land plot and other property, the permitted use is one that complies with the town planning regulations.

Land plots or capital construction projects, types of permitted use, the maximum dimensions and limit parameters of which do not comply with the urban planning regulations, can be used without setting a deadline for bringing them into compliance with the urban planning regulations, except in cases where the use of such land plots and capital construction projects is dangerous for human life or health, for the environment, cultural heritage sites.

1. As a result of urban planning zoning, residential, public, business, industrial zones, zones of engineering and transport infrastructure, zones of agricultural use, recreational zones, zones of specially protected territories, special purpose zones, zones of military installations and other types of territorial zones can be determined.

2. Residential zones may include:

1) zones of development of individual residential buildings;

2) development zones with low-rise residential buildings;

3) development zones with mid-rise residential buildings;

4) development zones with multi-storey residential buildings;

5) residential areas of other types.

3. In residential areas it is allowed to place free-standing, built-in or attached facilities for social and communal purposes, healthcare facilities, preschool, primary general and secondary (complete) general education facilities, religious buildings, parking lots, garages, facilities related to residence of citizens and not having a negative impact on the environment. Residential zones may also include areas intended for gardening and summer cottage farming.

4. The composition of public and business zones may include:

1) zones for business, public and commercial purposes;

2) zones for the placement of social and public utility facilities;

3) service areas for facilities necessary for production and business activities;

4) public and business zones of other types.

5. Public and business zones are intended for the placement of healthcare facilities, culture, trade, public catering, social and public utility purposes, business activities, secondary vocational and higher vocational education facilities, administrative, research institutions, religious buildings, and parking lots for vehicles. , business and financial facilities, and other facilities related to ensuring the livelihoods of citizens.

6. The list of capital construction projects permitted for placement in public and business zones may include residential buildings, hotels, underground or multi-story garages.

7. Production zones, engineering and transport infrastructure zones may include:

1) communal zones - zones for the placement of communal and warehouse facilities, housing and communal services facilities, transport facilities, wholesale trade facilities;

2) production zones - zones where production facilities are located with different environmental impact standards;

3) other types of production, engineering and transport infrastructure.

8. Production zones, engineering and transport infrastructure zones are intended for the placement of industrial, municipal and warehouse facilities, engineering and transport infrastructure facilities, including structures and communications of railway, road, river, sea, air and pipeline transport, communications, as well as for establishing sanitary protection zones for such facilities in accordance with the requirements of technical regulations.

9. Agricultural use zones may include:

1) zones of agricultural land - arable lands, hayfields, pastures, fallow lands, lands occupied by perennial plantings (orchards, vineyards and others);

2) zones occupied by agricultural objects and intended for agriculture, dacha farming, gardening, personal subsidiary plots, and development of agricultural objects.

10. The composition of territorial zones established within the boundaries of settlements may include zones of agricultural use (including zones of agricultural land), as well as zones occupied by agricultural facilities and intended for agriculture, dacha farming, gardening, development of agricultural facilities appointments.

(as amended by Federal Law dated December 18, 2006 N 232-FZ)

(see text in the previous edition)

11. Recreational zones may include zones within the boundaries of territories occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, beaches, as well as within the boundaries of other territories used and intended for recreation, tourism, physical activity culture and sports.

12. Territorial zones may include zones of specially protected areas. Zones of specially protected areas may include land plots that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other particularly valuable significance.

13. Special-purpose zones may include zones occupied by cemeteries, crematoria, cattle burial grounds, consumer waste disposal facilities and other objects, the placement of which can only be ensured by allocating these zones and is unacceptable in other territorial zones.

14. Territorial zones may include areas for military installations and other special-purpose zones.

15. In addition to those provided for in this article, the local government body may establish other types of territorial zones, allocated taking into account functional zones and the characteristics of the use of land plots and capital construction projects.

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The main territorial zones, which are indicated in the Land and Town Planning Codes of the Russian Federation, are residential, industrial and regional. But in fact, a number of other zones are being formed according to various characteristics.

Functional zoning

Functional zoning of urban areas and settlement lands makes it easy to take into account the requirements for the most rational land use. This includes regulatory parameters such as the intended purpose of the site, its possible maximum dimensions, the development coefficient, the proportion of open spaces and landscaping. The city territory is divided into zones depending on the nature of use.

The territory of settlement lands is zoned as follows:

· land plots occupied by housing stock and engineering infrastructure facilities of the housing and communal services complex;
· land plots provided for housing construction;
· land plots acquired by legal entities and individuals on the terms of housing construction on them (with the exception of individual housing construction);
· land plots acquired by individuals under the terms of individual housing construction on them;
· land plots provided for private farming, gardening, vegetable farming or livestock farming;
· land plots provided to legal entities for gardening;
· land plots provided to individuals for personal subsidiary farming, gardening and vegetable farming or livestock farming;
· lands within settlements classified as production territorial zones and zones of engineering and transport infrastructures;
· lands within settlements classified as territorial zones of agricultural use.

In addition, each form of life activity of the population - work, everyday life, recreation - puts forward its own requirements for the organization of urban space. The general plan of any city, which determines the development of the city and its main structure-forming elements, presupposes the presence of a land zoning plan. This graphic document is accompanied by an explanatory note that represents the enlarged functional zoning of the territory. This is a kind of framework that determines further development prospects.

However, the master plan is also influenced by changes in socio-economic conditions. This impact has a particularly strong impact on transport and engineering infrastructures. However, territorial economic zoning depends on the cadastral division of the city. Economic zones of the city are distinguished according to their urban planning value. They differ, first of all, in the convenience of living, and therefore in the cost of the facilities.

Territorial-economic zoning

To carry out territorial-economic zoning, a comprehensive economic assessment is carried out, dividing the urban space into territorial-economic assessment zones, which are similar areas with approximately the same qualitative, socio-economic and economic value, limited by barriers (both natural and artificial). This takes into account the presence of reservoirs, green areas, major roads, high-pressure gas pipelines, railway rights-of-way, and high-voltage lines.

Different assessment zones set their own basic rates of land tax and rent. After all, the zones differ in architectural layout, transport infrastructure, engineering facilities, public services, and natural factors. However, from time to time certain factors arise that may affect the valuation of urban land in some assessment zones, which may lead to the introduction of a system of adjustment factors that reduce or increase the base payment rates.

Urban space characterizes urban lands in accordance with the types of activities carried out on them, i.e. with the intended purpose according to the generally accepted classification. There are administrative, commercial, residential, cultural and industrial lands. The organization of urban space depends on the size and shape of the city. In terms of shape, cities are compact, elongated, multi-core and dissected. Sizes are determined by population: small, medium, large, large, largest and millionaire cities.

All this helps to control and rationally use urban space, direct demand, and stimulate development. At the same time, there is control over payments for the use of land and infrastructure elements, and protection of social rights when changing forms of ownership.

Construction zoning.

A residential area may have buildings of different heights. This type of development is most effective. The number of floors of buildings accepted for mass construction depends on the size of the city, the level of development of construction industry enterprises in it, natural features, architectural and design solutions, and economic requirements. The number of storeys of residential buildings is determined on the basis of feasibility studies, taking into account architectural, compositional, social, hygienic, demographic requirements and local conditions.

In large and major cities, residential areas are built up with high-rise residential buildings - 9, 12, 16 and more, since in such cities there is a limited reserve of territory and a high population density. In other cities, the building height is up to five floors, and buildings of nine floors and above are built in exceptional cases. In areas of high seismicity and located at an altitude of 1000 m or more above sea level, the number of storeys of buildings is limited to four floors, and in some cases even two.

In large and major cities, houses with one or two floors for individual use are located in a green suburban area, specially designed for this type of construction.

Until recently, in cities there was a division of the territory into zones with different number of storeys - construction zoning: a zone of multi-storey buildings of five floors or more; zone of 2…3-storey buildings; zone of 1...2-storey buildings with personal plots.

However, technical and economic calculations prove the advantage of mixed development in terms of costs for construction, engineering equipment and landscaping. Currently, mixed development with buildings of various heights is used quite widely. Thus, it is possible to create more expressive and varied ensembles than with a one-story building. Mixed development gives individuality, enriches the silhouette and spatial organization of residential areas and makes it possible to take advantage of complex terrain and reveal interesting features of the landscape. The best ratio of the heights of high-rise to low-rise buildings in mixed development is 1:3 or 1:2. Then high-rise buildings take on the role of accents in the composition of groups of residential buildings and microdistricts.

Along with high-rise buildings of 16 and 24 floors, 4-, 9- and 12-story buildings are being designed in Moscow. However, in areas of low-rise buildings with 4- and 5-story buildings, there is a need to increase its density and improve the efficiency of land use.

In these conditions, it is necessary to increase the number of storeys of the building either by using methods for completing the construction of existing buildings, or by constructing new houses on the site of dismantled ones. This is only possible if such reconstruction does not harm compliance with all sanitary, hygienic and fire safety requirements for neighboring buildings.

The construction zoning scheme of the State Urban Planning Cadastre for the territory of Moscow distinguishes zones of primary and mixed development. In each of them, low-density buildings are distinguished (no more than 5 thousand m2/ha), medium-density (more than 5 thousand m2/ha) and high-density (more than 10 thousand m2/ha). There are six gradations in the predominant development: - 1... 2-storey or no more than 10 m in height; - 3…4-storey or no more than 15 m high; - 5…7-storey or no more than 35 m high; - 8... 10-storey or no more than 50 m high; - 11... 17-storey or no more than 50 m high; - more than 17 floors or a height of more than 50 m.

There are low-rise, low-rise, mid-rise, high-rise, multi-storey and contrasting mixed buildings. Development is considered preferential if the declared number of storeys occupies more than 1/3 of the territory.

Landscape zoning

Landscape zoning is the assessment of large areas and its individual elements using the method of landscape analysis. Functional zoning is carried out on the basis of landscape zoning.

Landscape zoning of urban lands involves dividing the territory taking into account the combination of natural elements of the surface of land plots - relief, soil, vegetation, water bodies, etc. with urban development - buildings, roads, highways, engineering structures and assessment of large areas or individual landscape elements using the method of landscape analysis (assessment of plantings, terrain, slope exposure, presence of viewpoints, identification of potential opportunities for landscape enrichment). Based on landscape analysis, functional zones are determined.

Examples of landscape zoning: technogenic; mining; reclaimed; mining; agricultural; forestry; water management; industrial; landscape of settlements; recreational; reserved.

Urban planning zoning of settlement territories;

Article 35 (town planning code) of the Russian Federation Master plans for urban and rural settlements

1. General plan - urban planning documentation on urban planning for the development of territories of urban and rural settlements. The master plan is developed in accordance with duly approved urban planning documentation at the federal level and the level of the constituent entity of the Russian Federation.

The master plan is the main urban planning document that determines, in the interests of the population and the state, the conditions for the formation of the living environment, the directions and boundaries of the development of territories of urban and rural settlements, zoning of territories, the development of engineering, transport and social infrastructure, urban planning requirements for the preservation of historical and cultural heritage sites and especially protected natural areas, environmental and sanitary well-being.

2. The master plan of an urban or rural settlement determines:

the main directions of development of the territory of the settlement, taking into account the characteristics of socio-economic development, natural and climatic conditions, the population of an urban or rural settlement;

zones of various functional purposes and restrictions on the use of the territories of these zones;

measures to protect the territory of an urban or rural settlement from the impact of natural and man-made emergencies, the development of engineering, transport and social infrastructures;

Master plans for urban and rural settlements contain proposals for establishing the boundaries of settlements, as well as for providing resources for the comprehensive development of settlement territories.

3. The general plan of the city and its suburban area can be developed as a single document based on the conclusion of an agreement between local governments of adjacent territories.

4. The general plan of a city with a population of up to fifty thousand people and the general plan of a rural settlement can be developed together with a project for planning the territories of these settlements as a single document.

5. When developing a master plan for a historical settlement, the historical and architectural supporting plan of such a settlement and projects for protection zones for historical and cultural monuments are taken into account.

6. Master plans for urban and rural settlements are developed and approved by local government bodies of the relevant settlements in the manner established by this Code.

The master plan of the city and its suburban area is approved by the government authorities of the relevant constituent entity of the Russian Federation in the manner established by this Code.

7. The master plan of an urban or rural settlement, before its approval, is subject to publication and agreement with interested federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, specially authorized state bodies in the field of environmental assessment, as well as with interested organizations and the population ( Articles 18 and 28 of this Code).

In the assignment for the development of a master plan for an urban or rural settlement, in order to take into account state interests, a list of federal executive authorities and executive authorities of the constituent entities of the Russian Federation is determined, in agreement with which this master plan is developed and approved.

Urban planning zoning as “...zoning of territories of municipalities for the purpose of determining territorial zones and establishing urban planning regulations.”

Urban planning regulations are those established within the boundaries of the corresponding territorial zones: 1) types of permitted use of land plots and other real estate; 2) maximum sizes of land plots; 3) limit parameters of permitted construction and reconstruction; 4) restrictions on the use of land plots and capital construction projects.

Territorial zoning. Town Planning Code of the Russian Federation in Art. 1 defines zoning as the division of territory into zones in urban planning for the development of territories and settlements with the definition of types of urban planning use of established zones and restrictions on their use. Zoning is carried out through legal zoning - activities of local governments in the field of development and implementation of rules for the development of territories of urban and rural settlements and other municipalities.
According to paragraph 2 of Art. 35 of the Town Planning Code, the master plan of an urban or rural settlement defines zones of various functional purposes and restrictions on the use of the territories of these zones. Information on zoning of territories and town planning regulations of territorial zones is included in the state town planning cadastre (clause 5 of article 54 of the Town Planning Code).
Zoning of territories of settlements determines permitted use of land and other real estate in urban planning, i.e. use of real estate in accordance with urban planning regulations and restrictions on the use of these objects, as well as easements.
Zoning of territories of settlements has two main distinctive features. Firstly, it is associated with urban planning activities. And secondly, the zoning process regulates the construction and use of real estate as an interconnected complex of buildings, structures, structures and the land on which they are located. Thus, territorial zoning -activity relevant authorities in the field of planning urban development activities for the comprehensive regulation of the creation and use of real estate and the use of land by dividing the territories of settlements into appropriate zones.

In Art. 40-48 of the Town Planning Code are defined types of territorial zones and the main provisions of their legal regime.
Thus, in the territories of urban and rural settlements the following types of territorial zones can be established: residential; public and business; production; engineering and transport infrastructure; recreational; agricultural use; special purpose; military facilities, other zones of restricted areas. In addition, local governments of urban and rural settlements, in accordance with local conditions, can establish other territorial zones, as well as include land plots and other real estate in them.
In territorial zones there may be subzones, the features of the use of territories are determined by urban planning regulations, taking into account the restrictions established by the land legislation of the Russian Federation, the legislation of the Russian Federation on the protection of the natural environment, the legislation of the Russian Federation on the protection of historical and cultural monuments, and other legislation of the Russian Federation. Territorial zones may include public areas occupied by squares, streets, driveways, roads, embankments, squares, boulevards, ponds and other objects. Public areas in urban and rural settlements are intended to satisfy the public interests of the population. The procedure for using such territories is determined by local governments.
According to paragraphs 3 and 4 of Art. 39 of the Town Planning Code, the boundaries of territorial zones are determined taking into account red lines, natural boundaries of natural objects, boundaries of land plots and other boundaries. The legal regime established for each territorial zone by the town planning regulations applies equally to all land plots and other real estate located in it. In territorial zones, within the boundaries of which urban planning activities are subject to special regulation, additional requirements may be established for individual real estate objects.
Setting limits. According to paragraph 3 of Art. 37 Town Planning Code restrictions restrictions on the use of territories for urban development activities are also established in the following zones:
zones for the protection of historical and cultural monuments, historical and cultural complexes and objects, protected areas;
zones of specially protected natural areas, including sanitary (mountain sanitary) protection districts;
sanitary, protective and sanitary protection zones;
water protection zones and coastal protective strips;
sanitary protection zones for water supply sources;
mineral deposit zones;
territories exposed to natural and man-made emergencies;
zones of environmental emergencies and environmental disasters;
zones with extreme natural and climatic conditions;
other zones established in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
The purpose of identifying such zones is to determine the type of use of the territories and thereby establish restrictions on their use for urban planning activities. In these cases, restrictions relate primarily to urban planning activities, which, naturally, is reflected in the mode of use of land plots. The establishment of such zones is not zoning provided for by urban planning legislation. The task of the regime in such zones is to limit the rights of persons using land plots for the purposes provided for by law.

Article 35. Types and composition of territorial zones

2. Residential zones may include:

1) zones of development of individual residential buildings;

2) development zones with low-rise residential buildings;

3) development zones with mid-rise residential buildings;

4) development zones with multi-storey residential buildings;

5) residential areas of other types.

4. Included in public and business zones may include:

1) zones for business, public and commercial purposes;

2) zones for the placement of social and public utility facilities;

3) service areas for facilities necessary for production and business activities;

4) public and business zones of other types.

7. Includes production zones, engineering and transport infrastructure zones may include:

1) communal zones - zones for the placement of communal and warehouse facilities, housing and communal services facilities, transport facilities, wholesale trade facilities;

2) production zones - zones where production facilities are located with different environmental impact standards;

3) other types of production, engineering and transport infrastructure.

2. Residential zones may include:

1) zones of development of individual residential buildings;

2) zones of development of individual residential buildings and low-rise residential buildings of blocked development;

3) zones of construction with mid-rise residential buildings of blocked development and apartment buildings;

4) development zones with multi-storey apartment buildings;

5) residential areas of other types.

3. In residential areas it is allowed to place free-standing, built-in or attached facilities for social and public utility purposes, healthcare facilities, preschool, primary and secondary general education facilities, religious buildings, parking lots, garages, facilities related to the residence of citizens and not having a negative impact on the environment. Residential zones may also include areas intended for gardening.

4. The composition of public and business zones may include:

1) zones for business, public and commercial purposes;

2) zones for the placement of social and public utility facilities;

3) service areas for facilities necessary for production and business activities;

4) public and business zones of other types.

5. Public and business zones are intended for the placement of healthcare facilities, culture, trade, public catering, social and municipal purposes, business activities, secondary vocational and higher education facilities, administrative, research institutions, religious buildings, parking lots, objects for business, financial purposes, and other objects related to ensuring the livelihoods of citizens.

6. The list of capital construction projects permitted for placement in public and business zones may include residential buildings, residential buildings of blocked development, apartment buildings, hotels, underground or multi-story garages.

7. Production zones, engineering and transport infrastructure zones may include:

1) communal zones - zones for the placement of communal and warehouse facilities, housing and communal services facilities, transport facilities, wholesale trade facilities;

2) production zones - zones where production facilities are located with different environmental impact standards;

3) other types of production, engineering and transport infrastructure.

9. Agricultural use zones may include:

1) zones of agricultural land - arable lands, hayfields, pastures, fallow lands, lands occupied by perennial plantings (orchards, vineyards and others);

2) zones occupied by agricultural objects and intended for agriculture, horticulture and gardening, personal subsidiary plots, and the development of agricultural objects.

10. The composition of territorial zones established within the boundaries of populated areas may include zones of agricultural use (including zones of agricultural land), as well as zones occupied by agricultural facilities and intended for agriculture, horticulture and truck farming, development of agricultural facilities .

11. Recreational zones may include zones within the boundaries of territories occupied by urban forests, public gardens, parks, city gardens, ponds, lakes, reservoirs, beaches, coastal stripes of public water bodies, as well as within the boundaries of other territories used and intended for recreation, tourism, physical education and sports.

13. Special-purpose zones may include zones occupied by cemeteries, crematoria, cattle burial grounds, facilities used for the disposal of solid municipal waste, and other objects, the placement of which can only be ensured by allocating these zones and is unacceptable in other territorial zones.

14. Territorial zones may include areas for military installations and other special-purpose zones.