FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Chapter I
1.0. Definition of F.A.R/ F.S.I1.1. Significance of F.S.I in Global context.1.2. F.S.I/ F.A.R in developing countries.1.3. F.S.I/ F.A.R and the practices in vogue in Indian Scenario.1.4. Current trends and techniques followed in defining F.A.R/ F.S.I
Chapter II
2.0. Tools and Techniques used in defining F.A.R/F.S.I 2.1. Global Scenario.2.2. Successful models.2.3. Various Algorithms/ Models available in defining F.S.I/ F.A.R.2.4. Indicators/ Variables required to be taken in defining F.A.R/
F.S.I.2.5. Land use Models.
Chapter III
3.0. Master Plan and Development control measures with respect to F.S.I/ F.A.R
3.1. Legal frame work.3.1.1.T.C.P.O norms.3.1.2.UDPFI guidelines.3.1.3.DTCP norms.3.1.4.Master Plan and its relevance.
3.2. Zoning regulations and its implication on defining F.S.I/ F.A.R.3.2.1.Mixed Land use.3.2.2.ResidentialLand use.3.2.3.CommercialLand use.3.2.4. IndustrialLand use.3.2.5.RecreationalLand use.
3.3. Schemes/ programs of Income generation3.3.1.B.P.I.3.3.2.B.R.I.
3.4. Floating F.A.R/ F.S.I and its concepts.3.5. Land Assembling procedures/ Land parcels in major
metropolitan cities.3.5.1.Plot amenities.3.5.2.T.D.R.3.5.3.Accommodation costing.
3.5.3.1. Nagarapalika Act.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Chapter IV
4.0. Formation of Study/ Aim.4.1. Aim.4.2. Objectives.4.3. Methodology.4.4. Scope and Limitations.4.5. Hypothesis.4.6. Synthesizing the information.4.7. Data collection – identification of agencies.
4.7.1.Municipal Corporation.4.7.2. Municipalities/ Local bodies.4.7.3.Cantonment Boards.4.7.4.Corporations/ Notified areas.4.7.5.Panchayat.
Chapter V
5.0. Development and Regulation control.5.1. ULCAR – 1976.5.2. Land Acquisition Act.5.3. National Highway Act.5.4. SEZ/ SPV and its related effects.
Chapter VI
6.0. Identification of case study areas.6.1. Primary sources.
6.1.1.Layouts/ Plot sizes.6.2. Secondary sources.
6.2.1.HMDA.6.2.2.GHMC.6.2.3.Notified areas/ Boards.
6.3. Indices/ Index values w.r.t land use charges.6.4. Land use survey index matrix.6.5. Comparative study of F.S.I/ F.A.R with respect to land survey
index.
Chapter VII
7.0. Data collection/ Analysis.7.1. Population / Density/
7.1.1.Plot size/ Road width/ Open areas.7.1.2.Zoning Regulations.7.1.3.Build up area.7.1.4.Short fall/
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
7.2. Land use Models.7.2.1.Application of land use model to the case study area.
7.3. Algorithms of F.A.R/ F.S.I.7.3.1.Site specific.
7.4. Comparison of Algorithms/ Zoning regulations/ F.S.I in force/ Extent of violations.
7.5. Deriving a mathematical model based on the Algorithms.7.6. Programme…..
Chapter VIII
8.0. Inferences/ Findings.8.1. Case study8.2. Analysis.8.3. Inferences.8.4. Case study/ Local area findings/ Inferences.
Chapter IX
9.0. Strategies/ Application techniques with respect to the study analysis.
9.1. Implementation in Master Plan.9.2. Perspective Plan/ Forecasting.9.3. Rounding to the least decimals to achieve / to overcome the
hindrances.9.4. Feed backs.
Chapter X
10.0. Proposals and Recommendations/ Guidelines.10.1. Local Area/ City specific.10.2. Implementing in NCU at National Level.10.3. At local area level.
11.0. Conclusions.
INTRODUCTION
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
The floor area ratio (F.A.R.) is the principal bulk regulation controlling the
size of buildings. F.A.R. is the ratio of total building floor area to the area
of the plot. For example, if a plot measures 25 cents (approx. 10886 sq.ft)
and the F.A.R. permissible for that area is 2, then a maximum of 21772
sq.ft of space will be permitted to construct in all floors of the building put
together.Town Planning Schemes mandates different F.A.R. values for
different areas. The F.A.R. value, when multiplied with the Plot area gives
us the maximum floor area that can be constructed for a building in the
plot. This is subject to satisfying other conditions such as Parking,
setbacks, access width etc.Various tools are used by for regulating or
guiding the development of our urban areas. The primary objective of
using such tools is the optimal utilization of precious land considering its
use, reuse, misuse, disuse and abuse.
Among various development regulations adopted, Floor Area Ratio (F.A.R.)
is one of the most important one, which regulates the bulk of the built
space. Higher the F.A.R. value, more will be floor area within the same
plot, and higher the pressure on land for infrastructure. Carrying capacity
and development priorities assigned by the plan to each locality are the
major factors which decide F.A.R. that can be permitted in an area.F.A.R.
values mainly determine the density or intensity of development of an
area.
Hence different F.A.R. values are prescribed for different locations in
development plans.In brief; the permissible F.A.R. values are decided in
relation to different inter-related aspects such as adequacy of water
supply, sewerage system, solid waste disposal, road capacity, land
availability, harmony with surrounding developments and other facilities,
amenities and services.
In other words, F.A.R. is a very crucial regulation, which decides the
intensity of development in an area and hence highest care is required in
fixing its maximum allowable limit in different areas.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
F.A.R. as such, will not hinder high-rise developments. But, a reasonable
F.A.R. mandates adequate open area in a plot for high-rise buildings. This
is for the benefit of the occupants of the building, their neighbors and the
public at large.If we go on increasing the F.A.R., the land value will also
proportionately increase. The prices of flats will not come down on
account of increase in F.A.R. alone.
Land is definitely precious and scarce. So, the land and F.A.R. have to be
judiciously used, not abused. Increasing the F.A.R. unscrupulously is
definitely not the prescription for meeting the housing demand for the
increasing population.By increasing the F.A.R., the common man may not
be able to afford decent shelter. Increase in F.A.R. will only increase the
land value, since the buildable space per unit area of land increases.
No investor will have a sustained interest in an overcrowded and choked
city, with falling infrastructure. If only F.A.R. values are optimum, the
growth the city will sustain and will continue to attract more and more
employment-generating projects to our cities.
Construction sector creates employment opportunity. But it cannot unduly
promoted by increasing FAR too unreasonable limits, sacrificing the bright
future of our cities and well being of the citizens. Regulations like F.A.R.
intended for guiding the city to a better future should not be viewed as an
obstacle.
Lot Coverage: The measurement of land use intensity that represents
the portion of the site occupied by the principal building including the
garage and all accessory buildings, but excluding all other impervious
improvements such as sidewalks, driveways, patios, decks and open
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
porches, recreational courts, child play structures, swimming pools, open
gazebos, etc.
AIM:
OBJECTIVES:
SCOPE AND LIMITATIONS:
HYPOTHESIS:
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
METHODOLOGY:
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
FUNCTIONAL METHODOLOGY
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
FLOOR AREA RATIO
INTRODUCTION
The Floor Area Ratio (FAR) or Floor Space Index (FSI) is the ratio of
the total floor area of buildings on a certain location to the size of the land
of that location, or the limit imposed on such a ratio.The Floor Area Ratio
is the total building square footage (building area) divided by the site size
square footage (site area).As a formula: Floor Area Ratio = (Total covered
area on all floors of all buildings on a certain plot)/ (Area of the plot). Thus,
an FSI of 2.0 would indicate that the total floor area of a building is two
times the gross area of the plot on which it is constructed, as would be
found in a multiple-story building.
IMPORTANCE
Only since the last few years, few of the major cities have adopted the
new concept of the Floor Area Ration/ Floor Space Index to regulate
densities and control over crowding in the dwelling units. The FSI limits
the total floor area of the buildings in relation to the plot areas.
For example, a FSI of 1.6 means that the total area of all the floors in a
building cannot be greater than 1.6 times the area of the plot. If all the
floors in a building have the same area, then a building consisting of four
floors will have on each floor an area equals to 0.4 times the area of the
plot on each floor. If the building consists of eight floors, each floor will
have an area of 0.2 times the area of the plot. This provides the architects
and planners full freedom to choose the number of floors that suit the
project in view, provided the total area of all floors does not exceed the
built up area available for the plot under the prescribed floor space index.
It goes without saying that adequate front, rear and side open spaces
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
have to be in relation to the height of the building to ensure good light
and ventilation.
FLOOR SPACE RATIO IN ZONING
The Floor Area Ratio can be used in zoning to limit the amount of
construction in a certain area. For example, if the relevant zoning
ordinance permits construction on a parcel, and if construction must
adhere to a 0.10 floor area ratio, then the total area of all floors in all
buildings constructed on the parcel must be no more than one-tenth the
area of the parcel itself.
A builder can plan for either a single-story building consuming the entire
allowable area in one floor, or a multi-story building that rises higher
above the plane of the land, but which must consequently result in a
smaller footprint than would a single-story building of the same total floor
area. By combining the horizontal and vertical limits into a single figure,
some flexibility is permitted in building design, while achieving a hard
limit on at least one measure of overall size.
One advantage to fixing this parameter, as opposed to others such as
height, width, or length, is that floor area correlates well with other
considerations relevant to zoning regulation, such as total parking that
would be required for an office building, total number of units that might
be available for residential use, total load on municipal services, etc. The
amounts of these things tend to be constant for a given total floor area,
regardless of how that area is distributed horizontally and vertically. Thus,
many jurisdictions have found it unnecessary to include hard height
limitations when using Floor Area Ratio calculations.
Japan has extensively adopted the Floor Area Ratio in the zoning system
since 1970. The evaluation of the adoption is, however, controversial:
some say that it has deteriorated the skylines and building lines in
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Japanese cities; others claim that it has protected the residential
environments.
In addition, 1) Abdicating to floor area ratios (market forces) is the
opposite of aiming a community toward something more than the sum of
its parts. 2) FAR, a poor predictor of physical form should not be used
when the objective is to conserve and enhance neighborhood character.
Whereas traditional design standards (height, lot coverage and setbacks
or build-to lines) enable anyone to make reasonably accurate predictions,
recognize violations, and feel secure in their investment decisions. And
lastly, 3) if FAR is carelessly combined with traditional setbacks,
assembled lots have a considerable advantage over individual lots, which
has a negative effect on fine grained cities and the diversity of ownership.
“FAR” EXPLAINED
A FAR of 1.0
The illustration above shows a Floor Area Ratio (FAR) of 1.0. This simply
means that, if the area of the plot is 100 square meters, then 100 square
meters of gross floor area has been built on the plot. The illustration
above shows a 4-story building covering 1/4 of the site, giving a FAR of
1.0. Four floors of 25 square meters each are built on a site of 100 square
meters.
The reference design for cities is based on a FAR of 1.5. Here are some
ways to get to a FAR of 1.5: 11
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Build a 2-story building on 75% of the site (2 x 0.75 = 1.5)
Build a 3-story building on 50% of the site (3 x 0.5 = 1.5)
Build a 4-story building on 37.5% of the site (4 x 0.375 = 1.5)
It will be noted that a FAR of 1.5 is quite high, although this density is not
unusual in Venice or central Paris, and is considerably exceeded in most
of Manhattan. It requires 4-story buildings and narrow streets with modest
interior courtyards. (Higher buildings would leave more room for streets
and gardens, but buildings higher than 4 stories are not desirable because
they are expensive to construct and unpleasant to live in.)
THE ROLE OF DENSITY AND FLOOR SPACE INDEX
Density is a term which is generally not clearly understood. In a broad
sense, it is a measure of the intensity of land use. It is generally
expressed as the number of persons living on an acre or any other unit of
land, which indicates the concentration of people living thereon. Since a
large number of people living per acre suggest overcrowding, it is
commonly thought that higher densities are evil and lower densities are
desirable. This is not, however, wholly true, and density values should not
in every case be related to the quality of living conditions in a locality.
DENSITY TYPES
Densities are mainly of three kinds. The first, which is called NET DENSITY,
means the number of people per acre of the residential area including
small garden patches, open spaces between buildings, internal roads and
half the width of surrounding roads up to 20 feet. The second, which is
called GROSS DENSITY, means the number of people per acre over the
whole of a defined area which includes public buildings, industrial
buildings and large open spaces, plus half the width of the surrounding
roads. The third is the OVERALL DENSITY which means the number of
people per acre over a large area of the town, affecting its general
economy.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
There is yet another kind of density called TOWN DENSITY which means
the number of people per acre over the entire area of the town,
embracing residential, industrial, commercial, educational, recreational,
transport and other functions. Unusual areas occupied by large quarry
pits, river beds, streams, lakes and vast areas of airfields and military
lands within the town.
DIFFERENT WAYS OF EXPRESSING DENSITY
The housing density is usually expressed in terms of persons per acre. But
it can also be expressed in terms of habitable rooms per acre or as a ratio
of total floor space to the area of the plot or of a major housing
development. It should be noted that a kitchen in a flat is not considered
to be a habitable room. The relationship between persons and habitable
rooms is defined as a measure of Intensity of occupation by persons.
This relates to so many persons per habitable room and/ or so many
square feet of floor space per person. In the preparation of a Development
Plan, the planner must know the size of population to be accommodated
and the land required for the purpose, consistent with the social and
economic structure of the population. The type of accommodation to be
provided has also to be considered at the same time. When these factors
are known, the planner can proceed with his work in a variety of ways to
suit the requirements of the site and the social and economic structure of
the community.
HABITABLE ROOM, FLOOR SPACE INDEX AND THE OCCUPANCY
RATE
It now remains to decide as to what constitutes the most suitable unit of
accommodation. In Western countries, where relationship between room
sizes and functions, family structure and social and economic standards
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
are clearly recognized and well defined, the habitable room is regarded as
the unit of accommodation. But in under developed countries where such
conditions do not exist and where space in a dwelling unit is exploited to
the utmost in response to economic pressure, the habitable room is not
suitable for being used as a unit of accommodation, as it does not convey
any idea regarding the real size of accommodation. In such cases, it is
much better to adopt an exact measure of accommodation which can be
expressed as a ratio of the total floor area to the area of land in use. This
measure of accommodation is called total floor space index in United
Kingdom and floor area ratio in U.S.A. The habitable room concept is
however, useful to determine the floor space index for a locality.
When the floor space index is adopted as a measure of accommodation,
the rate at which the accommodation is to be occupied by people has to
be decided upon. This rate is called the occupancy rate, which means so
many square feet or floor space per person.
The occupancy rate is a good means to control density of population in
combination with the floor space index under normal conditions. But this
rate varies from 12 to 150 Sq.m per person depending upon the economic
– conditions of the people and the available volume of housing. It can help
only to a certain extent to decide the density of population at the planning
stage. So long as housing is in short supply, overcrowding in dwelling
units is bound to occur. The Municipal Corporation of Greater Mumbai,
under section 379A of the Municipal Act, considers a dwelling unit to be
overcrowded if the occupancy rate of 25 sq.ft per person is not
maintained. This rate is rather low and should not be less than 50 sq.ft per
person, but looking to what is ideal and what can be achieved on a
realistic basis, and considering the backlog of housing, it is the utmost
that can be realized for many years to come.
There are many countries in the world, particularly in Asia and Africa,
where even this occupancy rate is not attainable. For instance, many
housing developments in Hong Kong have an occupancy rate of 24 sq.ft
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
per person or even less. The right approach is to manage with what is
possible at the moment and to raise the standard as economic conditions,
because a very optimistic view in this respect is most likely to result in
failure and negation of controls intended for reduction of overcrowding in
the dwelling units.
While on this topic, mention may be made of another method of
determining the occupancy rate based on a different concept. It is based
on the number of persons to be accommodated per habitable room, which
is a variable factor, because the areas of habitable rooms can vary
considerably and provide for occupancy rates which can be between 25 to
150 sq.ft. or more, per person, depending upon the social and economic
status of the occupier. This method is therefore likely to cause confusion,
unless exact data on the social and economic structure of the population
is available to the planner. In Bombay today, the number of persons per
habitable room varies between 2 ½ to 10 persons in the case of middle
and low – income group families respectively. The habitable room
generally does not exceed 120 sq. ft. in area.
METHOD OF DETERMINING THE FLOOR SPACE INDEX
A layout of a representative area of 25 to 30 acres is prepared on the
basis of the density adopted in the light of the experience of the planner.
This determines the size of the population.
The number of persons that have to be accommodated per habitable
room consistent with the rent paying capacity of the would be occupants
and in consonance with healthy living conditions is then assumed on the
basis of building plans prepared for the purpose. This figure may vary
from 1 to 2.5 persons per habitable room, for different localities, or
portions of the same locality, depending upon the income group to be
accommodated. Dividing the total population figure for the layout by this
number gives the total number of habitable rooms that could be built in
an area.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
On this basis of the studies made during made during the preparation of
the layout and the designs of the buildings, the area required by a
habitable rooms in the building which may vary from 25 to 50 Sq.Yards or
more per habitable room, depending upon the size of the room. It has to
be understood that this figure takes into account other ancillary areas in
the building, wall thicknesses, etc., multiplying the total number of the
habitable rooms by the area required per room, gives the total floor area
of all the residential buildings in the layout. By dividing this total floor area
by the total residential area of the land in the layout, the floor space index
for the area is obtained on a realistic basis.
The three figures illustrate graphically what happens when development
of a site tales place on the principle of the floor space index, which allows
considerable freedom to the architect to plan according to the needs of
the clients.
For easy comprehension, the site is shown divided into 64 squares. The
floor space index is assumed as 1. This means that the cumulative built up
area on all floors cannot be permitted to exceed 64 squares.
(I) 32 squares are built per floor, so that two floors are
necessary to utilize the permissible buildable area (32 X 2
= 64).
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
(II) 16 squares are built
per floor, so that four floors are necessary to utilize the
permissible buildable area (16 X 4 = 64).
(III) 8 squares are built per floor, so that eight floors are
necessary to utilize the permissible buildable area (8 X 8
= 64).
It will be noticed that the surrounding open spaces become wider as the
height of the building increases in a correspondingly lesser floor space
index for the gross area. This method is useful to determine the
population of different wards of a city and also its total population, at a
decent standard of living. It is obvious, that different areas in the city have
to adopt different floor space indices, as a result of the various density
levels adopted to cater to the needs of different income groups.
RUDIMENTARY AND RECENT TRENDS IN DENSITY VALUES
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
In the early days of planning in Europe at the beginning of the 20th
century, net densities adopted for new developments were very low, viz
35 to 40 persons per acre. This type of development provided individual
houses with gardens and recreational open spaces and parks on a
generous scale. By their very nature, such developments were of a
sprawling type which lacked urban character. This resulted in forcing the
inhabitants to cover long distances to reach the place of work and centers
of recreation and amusement. This defect was realized with the passage
of time and net densities as high as 80 to 100 persons per acre were
adopted. In India net densities of the order 100 to 150 persons per acre
were considered normal, in urban areas as planned developments of
reasonably large chunks of land at these densities ensured the provision
at all amenities required on a reasonable scale.
With the rapid growth of urbanization in the last two decades and
phenomenal increase in the population of towns and cities, planners gave
a second thought to the problem of density, as the need was felt to
accommodate more and more people in towns and cities. It was found
that if large areas were laid out and high and medium rise buildings
covering 10 to 15 percent of the land were built, the livability of the site
was assured to a great extent even by adopting net densities as high as
3000 to 350 persons per acre. In such cases 1 to 1.5 acres of open spaces
could be provided in local developments per 1000 population out of 4
acres per 1000 on the city wide basis. People could then live fairly close to
the place of work and centers of cultural activities and an improvement in
the mode of urban life could be affected.
During the preparation of development plans for towns having
enlightened and alert citizens and citizen groups, compact as against
sprawling town plans are to be preferred as low, density developments
tend to reduce easy and quick accessibility to various parts of the town
and there is often the risk of under-use of facilities such as shops, schools,
places of amusement, cultural centers, etc., because of the longer
distances required to be covered to reach them.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
THE FAR EFFECT ON LAND VALUES
One of the factors that influences open – market value of land in
metropolitan cities is Floor Area Ratio (FAR). A TRF research study
commissioned by the Madras Metropolitan Development Authority
observed in its October 1991 report that: some professionals and
developers claim that FAR should be increased because of high price of
land.
If their argument is accepted, the price of land will increase further
because the developer calculates the price for which he can sell his
completed development, from this he deducts the construction costs, his
profits and other expenses and offers the remaining amount for the land.
The TRF study included a sample calculation for Madras city to
demonstrate how a small increase in FAR adds to his (builders) profits
encouraging speculation and concluded that increasing FAR from 1.5 to
2.0 (33%0 the cost of land increased in FAR will result in the developers
preparedness to offer a much higher price to the land owner. The report
suggests in case of preparedness to offer a much higher price, the FAR
should be minimum to check further increase in population density.
The TRF report did not go further, but the situation can be viewed in
another way from the viewpoint of the land owners. Whenever in the past
governments and local authorities announced an upward revision of FAR,
the next day the land owners hiked the prices of land with the argument
that the developers/ purchaser is now going to get more out of the same
land. It is thus difficult to explain how a builder who will buy land at an
increased price after such an announcement, will gain in any manner from
FAR increase.
THE FAR EFFECT ON DEVELOPERS
In metropolitan cities, large developers (Urban Development Authorities
not excluded) often hoard vast amounts of land. When the government
increases FAR limits, it benefits only large developers; and that too only
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
on amount of land purchased by them before the enhancement. It should
not logically benefit smaller developers who are more in number. The
small developers gain arising from an increase in FAR is difficult to
understand as any direct benefit to real estate developer due to a
reduction of pressure on agricultural land.
But as in most trades, it is the large developers who control the
developers associations. Thus entire developers lobby, fights for the
transitional gain of a few seeking to reward them for having held large
extents of urban land.
EXTREME POSITIONS
In reality there is almost no public debate in India on the issues
concerning urban density policies, of which FAR is one of the tools. There
are hardly any scientific studies on this subject in the Indian context,
except the 1988 report of the National Commission on Urbanization which
argued that “net residential densities”, as high as 1000 persons per
hectare can be achieved well within the FAR limits of 1.5. It must be
acknowledged that private developers contribute substantially to housing
supply in India. They play an important role in society and their
expectation of legitimate profit is fully justified.
The routine insistence if official agencies on low FAR and the constant
appetite of developers for extra FAR, both do not seem to be based on
well defined logic. Positions taken by different interest groups on the FAR
issues are on ideological lines, at times bordering on fanaticism.
FACTORS DETERMINING FAR
The National Building Code 1983 mentions the following factors that
determine the specifications of FAR:
a. Occupancy (residential, commercial, etc.,)
b. Type of construction (building materials, fire rating structure, etc.,)
c. Road width and traffic volumes
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
d. Vehicle parking facility
e. Fire fighting capability of city authorities
f. Standards of existing water supply and sewerage.
The accompanying tables provide a comparative picture of prevailing FAR
norms in few major cities for different lo sizes. For different occupancies
and locations, maximum permissible FAR in Indian cities ranges from 0.50
to 2.00 in the normal courses. In the prevailing regulations, the factors
like occupancy, location central or peripheral plot sizes and road width are
most commonly relied upon. The consideration for levels of infrastructure
is attempted only in few cities, where for different parts of the city,
different FAR is specified.
FAR AS A POLICY TOOL
In Mumbai and Madras, and to some extent in Delhi, a higher Floor Area
Ratio is offered in the central areas compared to the suburbs. In
Bangalore and Hyderabad, the case is just the opposite. If Floor Area Ratio
norms are to be used as a tool for decongesting the core city then the
building trade must be attracted to the outskirts by granting FAR in such
location as implied by the TRFMMDA study.
The National Building code 1983 has addressed the question of Floor Area
Ratio primarily with reference to fire safety and recommends unlimited
FAR for certain occupancies based on fire rating. A revision to the code
may be needed in order to specify FAR norms taking into account the
other factors stated in the Building Code. The code however indicates that
FAR is matter of choice as long as the commensurate standards of safety,
environment and infrastructure are met with.
PRICING OF FAR
Going by the fundamentals, the difference between a 2000 sq.m site, built
with 1.5 FAR, and a similar site built with 3.0 FAR is that the second one
may have 60 flats of 100 Sq.m each as against 3.0 in the first case. To
begin with, the choice lies with the flat purchaser. No builder will ever
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construct an apartment complex with 60 flats on a 2000 Sq.m site if
buyers reject it as a congested building, no matter what the Government
regulations specify.
The report of the National Commission on Urbanization argued that a
higher FAR generally required taller structures with higher specifications
and expensive equipments and installations like lifts and fire
fightingequipments, thereby shooting up the cost of construction per Sq.m
of built up area. We have shown above that any increase in FAR leads to
an increase in land prices. Even if this were not the case, the reduction in
cost of land per Sq.m of built up area due to higher FAR is neutralized by
the corresponding rise in construction cost. This is termed by the
Commission as the crucial trade off.
Apart from the flat owner’s choice of buying one out of the 60 or 30 flats,
it is clear that a street with buildings having 3.00 FAR will need to be
wider since many more people or vehicles will have to use the street over
the same length. The water and drainage lines will have to be of bigger
capacity, though of a lesser length. In streets where the pipelines are
designed and already laid for a low density development allowing a few
buildings with high density, obviously creates problems beyond solutions.
Perhaps higher FAR may work for large scale developments in new
suburbs. Developers intending to take up, say, a 100 acres housing
project in the outskirts may have the option of choosing the FAR
depending on their market assessment and scale ability of flats. With
higher FAR the developers may economize on the except of land (not land
value per Sq.m) but if he builds, say with 4.00 FAR and ten storeyed
buildings, his cost of construction will go up as discussed earlier.
For FAR beyond 1.5, car parking has to be either on multiple floors or on
the streets. In buildings above 13 storeys, fire safety measures are mainly
through very expensive in built devices. Similar but less expensive
equipments are needed for buildings having between 9 and 13 floors. But
below four floors fire safety is generally achieved by way of proper
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
location of staircases and lifts within permissible distances and with
ordinary fire extinguishers. For buildings above 7 storeys, a high speed lift
is needed. Provision and maintenance of a high speed lift is three times
more expensive than a slow moving lift. At a 5 storeys, the construction
cost per Sq.m of space is therefore considerably less than at, say, 13
storeys.
These additional costs are passed on to the purchaser of flats and also
partly to the civic bodies or the fighting departments of the government
and in turn shared by all tax payers. There may be little doubt therefore
that a developer building with say 3.0 FAR must contribute at a higher
rate towards the cost of the city infrastructure than some one building
only with 1.5 FAR.
FREEDOM FROM FAR
In certain quarters there has been a demand in recent times to allow a
free play of market forces in respect of FAR. For this to happen, the
following are pre-conditions:
1. The developers/purchasers of built space must pay for all costs of
infrastructure.
2. It should be possible in the first place to compute all the costs of
infrastructure.
3. There must be a healthy free market without any hidden subsidies.
Few people in India know that since 1993, there are no upper limits on
FAR provision in Hyderabad City. For every location there does not exist a
basic maximum FAR for which a set of fees related are to be paid.
Thereafter, one can ask for any higher value of FAR to be relaxed by
Government provided one is willing to pay a penal amount for every Sq.m
of additional floor area. Thus it is hypothetically possible to seek and
obtain even 10.00 or 15.00 FAR, even though the penal amounts are not
restrictive.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
For instance in the commercial category at the higher end, the penal
amount ranges from Rs.1000 to 2000 per Sq.m of floor area, when one
applies in advance (fixed in 1993 with no revision so far). Against this,
prime commercial built space is being sold in Hyderabad around
Rs.20,000 to 40,000 per Sq.m in December ’96). Thus on payment of a
maximum penal amount of Rs.20000 per Sq.m, it is possible to have
saleable built up space worth Rs.40,000. Presuming that the builders,
profit is only 10% of the sale price, he still stands to gain considerably by
seeing a higher FAR in Hyderabad as long as there are buyers. A free FAR
policy is therefore in force in Hyderabad since 1993.
Why developers do not ask for FAR in Hyderabad much beyond 3.00 is
worth reaching. It belies the simplistic theory that high FAR benefits
builders. A developer has to only cater to market. If people tomorrow
decide to pay a higher price per Sq.m for low density trade will surely
build with low FAR to meet that demand.
Floor Area Ratio (FAR), alternatively known as floor space index (FSI), is
the total floor area one is allowed to build on all floors put together,
divided by the area of the plot. In other words, it is the degree of intensity
of use to which a piece of land is put to generally determining the number
of people that will live on the plot.
THE FAR SIDE OF REAL ESTATE
The market price of land in an urban area depends on several complex
factors, some of which are:
1. Geographical location i.e. distance from the city center, etc.
2. Land use controls.
3. Permissible Floor Area Ratio in different locations.
4. Urban Land Ceiling Act and the areas covered under it within
metropolitan areas.
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There are instances where a centrally located land with a maximum
permissible FAR of 1.0 is more expensive than a land with a 2.0 floor area
ratio located on the outskirts. FAR therefore is only one of the factors
influencing land values.
FLOOR AREA RATIO: INDIAN SCENARIO
FLOOR AREA RATIO: A CRUCIAL ASPECT OF REAL ESTATE
The issue of Floor Area Ratio (FAR) in the real estate sector has always
been a contentious one. FAR is one of the key determinants
for development in the country. FAR in India is low and is considered a
hurdle to construction activities. While the industry has been demanding
an increase in FAR, the question is whether an increase makes sense
without improving the overall infrastructure in the country.
FAR essentially means the limit that is imposed on the amount of
construction in a certain plot of land or location. In other words, it is a
means of controlling building volume in accordance with a previously
developed master-plan for that location. FAR parameters vary from state
to state and are governed by the respective city development authorities.
FAR restrictions are necessary in heritage zones featuring monuments,
and wherever higher FAR would destroy the urban fabric of a particular
area. “This has been the primary area of contention. Lower FAR implies
higher horizontal growth, which is positive in terms of environmental
sustainability but negative in terms of available supply.
Bangalore-based real estate consultancy firm Asipac Projects chairman
AmitBagaria feels that horizontal development definitely has its
disadvantages. “The world realized over 50 years ago that horizontal
development is expensive. Horizontal development has its negatives —
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infrastructure is collapsing, fuel consumption too is growing leaps and
bounds.
There is little doubt that a higher FAR will bring in more supply in the
market, thereby creating room for more affordable housing. “Surpluses
are needed in real estate. We have the funds and the resources. When
surpluses can be created in other areas, then why not in housing?”
There are several advantages can accrue to the sector if FAR is increased.
But what about the infrastructural bottlenecks those act as a major
hurdle? “Typically, doubling the FAR shall reduce the per capita cost on
development infrastructure; however this is not a direct proportion
relation. In India, our infrastructure is yet to cater to current requirement
and hence doubling FAR instantly would put an additional strain on
infrastructure,”
It’s a Catch 22 situation. What is the solution out of this unending
cycle? Experts suggest identifying select areas that have the capacity to
accommodate a higher FAR. “There are a lot of areas where land is not
being utilized and is lying vacant. These can be optimally utilized. Ideally,
infrastructure should be allowed to develop first. But as that does not
happen in India, developing it simultaneously is the only option.”
Developers agree and they feel that a zone or centers of excellence can
be created within which, the FAR can be increased. According to a
company spokesperson of Uppal Housing, such a model can be replicated
in all the cities in the form of a well demarcated area, similar to the
Central Business District (CBD).
“A dedicated wing to study the demand and establishing reforms for FAR
index is highly desired with the increasing demand. The model
specializing in the subject will provide optimum utilization of all re-sources
and can help to get maximum returns.”
In fact, certain states such as Haryana permit IT projects in industrial
areas and offer higher FAR to such projects than is permissible on their
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designated land use, within certain area restrictions. Pune is also an
example. “This is a workable model, pertinent to specific areas that can
accommodate higher FAR without disrupting the social and urban fiber of
a city.”
Of course for the investor, a higher FAR can augur some good times
ahead. It can be the only way to fight price rise and accommodate the
rising demand in the real estate sector. Projects will then be cheaper on a
unit-to-unit basis and also plentiful in profitable areas, which obviously
would be a welcome change. “It can help stabilize land prices, which
ultimately will benefit the common man. A raise in FAR would help in
setting up more affordable houses and control the steep rise in prices.”
The national average of FAR in the country would approximately vary
between 1.25 and 2. And while it may be some time before the FAR could
be increased to desired levels, this debate has at least spruced up efforts
by industry players to think of alternative methods. There is a pressing
need to revise the FAR despite the fact that infrastructure development
poses a major challenge. Hence, government initiatives in improving
infrastructure facilities on a priority basis are the best way to meet
expectations of billions of people from the real estate sector.
INCREASE IN FLOOR AREA RATIO CEILING DEMANDED
NEW DELHI: Hunting for a suitable venue seems to be the most painful
part of getting married. If you are just wee bit late, chances are you will
be stranded with nowhere to go. What can one do when 14,000 weddings
are held in the city in one day?While some feel vacant plots and parks
that are not with the horticulture department should be let out for
weddings, others say that MCD should increase the ceiling on floor area
ratio (FAR) for community centres, baraatghars, and dharamshalas.
"The FAR specified for these buildings is not practical considering that
these specifications were created years back. The city has changed since
then; the population has also grown manifold. Court orders prevent social
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programmes from being held in parks. Only a few can afford to pay for
hotels and banquets halls."
But, "The new building bye-laws are also going to be in accordance with
the Master Plan which specifies FAR and height of buildings in different
areas. MCD cannot change things at its whim."
BUILDING REASONABLE FLOOR AREA RATIO – FAR
Floor Area Ratio (FAR) in Real Estate India is one of the key
determinations for development. It’s considered low in Indian Real Estate
that poses a hurdle before construction activity and makes unaffordable
housing. The norms of FAR needs to be reviewed and revised for the
betterment and effective land use. The increase of FAR would certainly
increase the availability of residential and commercial Property in India.
There is a need of integrated urbanization plan in India Real Estate for the
next 100 years, and accordingly open up enough space for development.
The thoughts and prepositions are moving in for increasing the present
available FAR in the Indian Real Estate market.
Indian Real Estate needs to wake up on the FAR/ FSI norms, to compete
globally we need to increase the present FAR/FSI of 1, 1.5 or maximum 3
to at least 10-25. Asian cities like Singapore, Bangkok, Malaysia, vary
between 5 and 50 FAR/FSI. Even the Apple City of USA – Manhattan (New
York) has the FAR/FSI of about 20.
With more and more Urbanization and Real Estate India developments the
population is moving from rural to urban for better city facilities.
According to survey by TheLandSmiths.com by 2025, over 45% India’s
1.3 billion strong population would be living in town and cities. Higher FAR
is desirable for developing new towns in the future of Indian Real
Estate Industry.
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FAR TOO GOOD: MORE HEIGHT, FLOOR AREA FOR MULTIPLEXES
In a decision that will leave several cinema hall owners (who have
approached the authorities for converting the theaters into multiplexes)
smiling, the UT Administration has fixed the height of multiplexes at 62.3
feet. An additional Floor Area Ratio (FAR) of 50 per cent (taking the figure
to above 2) was also approved.
Most of the existing cinema halls in the city are around 55 feet in height
and have an FAR between 1.5 and 2. The modalities of parking are still
being worked out with the likelihood of allowing two vehicles for every 15
seats.In Industrial Area, the multiplexes and malls enjoy a lower margin —
the Administration has allowed the multiplexes to go up to 100 feet in
height.
“Requests had been consistently pouring in from multiplex owners to
allow them the additional height and FAR. The decision will apply to all
halls that go in for conversion now. A drift from these parameters will be
allowed only if there are special architecture concerns, as in the case of
KC cinema.”
FLOOR AREA INCREASED
While some say the demand for more floors has increased, others
say that it will only convert the city into a concrete jungle
With the Ghaziabad Development Authority (GDA) announcing the
increase of the floor area ratio (FAR) to 2.5, the city is all set to house
more 15 to 17 floor buildings.
The decision has invited a mixed response from the residents. While some
say that the demand for more floor has increased with the changing
times, other say that it is only convert the city into a concrete jungle.
There is a demand for the top floor. The common notion is that
apartments on the tenth floor and above are more secure, and there is
less disturbance and more fresh air. In general owners sold out all 29
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
apartments on the top floors but have few apartments available on lower
floors.
As per the new orders, private developers can now cover 2.5 FAR along
with 50 percent extra constructions that will be allowed after additional
payment. Up to now GDA allowed construction with FAR 1.5 and 33%
additional coverage after payment.
If the FAR has been increased, it means GDA is allowing more apartments
in the buildings but is someone also looking into the green area that will
be mandatory. If the constructions go unchecked, projects in Indirapuram,
that is hot property because of planned development, will fail.
There are others who have sent recommendations to the GDA to either
make it compulsory for builders to ensure earth quake resistant buildings
and provide more green areas.
Mindless constructions should not be allowed merely because of
commercial reasons. Safety should be a concern. The GDA should take its
decision back if they cannot ensure safety of buildings.
In the Trans – Hindon area, the number of high rise buildings has grown in
the past five years in Indirapuram, Vaishali, Vasundhara and Kaushambi.
Compared to Noida, where commercial buildings have FAR as high as five
and residential buildings follow the FAR 2.5, constructions in Ghaziabad
are changing trends.
The GDA, on its part, says that the decision has been taken only after a
high demand for high rise buildings. They have increased the FAR because
of greater demand for high rise buildings. At the same time, no objection
certificates have to be taken from the authority apart from the mandatory
requirement for green area and adhering to building bylaws.
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DDA AGREES TO INCREASE FLOOR AREA RATIO OF HOTELS
With an acute shortage of hotel rooms in the Capital and failing to sell its
hotel plots, the Delhi Development Authority (DDA) has finally decided to
give in to the demand of the hotel industry to increase the Floor Area
Ratio (FAR) of all the existing as well as upcoming hotels.
The DDA sent the proposal to the Urban Development (UD) Ministry last
month for approval
At present 150 FAR is allowed for hotels, the DDA has proposed to
increase it to 22
5. The increased FAR would generate an additional 2,400 rooms in the
Capital.Presently there are 8,500 rooms in the existing hotels. These
include 6,000 rooms in the hotels that have come up on independent
plots. “It is these independent plots that will directly benefit from the
increased FAR.”
FLOOR-AREA RATIO NORMS TO BE EASED IN MASTER PLAN
The master plan for Delhi, to be announced by December, will have
provisions to permit dwelling units on 27,000-hectare agricultural land
that Delhi has in its possession.
The plan will also provide for easier and relaxed floor-area ratio norms for
the city’s vertical development, including provision for necessary no-
objection certificates (NOC) from water and power authorities.
In the new master plan, real estate developers will be given ample
liberties to put up sky scrappers on plots having adequate water and
power, as of now, the government had no plans to permit the hoteliers to
add up rooms to their hotel premises, as it would not solve the problems.
Instead, the government was considering allocating those separate sites
to build new hotels for meeting the growing demand of tourists.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
MAHARASHTRA RAISES FLOOR SPACE INDEX “TO MEET BUDGET
DEFICIT”
Maharashtra increased the floor space index (FSI) ratio in Mumbai’s
suburbs. The new FSI will be 1.33. Earlier the figure was one. The decision,
included in the state budget, brings suburbs on par with the island city
which already has an FSI of 1.33.
FSI is the rate of the permissible developable area on any plot. Developers
will be able to build an additional 33 per cent on a given plot of land in the
suburbs by paying a premium on this additional FSI as per the market
value. “It is a money-making opportunity for the government. Increased
FSI is expected to add Rs 1,400 crores to the state exchequer. Changing
FSI is part of the development plan to be prepared by a planning authority
under the Town Planning Act; not a matter to be dealt within the state
budget.”“Raising FSI will lead to an increase in housing supply.”
GOVERNMENT MAY RAISE FLOOR SPACE INDEX FOR MUMBAI
The Maharashtra government is planning to raise the floor space index
(FSI) for Mumbai from the existing 1.33 to 2.20. Besides, it is also trying to
put an end to the piecemeal manner in which the index is being raised for
various projects. “A team of state government officials and a team of
experts from the World Bank are working on the proposal to have a
common FSI for both the island city and its suburbs. Currently, the island
city has an FSI of 1.33, while in the suburbs it is only one.
The FSI is the ratio of total floor area of a building to the size of the plot. It
indicates the maximum construction allowed on a plot in a particular area.
That is, if the FSI is one and the plot size is 1,000 sqft, the maximum
construction allowed on that plot will be 1,000 sq ft.
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“The current FSI is hardly enough if we have to meet the growing demand
for housing in the city. Nearly 80 sq km area out of total 437 sq km of
Greater Mumbai falls in a no-development zone, which includes national
park, coastal regulatory zone etc.,”.
The state government is also planning to grant an FSI of 4 at the metro
stations and within a radius of 500 meter of them. It has granted a similar
FSI for the Dharavi redevelopment project. The higher FSI is also available
to builders who undertake schemes for slum redevelopment or
rehabilitating the project-affected people.
However, World Bank has objected to the state government's this
piecemeal approach about the higher FSI and called for uniform policy on
it during recent parlays of state government officials and World Bank
experts on Mumbai Makeover program.
MAHA GOVT TO UP FLOOR SPACE INDEX TO 1%
Maharashtra government has decided to increase floor space index from
half per cent to one per cent for constructions in the newly emerging
townships near cities across the state.
The decision to double the FSI for new urban townships has received the
Cabinet nod. The new townships would decongest big cities offering
residential premises to a growing number of urban populations. The
developers in these areas would be charged an extra amount by the
government for the additional FSI which would be utilized for other
projects.
LIMITED FSI ADDS TO LAND SCARCITY
If India’s skyline sans skyscrapers reflects a growing economy, it has also
at the same time added a few limitations as it is by the low Floor Space
Index (FSI) restrictions imposed by municipal authorities of major
metros.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
With land already scarce, and acquisition quite an issue, the low FSI is
compounding matters for real estate builders across India.
The Floor Space Index (FSI) is the ratio of the total floor area of buildings
to the area occupied on the ground. On an average, most Indian cities
maintain the FSI between 1.33 and 3.75, but this is sadly inadequate,
complain builders, as it does not allow them to spread their costs on the
plot of land.
Land prices in India constitute almost 50% of the cost of the property,
whereas it accounts for only 15 -20% of project cost overseas. In New York
where land rates are steep, the government allows a high FSI, enabling
real estate developers to cover their costs and maintain their profits.
India needs to revise its FSI policy in view of steep land costs, and the
commercial and residential needs of a growing economy. Restricting
vertical growth directs all construction activity towards luxury projects,
such as hotels, to cover the land cost. A trend towards multipurpose use
of luxury construction to work around the FSI restrictions has been
observed.
More mixed land use in Indian real estate has recently been noticed as
fallout of the low FSI and high land cost. Hotel complexes in Bangalore
and Noida are found to be housing retail outlets under the same roof to
cover their costs.
Hyderabad recently hiked its FSI to 5 to accommodate the severe space
crunch felt by real estate builders. In Mumbai, the FSI is the lowest in the
world, considering its size and population. This has led to stretching of the
city to far flung suburbs, straining the infrastructure further.
The FSI policy also needs to look into bringing in variations within the city,
rather than maintaining a flat ratio throughout. The crunch is more acute
in the commercial space category, and a higher FSI would definitely give a
boost to the Indian real estate industry.
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MUMBAI HAS LOWEST FLOOR SPACE INDEX, SAYS DEVELOPER
Mumbai has the lowest Floor Space Index (FSI) of 1.33 against an all-India
average of 2.5 to 3. The city needs an FSI of at least five to ease the
shortage of housing, a leading developer said today.
FSI denotes the amount of construction that can be done on a given piece
of land.
In Bangalore the FSI is 3.25, in Gurgaon near Delhi, the FSI is between 2.5
and 4, and interestingly, in Hyderabad or the entire state of Andhra
Pradesh there is nothing like FSI and one is free to construct whatever one
wants.
Even in Mumbai, till the mid 1970s the FSI used to be 4. Nariman Point
was given an FSI of 4. However, the state government started reducing
the FSI gradually from the mid-1970s coinciding with the introduction of
Urban Land Ceiling Act.
But Mumbai needs an FSI of 5 to ease the housing shortage. The
argument that the city does not have infrastructure to meet the needs of
the higher FSI is not valid.Infrastructure can be created by imposing
charges for new development. The reason the FSI is not being increased is
due to lack of political will.
Accordingly, higher FSI is an accepted norm globally. In Dubai, he said the
FSI given works out to between 8 and 34, in Hong Kong; it is between 8
and 20. In Manhattan - New York, it is 30.
MORE STRESS ON THE `CORE' – CASE OF HYDERABAD
The HMDA has embarked on a task more challenging than the preparation
of draft Master Plan 2020 for Hyderabad Metropolitan Region including 35
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
surrounding municipalities. It has now commenced the process of Master
Plan preparation for core city area/Municipal Corporation Area.
A Master Plan essentially lays down regulations for land use, building
norms for environmentally sustainable development. But how does one
plan for the core city that is already congested and bursting at its seams?
Precisely for this reason, HMDA organized a workshop to invite
suggestions for the renewal of inner city. "Planning does not only mean
creating a road map for development of new areas but also to make the
inner city area livable. How to decongest the core area? Can some areas
where population density had gone beyond their holding capacity be
declared no construction zones? How to keep the inner city sustainable
and economically and environmentally viable? All these form part of
planning for core area.
Development of newer areas should never be at the cost of inner city.
Inner city is the soul which should be nourished and amenities be
regenerated even as the urban area expands into hinterlands providing
for a symbiotic relationship between inner city, intermediate city and
urban city.
Slum upgrading, relocation in some cases, traffic redesigning, declaring
some area pedestrian walkways, non-motorized transport, upgrading
capacity of sewerage and water supply, emphasis on preserving art and
culture and sustainable environment to future generations, providing a
place to live, sell and work for poor, using open areas in midst of city as
`haats', provision for night markets for the benefit of vendors are
measures that would meet aspirations of all sections within core city.
FAR ANGLE
As Floor Area Ratio (FAR) acts as lever for construction, FAR permission
should take into account existing densities and infrastructure carrying
capacity. No additional density should be sanctioned in core areas without
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
a detailed planning analysis and public consultations. Efforts should be
made to retrieve lands by public purchase or pooling for strengthening
social infrastructure and civic amenities such as parks, playgrounds,
public toilets, community halls etc., experts suggested.
In other case, it is a step in a positive direction. Developments in the
Central Business district of BandraKurla Complex will get a fillip with the
urban development ministry clearing a proposal by MMRDA to raise the
floor space index (FSI) for commercial properties here from 2 to 4.
A number of corporate are likely to benefit from the state’s decision.
“More FSI would lead to significant corporate investments and improve
the attractiveness of BKC as an investment destination,” “It would entail
creation of additional jobs, which in turn will lead to demand for more
housing and retail in the vicinity. The entire suburban market will be
impacted.”
Increased FSI would also mean better standard of construction and
facilities development, say experts. “BKC has so far lacked in integrated
development. They will now see some kind of integration, convenience
shopping, better parking facilities and food courts.” The increased FSI will
offer opportunities to build different kinds of complexes and several green
buildings would also come up, as increasingly, corporate clients are
demanding a complete working environment and working experience.
“The move will also lead to incorporate high quality facilities, including
security, and automation among other building management systems.”
The additional FSI will be available on payment of a premium prescribed
by the MMRDA and would be a major source of revenue, which the
planning authority would use for mega infrastructure projects, building
flyovers and skywalks. “Given the pressure on land, we need more FSI and
places which have higher accessibility must be provided with higher FSI so
that the land use pattern is efficient.”
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The strategic location of BKC, which will be connected by metro rail,
deserves to have more constructed space and hence higher FSI was
needed. The implications of the move will be seen only after
developments are in place in about three years from now. It will
essentially improve office space supply, which in turn will affect the price
movement too.
Whether existing corporate would choose to utilize the extra FSI would
depend on their individual cost benefit analysis. They would have to
decide whether better efficiencies or better results would come in through
exercise of the FSI, which would entail demolishing the existing building
and constructing a new one.
“BKC will remain a premium destination; many of these buildings were
built in 1996-98 when technology was not as good. These corporate may,
after a cost-benefit analysis, opt to go for larger buildings which are
technologically superior with better amenities like large parking space,
food courts, among others.”
But most corporates will see how feasible it may be to add one or two
floors or an extra wing, provided the design of the building and vacant
space allows for use of additional FSI. Builders however will look to be
utilizing the entire FSI.
It is expected that the four FSI will be utilized by newer plots, which can
factor it in their costs and planning. Certain plots in BKC are still waiting to
be allotted by MMRDA. The additional 2 FSI will not come cheap. “The
government needs money to build infrastructure, hence will not bring
down the price of FSI. There is a strong demand for BKC. Plots have been
auctioned at high prices and rentals are here to stay.”
On a different note, developers feel the MMRDA rates for the additional
FSI at Rs 15,000 per sqft are too high and will not find many takers. And
few others feel, “MMRDA needs to incentivize the extra FSI by selling it at
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
around Rs 7,000 or Rs 8,000 a sqft, which would be more realistic. Only
then would developers or plot owners find it worthwhile to purchase and
utilize the additional FSI.
“Market fundamentals will always be a factor in benchmarking cost. The
surge in rental values, competition between developers will impact FSI
cost. However developers who have purchased BKC plots in the last two
years, when the FSI cost was averaging around Rs 35,000 would still be
able to average out their costs with the present FSI cost.”
More coordination and planning will be required. The builders, who have
already started constructing projects, without making provisions for
additional parking in the basement, will now have to find ways to provide
the requisite infrastructure, while building the extra floors.
Accordingly, there is very little quality infrastructure in BKC, hence they
cannot continue to command high prices in lease rentals. “The enhanced
FSI cannot operate in a vacuum,” “The government needs to look at the
infrastructure roads, power, water supply, security. Unless these are put
in place, higher FSI would be difficult to sustain. Corporates would also
demand better connectivity to BKC from Kurla, Kalina and Dharavi to be
able to move in and out of the area easily in a shorter time frame.”
NEW MHADA POLICY TO PREVENT MISUSE OF FSI
In a bid to shake off criticism that it was granting additional building rights
in an arbitrary manner, Mhada has come out with a new policy decision
that aims to put a stop to the practice of awarding building rights in the
form of floor space index (FSI) on a first-come-first-served basis.
FSI would now be granted equally to low income group (LIG), middle
income group (MIG) and high income group (HIG) constructions that the
housing board undertakes.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
The court’s directions came on a PIL filed by NGO Awaaz Foundation
against Mhada’s policy of granting FSI, especially in the Gandhi Nagar
area in Bandra. According to the petitioners, there was a gross misuse of
FSI and unutilized FSI meant for LIG constructions were given to the HIG
buildings.
Mhada’s affidavit, outlining its new policy that was approved by the
Maharashtra government in October 2007 was submitted to the court by
assistant government pleader G W Mattos. The revised policy would be
applicable with respect to redevelopment of housing colonies, for the
grant of extra FSI to cooperative housing societies, small plots and plots
reserved for recreation grounds.
People from economically weaker sections, who apply for tenements in
LIG constructions, now have a reason to cheer. The new policy has
proposed increase in the carpet area in LIG tenements from 30 sqmts to
45 sqmts.Mhada informed the court that the proposal would be
implemented once the Urban Development Department of the state
approves it.
Giving up the policy of first-come-first-served basis for grant of additional
FSI and equal distribution of FSI would now mean that unutilized building
rights of one group cannot be allotted to another group. However, Mhada
clarified that the housing societies can use Transfer Development Rights
and other FSI for the constructions according to Section 33 (5) of the
Development Control Regulations.
The new policy would be applied retrospectively and cooperative societies
that were already granted additional FSI according to the previous policy
would now have to pay a premium. The amount would be a percentage of
the Ready Reckoned rate of the year of allotment of the FSI, the affidavit
stated.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
In the overall analysis, the additional FSI will in the medium term
have an impact. Nothing will change in the short term, as the
supply is only on paper. We cansee more and different types of
buildings and things should ease out in the next two or three
years. Lease rentals are based on the expectation of economic
growth. Increasingly Urban places will lace cyclical situations in
real estate.
DEVELOPMENT CONTROL AND ZONING REGULATIONS W.R.T FSI/
FAR
Urban management is an essential part of Urban Development. The whole
question of urbanization is complex because of the interdependence of
various factors of which physical planning is the base. Conflict between
the users and providers exist. Users include populations, industries and
commercial establishments while providers encompass policy makers,
planners and authorities. The interaction between two decides the quality
of urban life.
Besides, these most of the urban areas in most countries of world have
witnessed unprecedented expansion. Industrialization and Urbanization
has been responsible for the various problems of transportation, over
congestion, existence of non-and conforming uses on adjacent sites. Thus
Process of development thus becoming more and more complex.
All these are results of not guiding development in a particular direction or
checking the unwanted development by certain public and private
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
developers. Development plans are made to remove these irregularities.
Development controls are an integral part of these development plans.
They aim at regulating development in accordance with land use setbacks
and many other things in a compatible manner.
Development – Definition: Carrying out of building, engineering, mining or
other operations in or over or under land or water or making of any
material change in any building or land or in the use of any building or
land and includes redevelopment and subdivision of any land.
Development Control – Definition and Significance: It is the process
through which development carried out by many agencies, both by public
and private are checked in the benefit of whole society. In the United
Nations report of 1977 it is stated that key elements that comprise
complex urban systems in the less developed countries are (a) physical
factor based on the size and density of the population (b) Functional
characteristics of a place (c) Mixed Land use patterns.
As land is not available in the free market, as a result land prices have
spiraled up to very high ultimately resulting into a high land component in
the total cost of the project.
As it is very difficult to acquire the land which are more than 1000 sq.m,
most of the builders are undertaking small projects and unable to achieve
economy in the construction.
Thanks to a couple of scams in Mumbai and elsewhere, the terms FAR or
FSI are quite familiar to average citizens in India. Few people however
have any idea what a Floor Area Ratio (FAR) of 2.0 actually means on
ground in environmental and economic terms though some may know its
mathematical formula. Public knowledge also includes that the developers
and builders as rule keep asking for higher FAR which the government
keeps opposing, also that the environmental groups religiously make
noises against any increase in FAR.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
The National Housing Seminar’ held in Delhi in October ’96, counted
among its participants a large contingent of real estate developers from
across the country. It passed a recommendation that the Government
should consider giving increased FSI in the growing urban areas so as to
reduce the increasing pressure on agricultural land. One may find it
difficult to understand how this helps the building trade.
AIMS and OBJECTIVES of Development Controls
It largely implements the provision of development plan, the aimed
development and direction of development.
a. Guides development or the use of land and preserve other site
against the intrusion of undesirable development.
b. Curbs misuse of land so that it will not injuriously affect the interests
of the community.
c. Regulates the non – use of misuse of land.
It sets certain trends in the framework of development process which
indirectly help in improving the total environment.
It provides for quantitative and qualitative measures of demand in a
changing pattern of land use.
It helps to secure coordinated development.
Development control rules are generally made to meet relatively static
situations and generally become too rigid in nature. They must cope with
the increase in the population and the complex needs of urban society. It
must be dictated more by social requirements of the community.
Development control is a skilled process, and needs to be treated with
care, with intelligent appreciation and all that it involves. It must not be
forgotten that this tool is available for the betterment of the environment,
for the community and not to meet certain political or special ends. The
success of development control system depends more upon the
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
cooperation and understanding between government and private
enterprise.
Elements of Public Interest which prompt the Use of Development
Control
1. Health
2. Safety
3. Convenience
4. Economy and
5. Amenity
Health and Safety: A strong emphasis on constraints to prevent
conditions injurious or hazardous to the physical well – being or the people
of the community is important. The following criteria are to be achieved:
a. Protection against accident hazards.
b. Provision of adequate daylight.
c. Sunshine and Ventilation.
d. Protection against excessive noise.
e. Protection from fatigue and provision of adequate privacy.
f. Protection against atmospheric pollution.
g. Provision of opportunities for normal family and community life and
protection against normal hazards.
h. Provision for possibilities for reasonable aesthetic satisfaction.
Most of these controls apply to individual and to the broad pattern of land
use and take the form of regulatory measures involved in zoning,
subdivision regulations, etc.
Convenience: It is closely associated with the public interest and
constitutes a third major basis for the exercise of control. Public
convenience is basically a derivative of the location arrangements of land
use and the relationship that each functional use bears to every other
one. Convenience can be judged in terms of home to work, work to
recreation, etc., relationships.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Economy: Economy is a term concerned with public cost implications.
What land use arrangement is most efficient and least costly to the
municipality and to the citizen is the basic concern hero in the exercise of
control. Economy is closely associated with convenience.
Amenity: It refers to the pleasantness of the Urban environment as a
place in which to live, work and spend one’s leisure time. The increased
importance being attached to amenity as a dimension of public health and
mental well being, may well result in a more positive recognition of
aesthetics as a basis for exercise of regulatory control in the future.
TOOLS of Development Control
The most common ones are:
1. Land use control.
2. Sub-division control.
3. Height control.
4. Plot coverage control/ Set back control.
5. Floor area ratio Density control.
6. Building line control.
7. Architectural control advertisement control.
8. Building bylaws or Building Regulations.
9. Zoning.
Land Use Control: This works directly towards the beneficial regulations
of the physical environment through the choice of basically suitable
locations from various uses. It directs private action towards the
achievement of public goals. It allocates the reasonable quantity and
quality of land for each type of use and through this control; the uses
could be grouped and related to one another, so as to avoid the
juxtaposition of inharmonious or incompatible uses. The main aims are to:
1. Maintain proper standards of health, safety, morals and welfare.
2. Avoid the deterioration of general environment which may be due to
a misuse of incompatible uses.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
3. Stabilize the land values and to avoid speculation of land.
Land use control helps to regulate the allocation of different uses such
that the basic requirements of each one of the uses are fulfilled.
Subdivision Controls:Due to increasing demand for plots for erection of
houses, factors and other structures, the owners of agricultural and
vacant lands outside the built up areas of cities sub – divide their lands
into plots and streets and sell them. Sub division regulations give local
authorities powers to exercise control over this land subdivision.
In India, powers for control over land subdivision are available under the
Municipal Act but there is need to frame separate subdivision regulations
so as to specify details standards with regard to road widths, minimum
plot sizes, payment of security deposit, etc., but very few local bodies in
India have framed such subdivision regulations. Such regulations are also
needed in cases of new Industrial townships where the municipal act may
not be in operation.
The basic philosophy underlying subdivision control is that the owner of
the laid being subdivision as house-sites and streets should bear the
responsibility for forming the streets in the prescribed manner and for
setting apart the required public sites for the community facilities. The
local body should not incur expenditure in this regard from its general
funds. It should only be responsible for their maintenance.
There is an obligation, normally under the municipal act, requiring that if
any owner of land utilizes or sells sites for buildings, lay down streets
giving access to the sites. He is required to send a proper layout plan
showing plots and streets to the local authority and obtain its approval
before the sales of the plots. If the land in question falls within the limits
of a planning scheme, notified under the town – planning act, then the
Municipal Council will take into consideration the scheme proposals and
scheme bylaws while scrutinizing the layout application.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
It is desirable that the subdivision plans of owners of adjoining lands
should be coordinated in the interests of proper development of the entire
area and provision of necessary public sites and the proposed streets
should be of adequate width and property integrated with existing street
patterns.
It is also necessary that the subdivision layout plan would be within the
broad framework laid down by the Master Plan with regard to land use,
density and road proposals. In fact, some of the American Planning Laws
specify that sub-division control can be exercised only within the
framework of a Comprehensive Development Plan.
The Municipal act also specifies normally that the streets shown in the
approved layout plan should be properly leveled, paved, metaled, flagged.
Channeled, severed, drained and lighted to the satisfaction of the Council
before the plots are built upon. Thus no license should be granted for
construction of a building on a plot unless the above mentioned conditions
are satisfied. A street shown in the approved layout plan may be declared
as a public street by the Council based on a position sent by the owners of
adjoining plots if it has been formed in the manner specified in the
standards, some of the local bodies collect security deposit, sometimes
referred to as development charge, at the time of approval of subdivision
plan.
Height Control: These are designed primarily to ensure an adequate
supply of Light and Air. They have been used, less successfully for the
purpose of limiting the capacity of buildings to the capacity of streets.
Since much of the street traffic does not originate from the abutting
property and buildings of the same plot. Used for different purposes do
not always generate the same amount of traffic, plot control does not
offer an entirely satisfactory solution to the problem. Regulations are
adopted for the tall buildings because they
1. Cut off the light and air for the neighbors.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
2. Generate increased traffic, as a result of the large number of offices
and shops which they contain.
3. Sometimes overload utilities.
4. Endanger occupants due to fire hazards.
5. Amplify the noise and confusion of the streets.
But in CBD tall buildings are allowed due to high cost of land.
Three principal methods used limiting the height of the buildings area:
1. Maximum feet or meter
2. The number of storey permitted
3. Multiples of street width subject to certain limitations
Some case even angle from street center is used. This is mainly to allow
light. Height controls are also helpful in achieving a particular character of
use zone.
Plot Coverage Control:These along with height regulations help to
check the size and bulk of buildings. Open space which is compulsory to
be left while regulating plot coverage helps to secure sufficient light and
ventilation.
They are usually dependent on factors like:
1. Character and use of district.
2. Size of the plot.
3. Availability of fire services.
4. Special problems of water supply and sewerage disposal.
Generally it is specified by the percentage of total area that may be built
upon.
Set Back Control:These regulations may vary from use to use and area
to area. These are beneficial because they:
1. Afford room for lawns, trees, etc.,
2. Keeps the dwelling away from dust, noise and off the street.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
3. Reduce the hazards, due to space between buildings.
4. Can be used for parking.
These regulations vary depending upon plot size, proportion of plot, use of
district local environment, etc.
Floor Area Ratio Control: FAR is the total floor area of all storeys of a
building to the total area of the plot. This is advantageous because:
1. It can be applied to all types of buildings.
2. It is more flexible than other forms of control.
3. Additions and alterations to existing buildings can be more easily
controlled.
FAR depends upon many factors. The following points are considered:
1. The standard of utility services.
2. Transport and communications.
3. Existing character of development, need for its improvement,
prevailing land values.
4. Standards of social and community facilities.
5. Living space standards.
6. Light, air, privacy, etc.
7. Total land available for development.
8. Maximum desirable population in the planning areas.
Higher FAR is usually for CBD since the land values are higher.
Density Control: This control is of vital importance to the community as
it directly checks the number of persons in the area. Other regulations do
not directly control the number of persons. The factors are:
1. Overcrowding of the population.
2. Congestion in streets.
3. Reduction of fire hazards.
4. Overloading on the utilities, etc.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
The decree of aggregation of population in different settlement gives the
activity patterns and decides the land use pattern and structure of the
settlement. The optimum range of density is very much required for
maintaining the optimum living standards.
Building Line Control: Building lines are established along one or both
sides of a street and thus prevent the creation of any new structure
between the building line and the street. They are established for any one
of the following:
1. For future widening and creation of certain streets and roads.
2. For designing right of ways of certain streets and highways which
are not yet acquired and physically opened.
When a building line lies within the lot area occupied by an existing
structure nothing happens for the time being, but if the owner of that
building tears it down and replaces it with a new structure, he is required
to erect the new building, back of the line.
Architectural Control:The primary objective is to prevent excessive
uniformity, dissimilarity, in appropriateness and poor quality of design in
the extension of buildings. These types of control have gained importance
in cities like Delhi, Chandigarh etc. Architectural control generally includes
façade control but sometimes the frame control may also be exercised to
achieve a particular character. Frame control may be exercised in new
developments where the row houses etc are coming up. This control
required the construction of a frame around each individual to fix his
apertures as may be required by him. Conditions like height of building or
number of floors or proportion of openings may also be specified.
Façade control is exercised by reviewing the plans and specifications for
location and exterior design of all buildings in particular areas. These
types of controls even help in conserving areas of historical importance
like the Charminar Complex at Hyderabad.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Advertisement Control:Control of advertisement is comparatively a
recent phenomenon. The public interest in controlling outdoor
advertisement is not always confined to hazards to public safety but also
aesthetic considerations. Permanent damage may be caused to the entire
city landscape in case a control is not exercised. Posters or hoardings at
traffic junctions may draw the attention of motorists causing accidents.
Usually these controls are exercised on major thorough fares in the city,
public highways, schools, temples, etc.
Advertisement control is much more difficult to exercise than some of the
other controls because in many cases the validity of the same may be
questioned as in the case with some of the western countries.
BUILDING BYE LAWS W.R.T FSI/ FAR
Every locality has peculiarities of its own and with respect to its weather
conditions, availability of materials and labor, other local factors, etc. It
becomes economical to construct residential buildings and other
structures in definite planned way.
Hence, every locality prepares or frames certain rule and regulations
controlling the development of area its command. A Bye law is a law 51
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
framed by subordinate authority. The building codes are defined as the
standards and specifications designed to grant minimum safe guards to
the workers during construction; to the health and comfort of users and to
provide enough safety to the public in general.
The need of enforcing building bye laws by law is quite evident from the
fact that unless prevented by law, the house owners, with profit as the
only motive, will construct residences lacking in amenities and health
conditions.
In the absence of suitable byelaws and machinery to enforce the poor
people will be left at the mercy of well – to – do people.
The importance of building byelaws and to smoothen the work of
government of departments, municipal bodies and other construction
agencies, the national building code or NBC has been published by Bureau
of Indian Standards. It is prepared to unify the building regulations
throughout the Country.
By tradition, the administration of building rules in urban areas of our
country has been the function of municipal bodies. The mention of
building rules brings different images to different persons – to the citizens,
it often symbolizes a source of harassment and corruption; to the elected
councilors, it represents a cause for headache and friction with elected
members; to the building inspector, they are sources of additional income
arid influence in the town, while, to the town planner, they represent an
ideal viz, the orderly growth of towns. Thus in discussing building rules,
we are dealing with very sensitive areas of municipal administration.
However, the fact has been influenced more by enforcement of building
bye laws, municipal acts, and activities of improvement trusts rather than
by implementation of schemes under the Town Planning Acts.
Building rules specify standards relating to structural safety of buildings,
internal dimensions of rooms, light and ventilation, open spaces to be left
on plots around buildings, minimum standards for facilities like kitchen,
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
latrine, bathroom and sanitation. Building rules are applicable uniformly
over all sites within a municipal area. Under the municipal acct, no party
can make a material change in land use without applying in the
prescribed manner and obtaining a license from the municipal body,
which takes into account the building rules and other statutory provisions
while dealing with the building applications. Some of our acts do not make
any reference to the obligation to obtain permission when making
material change in use of buildings. In some cities, the executive officer of
the local body has powers to pass final orders on the building applications
while elsewhere this power rests with a standing committee set up by the
election body. The State Town Planner or in some cases, the appropriate
committee of the local body has powers to grant exception from the
operation of building byelaws in any cases of hardship. Any building
constructed without obtaining permission from the local body or in
deviation from approved plans is treated as an unauthorized construction
by the local body and appropriate action against it through demolition or
prosecution in a court or collection of a compounding fee for overlooking
the offenses.
EVOLUTION OF BUILDING REGULATIONS W.R.T FSI/ FAR
There were no separate Building regulations before 1972. Buildings
regulated through street and building lines and layouts rules given in HMC
Act and MCH layout Rules 1965. Building Bye Laws 1972 came into force
for the first time. Stipulated minimum plot size for various categories
occupancies of buildings; setbacks; coverage; and maximum height of the
buildings; and FAR provisions introduced in the building regulations for the
first time – applicable to only non – residential buildings. Further changes
in the buildings regulations were put forward by various G.Os issued from
time to time.
Andhra Pradesh Town Planning Act, 1920; Building rules form part of the
A.P> Municipalities Act – 1965.
IMPORTANT RULES
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
1. Adequate stability of the buildings.
2. Clean environment in and around the buildings.
3. Adequate standard of healthy life for the inmates of the buildings to
be used as a place of living, work and recreation.
4. The prevention of encroachments and misuse of the lands covered
by the long neglected system of communication like streets, lanes
and the public open spaces.
5. Architects Act – 1972.
TIME LINE
1875 – Public Health Act.
1936 – Minister of Housing and Local Government.
1953 – Series IV (buildings); 1953 edition, issued by the Ministry.
1962 – Town & Country Planning Act.
1965 – Municipal Act.
1972 – Building Regulations.
EVOLUTION
PERIODRULES &
REGULATIONSDESCRIPTION
Prior to 1973
HMC Act 1955MCH Layout
Development control exercised by Commissioner as per provisions of HMC
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Rules 1965
Act, 1955. No separate Building Bye Laws, Layout rules came into force from Jan’66. Buildings regulated through street and building lines and layout rules mainly. Building line ranged from 10’ to 25’. Factories regulated separately under section 517.
May 1973 onwards
Building Bye Laws 1972
Building Bye Laws 1972 came into force. Applied to all areas of city. Stipulated minimum plot size for various categories/occupancies of buildings; setbacks ranged from 3m to 12.2m; plot coverage ranged from 40% to 70% of site area, separate stipulations for congested areas.Completion Certificate and Occupancy Certificate provisions; maximum stipulation of buildings allowed up to 30m. FAR provision introduced for the first time – applicable to only non – residential buildings – ranged from 1.5 to 3.5; detailed provisions of requirements of parts of buildings.
Sept 1975 onwards
G.O. 414 Dt./ 27.09.1975
Statutory Development Plan for city came into force. First zoning regulations based on British T.P. Act 1934 enforced. These ZRs provided for FAR, coverage, plot sizes, permissible height which were in variance with 1972 Building Bye Laws. FAR provisions covered residential buildings too – ranged from 2.5 to 4.0 (commercial buildings). Superseded 1972 Bye Laws provisions in the above aspects as per bye law 70.
Aug. 1981 onwards
HUDA zoning regulations
1981 Hyderabad. Multistoried regulations
1981 and MCH building bye laws 1981.
HUDA ZRs 1981 came into force. This amended and superseded 1965 layout rules, 1972 building bye laws and 1975 ZRs. Comprehensive provisions are statutorily in force till date. Building provisions adaptation 1972 bye laws. Maximum FAR brought down to 2.5 in this. Zoning Regulations made similar to Bombay provisions. Concept of mixed zone (R2) introduced. In conjunction, MCH Building Bye Law – 1981 came into
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
force which contained remaining portions of 1972 bye laws (requirements of parts of buildings, etc.). For the first time multi – storied building regulations 1981 enacted and made applicable for entire metropolitan area. Maximum building height brought down to 25m by amendment. Open spaces around MS building related to height ranging from 6m to 10m. Fire safety, structural safety requirements, etc, introduced. Certain areas in city made prohibited zones for MS buildings.
May 1987 onwards
G.O. 584Dt./ 28.05.1987
FAR provisions revised and brought down. Ranging from 0.75 to 1.5 through said G.O. (merely an executive order) made applicable for all UDAs and municipal areas within the state. In effect overridden FAR values of HUDA ZR 1981 and values prescribed in various ZDPs.
Aug. 1987 onwards
G.O. 708Dt./ 11.08.1987
HUDA ZRs 1981 amended through said G.O. for all small plots up to 400 sq.m with relation to coverage (55% to 80%), set backs (0.75m to 3m) and height (7m to 10m).
Nov. 1988 onwards
G.O. 601Dt./ 05.11.1988
In Banjara – Jubilee Hills areas like minimum plot size of 350 sq.m, minimum access road width of 40’, FAR of 1.0, coverage of 40% and net density of 25 dwelling units.
May 1989 onwards
G.O. 234Dt./ 6.05.1989
FAR enhanced to 2.5 for certain areas through G.O. 234dt. 06.05.1989 (executive order) but did not come into operation (law suspended).
Apr. 1992 onwards
Provisions of S.No. 04 above and G.O. 75 &
76Dt./ 06.02.1992
FAR provisions further revised and graded according to plot size, width of abutting road & category of area – ranging from 1.00 to 2.00. Separate detail provisions for Group Housing Schemes introduced with 1.25 FAR, dwelling density and toilet requirements reduced coverage, uniform graded set backs, etc., Through G.O. 76, building set
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
backs stipulated on plot size and road width basis. This executive order in effect overridden HUDA ZR 1981.
ANCIENT BUILDING RULES
Selected rules and codes according to Manasara or
ViswakarmaPrakasika are:
1. First layout the village, town or city, then plan and build the houses.
2. King should allot sites necessary for all classes of men high, middle
and low.
3. The minimum land required for the low class man – 24’X48’.
4. The minimum land required for the middle class man – 36’X72’.
5. The minimum land required for the high class man – 48’X96’.
6. In no case >50% of the extent of the site shall be built up on.
7. First, plat trees then erect the building.
8. The palace of the king can have seven storeys.
9. The Brahmins – 4 storeys.
10. The Kshatriyas – 3 storeys.
11. The Vaisyas – 2 storeys.
12. The Sudras – 1 storey.
13. The height of buildings in the same street shall correspond.
14. There shall be no deviations from the measurements of
lengths, widths and heights.
15. Open front yards 1/3 wide of plot.
16. Rajamarga not <60’ (10 Dhanus) and Street not < 24’.
IMPORTANCE OF BUILDING BYE LAWS W.R.T FSI/ FAR
57
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
To promote the maximum safety to life, health and property, at minimum
building costs, through education and training of building officials, plans
examiners and inspectors. To create a better public understanding and
appreciation of the proper administration and enforcement of building,
housing and zoning regulations and their importance to the safety,
welfare and prosperity of all citizens.
To improve the professional image of building officials by promoting
standards of effectiveness and ethics in the administration and
enforcement of building, housing and zoning laws through
communication, education and training. To assemble with other
government officials and industry representatives concerned with
building, housing and zoning laws at an annual conference to enable the
exchange if ideas and discuss issues if mutual interests.
To develop, in cooperative with the continuing education systems if State
universities and colleges, courses of instructions and certification of
building code enforcement personnel, to provide professional assistance
and technical guidance to legislative and other government bodies in the
promulgation and administration of building codes and related
regulations.
Importance of structural mitigation to minimize the impact of earthquakes
and adoption and implementation of appropriate byelaws to usher into a
safer built environment. A number of technical experts from the
Government as well as the private sector participated in the deliberations.
58
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
DETAILS OF GOs RELATING TO HMDA (erstwhile HUDA) W.R.T FSI/
FAR
Sl
.
N
o
G.O. No. DATE SUBJECT
0
1GO Ms No. 422 MA 31.07.1998
Municipalities not covered by UDA
areas – Rationalization of Floor Area
Ratio (FAR) and other standards of
building requirements
0
2GO Ms No. 423 MA 31.07.1988
Municipal-Corporations,
Municipalities and other areas
falling in UDAs in FAR & areas –
Rationalization of FAR Book and
other standard requirements.
0
3GO Ms No. 411 MA 27.09.1975
UDA – Declaration of Developed
Area Notification.
0
4GO Ms No. 421 MA 29.09.1975
UDA _ Constitution of UDA –
Nomination of members.
0
5GO Ms No. 575 MA 12.12.2000
Special Area Development Authority
_ HussainSagar Lake and its
environs
0
6GO Ms No. 21 MA 20.01.2001
Declaration of Special Area
Development Authority _ CDA.
0 GO Ms No. 529 MA 25.10.2001 BPPA – Constitution of Authority -
59
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
7 Nomination of members.
0
8GO Ms No. 352 MA
30 – 07 -
2001
Declaration of Special Area
Development Authority 3 – A of
APUD Act – HADA.
0
9GO Ms No. 535 MA 07.12.2002
BPPA – Constitution of Authority -
Nomination of members.
1
0GO Ms No. 312 MA 06.05.1987 Act – Urban Arts Commission.
1
1GO Ms No. 520 MA 18.04.1979
Constitution of committees – Rules
1979
1
2 GO Ms No. 215 HMA 01.04.1977 HUDA – Rules
1
3- - APUD Act, 2001
1
4- - APUD Act, 2000
1
5- - APUD Act, 1997
1
6- - APUD Act, 1996
1
7- -
Amendment – Statement of objects
& Reasons.
60
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
1
8- - APUD Act, 1975
1
9GO Ms No. 111 MA 08.03.1996
Protection of catchments areas of
Himayatsagar& Osman Sagar Lakes
– Recommendations of Committee
constituted by HMWS & SR –
Amendment to GO Ms No. 192, MA,
31.03.1994.
2
0
GO No. 43
(Agriculture & Coop.
Dept.)
07.02.1996
Horticulture & Floriculture –
Measures to be taken for
development of Horticulture &
Floriculture in AP – Clarifying and
declaring floriculture as Agriculture.
2
1
GO No. 143
(Agriculture & Coop.
Dept.)
27.05.1996
Horticulture Dept. – Mushroom &
Tissue culture units – Extension of
facilities given to floriculture units
to mushroom & tissue culture units.
2
2GO Ms No. 414 MA 27.05.1975
MCH – Development Plan and
Regulations.
2
3GO Ms No. 916 MA 11.08.1987 BDA Zoning Regulations
2
4GO Ms No. 528 MA 25.09.1998
Orders – Approval – Layouts and
building permissions.
2 GO Ms No. 292 MA 28.05.1994 Abridged version of ZRs – To reduce
61
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
5 minimum plot size.
2
6
GO Ms No.4
MA04.01.1999 EWS-layout requirements
2
7GO Ms No.541MA 17.11.2000
Construction of buildings over
10mts
2
8GO Ms No.508MA 10.11.2002
MCH-Declaration of major roads-
Impact fees
2
9GO Ms No.15MA 15.01.1998
Road widening-Delegation of
Powers
3
0GO Ms No.36MA 31.01.2002 Tourism projects-incentives-ZRs
3
1GO Ms No.169MA 27.04.2001
IndustrialpolicyFaculties/
Incentives/Conversion-Agriculture to
Commercial
3
2
GO No.611
Industries
GO No.41
Industries
01.12.1986
29.03.1995
Industrial Development
Simplification of procedures
3
3
GO No.78
Industries18.03.1998 Industries-SSIs
3
4
Notification No.
3195/PR/H/200004.05.2000 Major lakes in HUDA area
62
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
3
5GO Ms No.538MA 29.10.2001 Notifying Master Plan of CDA
3
6GO Ms No.51MA 05.02.1996 Rules-HUDA-Amendment-Rates
3
7
Lr.
No.4058/H2/2003-
1MA
17.062003Modifications to Zoning Regulation-
Betterment charges
3
8
Lr.
No.4058/H2/2003-
3MA17.06.2003
CDA- Modifications to Zonal
Regulations/Building Regulations-
Draft variation
3
9
GO Ms No.102MA
GO Ms No.407MA
23.031998
06-09-2002
List of Notified Buildings in
Hyderabad
4
0GO Ms No.542MA 14.12.1995
Regulation of Heritage Buildings
and Heritage Precincts(Rocks)
4
1GO Ms No.416MA 12.081996
Regulations for protection of
Historical buildings-Constitution of
Heritage Conservation Committee
4
2GO Ms No.102MA 23.031998 List of 137 Heritage buildings
4
3GO Ms No.681MA 02.12.1999
Constitution
of Heritage Conservation
Committee
63
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
4
4GO Ms No.407MA 06.09.2002
Heritage Building-Administrative
Building of Central Prison
Musheerabad,Secundrabad
4
5GO Ms No.4MA 02.01.2003 Approval of heritage precincts
4
6GO Ms No.24MA 22.01.2003 Heritage Conservation Committee
4
7GO Ms No.924MA 18.11.2005
Hyderabad Urban Development
Authority ,Hyderabad-Change of
Land Use from Institutional Use
Zone to Industrial Use Zone in Plot
No.117&118,Sy-Nos 7/1,7/2,8,9 and
10,Ward nNo.8,Block No.5,Defense
Colony,Karmanghat
Village,SarornagarMandal,
Rangareddy District to an extent of
1000 Sq.Yards for installation of
Groundnut Crushing Unit-Draft
Variation-Confirmed-orders-issued
4
8
GO Ms No.508 Dated:
20.10.1995
Land-Government Land-
Regularization of encroachment by
way of dwelling houses on
Government lands situated in areas
notified as Urban in 1991 census
and in Industrial Township on
payment of market value-Orders-
Issued
64
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
4
9
GO Ms No.972MA
REVENUE
(ASN.1)
DEPARTMENT
Dated:
the 4th
December
1998
Land-Government Land-
Regularization of encroachment by
way of dwelling houses on
Government lands-Partial
modifications to GO Ms.No.508
Revenue (ASN.1) Department,
Dated
20.10.1995-Orders-Issued
5
0GO Ms No.580MA 17.081982
Urban Development Authorities-
Delegation of powers of
Development control of Municipal
Cooperation-Municipalities-
Instructions-Issued
5
1GO Ms No.154MA
Dated:
06.03.1992
Buildings-Municipalities/Municipal
Cooperation’s/ Urban Development
Authorities-Revision of P.S.I-Orders-
Issued-Further Orders-Issued
5
2G.O.(RT)No.1849MA
Dated:
17.10.1986
Buildings-Un-authorized conversion
of the permitted uses both in
Municipal Corporation and
Municipalities-Prompt and tangible
action not being taken-Detailed
instructions-Issued
5
3
G.O.Ms.No.332HOM
E
(GENERAL A)
DEPARTMENT
1
2thApril,1979
CINEMAS THEATRES-Area
comprising Municipal Corporation of
Hyderabad-Issue of Permission-
Procedure Prescribed-Orders-Issued
65
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
5
4GO Ms No.76MA
Dated:
06.02.1992
Buildings- Hyderabad Urban
Development Authority-Vijayawada
Guntur, Tenali Urban Development
Authority and Vishakhapatnam
Urban Development Authority-
Revision of Standards of Set-backs,
plot coverage etc.- Orders issued
5
5
GO Ms No.97915th
November,2
001
CYBERABAD DEVELOPMENT
AUTHORITY-Delegation of
Development powers to
Serlingampalli Municipality-Orders-
Issued
5
6GO Ms No.526MA
23rd
October,200
1
Cyberabad development Authority-
Appointmentof special officer to
manage the affairs of the
Cyberabad development authority-
Orders-Issued
5
7
GO Ms No.48028.07.1988
Buildings-Gram Panchayat-Issue of
Licenses and permissions and
approvals of layouts by the Gram
Panchayat under Andhra Pradesh
Gram Panchayat Acts and the rules
made under-Certain clarifications-
Issued
5
8 GO Ms No.78
18.03.1998 Industrial Development-Effective
development of Cottage and Tiny
and Small Scale Industries in the
State-Simplification of procedure for
66
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
setting up of Small Scale Industrial
Units-Issued-certain amendments-
Issued
5
9
GO Ms No.108
INDUSTRIES &
COMMERCE(IP)
DEPARTMENT
20th may
1996
INDUSTRIES-TARGET 2000,NEW
INDUSTRIAL POLICY,1995-SCHEME
OF STATE INCENTIVES FOR SETTING
UP OF NEW IINDUSTRIES IN
ANDHRA PRADESH-ORDERS-ISSUED
6
0
GO Ms No.409MA 7th
August,1996
LAYOUTS-Unauthorized and
Panchayat approved layouts falling
under the jurisdiction of Urban
Development Authorities-
Regularization of layouts and
change of land use-Delegation of
powers to Vice-chairman of Urban
Development Authorities-Orders
issued
6
1GO Ms No.4MA
4th January
1999
Economically Weaker Section-
Approval of Layouts/Housing
Scheme-Delegation of powers to
Municipal Commissioners-Orders-
Issued
6
2G.O .Ms No.523MA
25th
September
1986
URBAN DEVELOPMENT
AUTHORITIES-Division of function of
Urban Development Authorities and
Municipal
Corporations/Municipalities-
Instruction-Issued
67
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
6
3G.O. (Ms) No.65MA
Dated:
05.02.1987
Layouts and Sub-division of lands
and land development under the
jurisdiction of Municipal Corporation
and Municipal Corporations limits
and falling under the jurisdiction of
Urban Development Authorities-
guidelines for taking action on the
sub-division of lands made-Issued
6
4G.O. Ms No.912MA
9thSeptember,
1987
ESTABLISHMENT of Satellite
Township in the areas under the
jurisdiction of Urban Development
Authorities of
Hyderabad,Vishakapatnam and
Vijayawada –Guntur-Tenali Urban
Development Authorities-
Administrative Sanctions-Accorded
6
5G.O. Ms No.229MA 16.04.1994
Layouts-Municipal Corporation of
Hyderabad-Amendments to Layouts
rules in respect to layout open
spaces-Orders-Issued
6
6G.O.Ms No.28MA
22nd
January,199
6
HUDA-deletion of 10% of additional
site in layout approvals in change
of land use cases-Orders-Issued
6
7G.O.Ms No.367MA 12.07.1988
LAYOUTS and sub-division of lands-
Land Development and issuance of
Building permissions-Guidelines-
Issued
68
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
6
8G.O. Ms No.528MA
25th
September,1
998
Municipal Corporations,
Municipalities and Urban Authorities
Areas-Provision of Minimum road
width in layouts-Instructions-Issued
6
9G.O. Ms No.78MA 18.03.1998
Industrial development-Effective
development of cottage and Tiny
and Small Scale Industries in the
State Simplification of Procedure for
setting up of Small Scale Industrial
units-Orders-Issued-certain
amendments-Issued
7
0G.O. Ms. No. 765 MA 12.09.1975
Constitution of an Urban
Development Authority for the
Hyderabad Development Area –
appointment and nomination of
member – Notified.
7
1G.O.RT.1235MA 14.08.1992
Buildings-Urban Development
Authority areas-Unauthorized
constructions-Regulations of
Unauthorized constructions made
on the plots/sites where the title
deeds vests with the plot/site
holders-Reg.
7
2 G.O. Ms No.192MA
31st
march,1994
Hyderabad Metropolitan Water
Supply and Sewerage Board-
Protection of catchment areas of
water sources for twin cities of
69
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Hyderabad and Secunderabad and
Osman Sagar-Recommendations of
the committee by the Hyderabad
Metropolitan Water Supply and
Sewerage Board-Accepted-Orders-
Issued
7
3G.O. Ms No.249MA 23.05.1996
Municipal Corporations,
Municipalities and areas covered by
Urban Development Authorities
Zoning Regulations-Consolidated
orders for construction of individual
buildings-Issued
7
4G.O. Ms No.275MA 19.05.1994
Buildings-Hyderabad Urban
Development Authority-Vijayawada
HunturTenali Urban Development
Authority-Vishakhapatnam Urban
Development Authority-Certain
amendments to standard of set
backsto.-Orders-Issued
7
5G.O. Ms No.292MA 28.05.1994
Amendments to the Zoning
Regulations/Layout Rules in order to
reduce the minimum plot size for
residential flourishing-Orders-Issued
7
6
G.O. Ms No.584MA 28.05.1987 Municipal Corporations,
Municipalities, Buildings-
Permissions being granted basing
on the F.S.I/F.A.R prescribed under
th e sanctioned Master Plans and
70
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
General Town Planning Schemes
and Zonal Development Plans-
Review made-guidelines to
prescribed the standards of
F.S.I/F.A.R-Orders-Issued
7
7G.O. (MS) No.627MA 25.06.1987
REGULATIONS- HYDERABAD URBAN
DEVELOPMENT AUTHORITY-MULTI
STOREYED BUILDING REGULATIONS
1981-AMENDMENT-ISSUED
7
8G.O. Ms No.75MA 06.02.1992
Buildings-
MUNICIPALITIES/MUNICIPAL
CORPORATIONS/URBAN
DEVELOPMENTS AUTHORITIES-
REVISION OF F.S.I-ORDERS –ISSUED
7
9G.O. Ms No.625MA 11.10.1993
Urban development Authorities-
Revision in the standards of
building requirements-certain
modification in respect of minimum
height of habitat able room-Orders-
Issued
8
0G.O. Ms No.665MA
19TH
December,1
996
URBAN DEVELOPM,ENT
AUTHORITIES-Approval of Building
Permission for Industrial Buildings
by Urban Development Authorities
and Director Town & Country
Planning in Industrial Development
Areas-Delegation of Powers to
APIIC-Orders-Issued
71
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
8
1G.O. Ms No.192MA
31st
March,1994
Hyderabad Metropolitan Water
Supply and Sewerage Board-
Protection of catchment areas of
water sources for twin cities of
Hyderabad and Secunderabad and
Osman Sagar and HimayatSagar-
Recommendations of the
committee by the Hyderabad
Metropolitan Water Supply and
Sewerage Board-Accepted-Orders-
Issued
8
2G.O. Ms No. 276 MA 19.05.1974
Regulations – HUDA _ ZRs 1981 –
MSBRs 1942, Hyderabad,
prescribing of building lines with
respect of certain malls – centers –
Issued.
8
3G.O. Ms. No. 300 MA 11.05.1983
Buildings – Hyderabad Urban
Development Authority –
Vijayawada, Guntur, Tenali Urban
Development Authority and
Visakhapatnam Urban Development
Authority – Certain Amendments. To
standards of setbacks, Plot
Coverage, FAR etc., - orders –
Issued.
8
4
G.O. Ms. No. 712 MA 9th Nov 1987 Establishment of satellite townships
in the areas under the jurisdiction if
Urban Development Authorities –
72
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Acquisition of lands required –
Instructions – Issued.
8
5G.O. Ms. No. 903 MA 4th Nov 1987
Establishment of satellite townships
in the areas under the jurisdiction of
Urban Development Authorities –
Preparation of the plans of the
satellite townships and
implementation of the schemes –
certain guidelines – issued.
8
6G.O. Ms. No. 423 MA 31.07.1998
Municipal Corporations,
Municipalities and other areas filling
in urban development authority
areas – Rationalization of Floor Area
Ratio (FAR) and other standards of
building requirements – orders –
issued.
8
7G.O. Ms. No. 576 MA 10.12.2000
Special area development authority
– BuddhaPurnima Project Authority;
Charminar area – orders – issued.
8
8
G.O. Ms No.63MA 2nd
May,1995
Industrial Development-Effective
development of cottage, Tiny &
Small Scale Industries in the State-
Simplification of procedures for
exemption of approvals and
clearances by various departments,
like Urban Development Authority,
Municipalities and Gram Panchayat
etc.,for setting up of Small Scale
73
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Industrial Units-Orders-Issued
8
9G.O. Ms No.21MA
20th
January,200
1
Declaration of Special Area
Development Authority under
section 3-A of the Andhra Pradesh
Development Urban
Areas(Development) Act,1975 for
Cyberabad Development Area-
Notification-Orders-Issued
9
0G.O. Ms No.541MA
17th
November,2
000
Municipal Administration and Urban
Development Department-
Construction of Buildings above
10mts height(excluding the stilt
floor for parking)in the areas
covered by the Urban Development
Authorities, Municipal corporation,
Municipalities-Further orders-Issued
9
1
G.O. Ms No.733
REVENUE(UCC II)
DEPARTMENT
31.10.1988
Urban Land(Ceiling &
Regulation)Act 1976-Exces vacant
land held by individuals-
Exemptionsup to an extent of
5(five) acres in peripherals areas in
Urban Agglomerations-Orders-
Issued
9
2
G.O. Ms No.192MA 31st
March,1994
Hyderabad Metropolitan Water
Supply and Sewerage Board-
Protection of catchment areas of
water sources for twin cities of
Hyderabad and Secunderabad and
74
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Osman Sagar and HimayatSagar-
Recommendations of the
committee by the Hyderabad
Metropolitan Water Supply and
Sewerage Board-Accepted-Orders-
Issued
9
3G.O. Ms. No. 336 MA 25.06.1995
Special restrictions around Air Front
Stations – Hakimpet – prescribed –
orders – issued.
9
4G.O. Ms No.390MA
23rd
JUNE,1980
Hyderabad Urban Development
Authority-Notification of the Draft
Master Plan of the non-Municipal
area of the Hyderabad
Development Area –Orders-Issued
9
5G.O. Ms No.406MA
19th
JULY,2000
Municipal Corporation of
Hyderabad-Permissions for
Construction of Commercial
Institutional Buildings in the Plots
abutting certain notified Roads-
Collection of Impact Fees-Revision-
Orders-Issued
9
6G.O. (Ms) No.408MA
8th
August,1991
URBAN DEVELOPMENT
AUTHORITIES-Development Control
in Gram Panchayat falling in Urban
Development Areas-Delegation of
certain powers retiring to
development control to the Gram
Panchayat-Notification-ISSUED
75
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
9
7G.O. Ms No.411MA
27th
September,1
975
URBAN DEVELOPMENT-Declaration
of Development Areas under
section 15(I) of the Andhra Pradesh
Urban
Areas(Development)Act,1975-
Notification-Orders-Issued
9
8G.O. Ms No.477MA 21.10.1987
Report of Dr. Bhanu Prasad
committee on infrastructure
facilities to be provided to the
entrepreneurs-Acceptance of the
Recommendations of the
Committee-Orders-Issued
9
9G.O. Ms No.483MA
24th
AUGUST,199
8
Municipal Corporation of
Hyderabad-Road widening and
demolition of affected properties-
Delegation of powers for according
certain relaxations to Buildings
Regulations Zoning Regulations-
Orders-Issued
1
0
0
G.O. Ms No.515th
March,2001
Tourism-New Comprehensive
Scheme of State Incentives for
setting up of New Industries-
Incentives offered in new Tourism
Ploicy.1998-Constitution of State
Level Committee-Revised Orders-
Issued
1 G.O. Ms No.51MA 5th RULES-Urban Development
76
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
0
1
February,19
96
Authority Hyderabad Rules,1975-
Amendment-Orders-Issued
1
0
2
G.O. Ms No.510MA
14th
October,200
0
Municipal Corporation of
Hyderabad-Town Planning-Road
wideningProgrammme-Declaration
certain roads for Commercial use in
twin cities-proposal of Municipal
Corporation of Hyderabad-
Accepted-Orders-Issued
1
0
3
G.O. Ms No.530MA
27th
September,1
986
ANDHRA PRADESH URBAN
AREAS(DEVELOPMENT) Act,1975-
Constitution of Urban Development
Authorities-Functioning—Certain
Instructions-Orders-Issued
1
0
4
INTERNET
DOWNLOADING25.05.1999
Exemption from zoning regulations
for purposes of location
1
0
5
Circular
No.11451/PD7/HU/
DA/88
17.12.1988
Hyderabad Development Area-
Development Control-Levying of
Fines, Compounding of offences
etc.,under section-46 of Andhra
Pradesh Urban Areas(Development)
Act,1975in respect of Non-MCH area
of Hyderabad Development Area-
Regarding
1
0
G.O. Ms No.1601
REVENUE(ASN.I)
29.08.2005 Land-Government Lands-
regularization of encroachments by
77
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
6DEPARTMENT
way dwelling houses on
Government lands situated in the
areas notified as Urban in 1991
Census and in Industrial Townships
on payment of Market value-
Framing of certain policy
Guidelines-Orders-Issued
1
0
7
G.O. Ms No.355MA 27.04.2005
Hyderabad Urban Development
Authority, Hyderabad-
Comprehensive Change of Land Use
in 5 Pockets of Kompalli
Village,Qutbullapur Mandal, Ranga
Reddy District from Conservation
Use Zone to Residential Use Zone-
Draft variation-Confirmed
1
0
8
G.O. Ms No.386MA
HOUSING(HB .II)
DEPARTMENT
16.11.2005
Housing Department-A.P Housing
Board.Flatted construction scheme-
Appurtenant land-Revised FAR-
Reconstruction sale of appurtenant
land-Request for approval of policy
paper-Committee Constituted-
Orders-Issued
1
0
9
G.O. Ms No.507MA 11.11.2003
Special Area Development
Authority(SADA)-Inclusion of certain
villages under Section 3A of Andhra
Pradesh Urban Areas(Development)
Act,1975 in Hyderabad Airport
Development Authority-Orders-
Issued
78
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
1
1
0
G.O. Ms No.52MA 31..01.2005
Hyderabad Urban Development
Authority, Hyderabad-inclusion of
certain villages under section 13(2)
(b) of Andhra Pradesh Urban
Areas(Development) Act,1975 in
the development area of the
Hyderabad Urban Development
Authority-Orders-Issued
1
1
1
G.O. Ms No.520 20.05.2005
MUNICIPALTIES-constitution of
Ramchandrapuram Gram Panchayat
as Municipality-Orders-Issued
1
1
2
G.O. Ms No.579 09.06.2005
MUNICIPALITIES-Constitution of
Patancheru(Gram Panchayat) as
Municipality-Orders-Issued
1
1
3
G.O. Ms No.724 24.06.2005
Municipal Administration and Urban
Development Department-Rajeev
Gruhakapla Scheme-Construction of
Houses in Municipal Corporations
and Municipalities in the State-
Certain relaxation’s of Regulations-
Orders-Issued
1
1
4
G.O. Ms No.771MA 27.08.2005 Municipal Administration and Urban
Development Department-
Municipal Corporation of
Hyderabad-Incentives to proposed
Multi-storied Star Hotels in Banjara
Hills, Jubilee Hills area-Orders-
79
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Issued
1
1
5
G.O. Ms No.792MA 05.09.2005
Municipal Administration and Urban
Development Department-
Constitution of Coordination
Committee for the Municipal
Corporation of Hyderabad area-
Orders
1
1
6
G.O. Ms No.879 05.09.2005
Municipal Administration and Urban
Development Department-
Municipal Corporation of
Hyderabad-Fast Track Development
Works-Permission to Commissioner
Municipal Corporation of Hyderabad
to sanction Residential Building
Permissions up to a height of
15mtrs along the Road No.36
Jubilee Hills-Orders
1
1
7
G.O. Ms No.944MA 22.11.2005
Hyderabad Urban Development
Authority-Declaration of Road No.36
Jubilee Hills, Hyderabad as
Commercial Road-Draft Notification
issued under the Andhra Pradesh
Urban Areas(Development)
Act,1975 read with the Urban
Development
Authority(Hyderabad)Rules,1977
Confirmed-Orders - Issued
1 G.O. Ms. No. 86 03.03.2006 Issued common building rules
80
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
1
8
1
1
9
G.O. Ms. No. 234 09.04.2006 Amendment to G.O. Ms. No. 86
1
2
0
G.O. Ms. No. 623 01.12.2006Amendment to G.O. Ms. No. 86 and
revised building rules.
BUILDING BYE LAWS W.R.T FSI/ FAR – VARIOUS STATES OF
INDIA
DELHI BUILDING BYE LAWS
Building Bye-Laws in Delhi (1998 Amendments)
81
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Some of the Useful information on Building Bye-laws of Delhi is given
hereunder. These details are after amendments of 1998 approved by
Government of India. (This is just reference and should be verified before
this information is used for any purpose.)
PERMISSIBLE FLOOR AREA RATIO FOR DIFFERENT SIZE OF PLOTS
(AFTER 1998 AMENDEMENTS)
S.N
o.
AREA OF PLOT MAXIMUM
GROUND
FAR MAX.
HEIGHT
('Sq.m.) Coverage % (In m.)
1 Below 32 75 225 12.5
2 Above 32 to 50 75 225 12.5
3 Above 50 to 100 75 225 12.5
4 Above 100 to 250 66.66 200 12.5
5 Above 250 to 500 50 150 12.5
6 Above 500 to
1000
40 120 12.5
7 Above 1000 to
1500
33.33 100 12.5
8 Above 1500 to
2250
33.33 100 12.5
9 Above 2250 to
3000
33.33 100 12.5
10 Above 3000 to
3750
33.33 100 12.5
11 Above 3750 33.33 100 12.5
(I) Levy on the additional FAR to be allowed vide above over the FAR
allowed vide Notification dated 15.05.95 including the basement
and /or development charges shall be charged at the rates as
laid down in the Building Bye-laws or through Government orders
82
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
and as revised from time to time . (At present it is Rs.450/- per
sq. m)
(II) In case of residential plots above 250 sq. m facing 24 m and
above road, (a) the FAR shall be increased by the maximum
ground floor coverage; (b) maximum height shall be 15 m. And(c)
the number of dwelling units shall be as given in brackets.
Basement
(1)Basement in case of plotted development if constructed shall not be
included in FAR.
(2)Basement area shall not exceed the ground floor coverage and shall
be below the Ground floor. Basement area may, however, be
extended below the internal courtyard and shaft.
RESIDENTIAL PLOT-GROUP HOUSING the following amendments/additions
are made:
Maximum FAR. ..................... 167.
Maximum heights ...................... 33 m.
Levy on additional FAR and /or development charges for additional FAR
shall be charged at the rate as decided by the Government from time to
time.
Other controls
(I) The net housing density permissible shall be 175 DUs per hectare
with a 15% variation on either side. This should be indicated in
the Zonal in the Zonal Plan/Layout plan taking into consideration
the gross residential density prescribed for the area. At the
permissible level, maximum variation in density shall be 5%.
(II) Additional FAR up to a maximum of 400 sq. m shall be allowed to
cater to Community needs such as Community Hall, Crèche,
Library, Reading Room and Society Office.
83
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
(III) Professional activity shall be allowed in residential plots and flats
on Any floor on the following conditions:
(IV) Part of the premises shall be permitted to be used up to a
maximum of 25% of Far or 100 sq. m., whichever is less, for non-
residential but non-nuisance activities for rendering service
based on professional skills.
Farm Houses
(I) Minimum size of farm house.............................. 0.8 ha.
(II) Maximum ground coverage ...............................5%.
(III) Maximum FAR .....................................5 (subject to maximum of
500 sq. m. irrespective of the size of the farm).
(IV) Number of storeys........................................... two.
(V) Maximum height............................................. 8 m.
All constructions including basement, if any will be counted towards
FAR.
MUMBAI BUILDING BYE LAWS
The total permissible built-up area shall be the product of gross
area of land and FSI.
The maximum permissible F.S.I. for Organized Development in U-2 zone
shall be as stated in Table 15.7. The total permissible built-up area shall
be the product of gross plot area and the FSI stated in Table.
Minimum Area to be Provided for Public Spaces
Sl. No. Area of Sub division/ Layouts in Minimum
84
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Sq.mpercentage of area
for public facilities
0125,000 and more but less than
50,0005.0
0250,000 and more but less than
100,0007.5
03 100,000 and more 10.0
In the case of Organized Development the total permissible built up area
as defined shall be allowed to be increased if certain land is provided for
arterial roads, and public facilities free-of-cost in addition to that
prescribed in Regulation 15.5.3.8 as specified by the Planning Authority
by a product of (a) area of land so specified, (b) respective FSI and, (c) a
weight age factor.
In the case of Organized Development the total permissible built-up area
as defined shall be allowed to be increased if certain part of land is
developed in the form of small plots (having area upto 40Sq.m) on terms
and conditions stipulated by the Planning Authority by a product of area of
(a) land used for such plots, (b) the respective FSI and (c) the weight age
factor.
Maximum Permissible FSI
Sl. No. Area of plot in Sq.m FSI
01 Less than 5,000 0.20
02 5,000 and above but less than 10,000 0.23
03 10,000 and above but less than 25,000 0.26
04 25,000 and above but less than 50,000 0.29
05 50,000 and above but less than 100,000 0.32
06 100,000 and above 0.35
85
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
The permissible FSI for plots of land surrendered free-of-cost under
Organized Development as mentioned in regulation 15.5.4.3 shall be
0.35.The maximum permissible FSI in RTD Zone shall be 0.2. The FSI shall
be calculated on the gross area of the plot.
Where the owner surrenders to the Planning Authority, or an agency
nominated by it, free of cost, any land for arterial roads, access roads,
social facilities and amenities, public utilities and services an additional
incentive FSI of 0.2 of the land so surrendered shall be permissible.
The size of the plot in the sub-division plan shall not be less than 500
Sq.m.Subject to Regulation 15.12.4 and 15.12.5, essential highway
amenities and services, namely, petrol pump, service station including
emergency repair services, restaurants, parking lots, motels, police check-
post, toll station, octroi post shall be permitted direct access from the EW,
NH and SH. Such access shall be provided with proper lay-by as per the
guidelines specified by the Indian Road Congress.
FSI, Number of Storeys and Maximum Height of buildings in
Goathan and GES
Sl. No. LOCATION FSINo. of
storeys
MAXIMUM
HEIGHT
01 Goathan 1.0G+2 or
Stilt with III13.5m
02 GES 1.0G+2 or
Stilt with III13.5m
03
Development
within 200m
from Goathan
Boundary
1.0G+2 or
Stilt with III13.5m
86
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
GREATER HYDERABAD BUILDING BYE LAWS
Restriction on MinimumBuilding Plot Size along abutting roads in
new developments and layouts:
There shall be restriction on the minimum building plot size along the
abutting roads in all new developments areas and layouts.
Abutting road
Right-of-way (in
m.)
Minimum plot size
allowed (in sq. m)
Max. Plot size
allowed
(in sq m)
9 and below 12.2 100 2000
12.2 and below 18 200 No Restriction
18 and below 30 500 No Restriction
30 and above 1000 No Restriction
MINIMUM SETBACKS & HEIGHT STIPULATIONS FOR ALL
TYPES OF NON-HIGH RISE BUILDINGS
(BUILDINGS BELOW 18 m height inclusive of stilt / parking
floor)
(i) The height of buildings permissible in a given site/plot shall be
subject to restrictions.
(ii) There are no specific Floor Area Ratio and plot coverage
stipulations. The permissible coverage would be as per the
minimum setbacks to be left within the given site. The minimum
setbacks and permissible height would be as per Table III below.
87
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Plot
Size (in
Sq.
Mts.
Parkin
g
provisi
on
Maximu
m Height
of
building
permissi
ble (in
m.)
Building Line or
Minimum Front
Setback (in Mts.)
Minimum
Setbacks
other sides
(in Mts.)Abutting road width
Less
than
12.2
Mts.
12.2
Mts.
and
belo
w 18
Mts.
18
Mts.
&
less
than
30
Mts.
30
Mts.
&
abo
ve
Rear
side
Othe
r
sides
(1) (2) (3) (4a) (4b) (4c) (4d) (5) (6)
(A) OLD CITY / CONGESTED AREAS (Category-I)
Less
than
100
- 7
1.5 3.0 4.5 6.0
1.0 -
100 &
up to
200
- 10 1.5 1.5
Above
200 &
up to
300
- 10 2.0 1.5
Above
300 &
up to
400
Stilt
floor
allowed
*
12 2.5 2
Above Stilt 12 3 3
88
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
400 &
up to
500
floor
allowed
*
Above
500 &
up to
750
Stilt
floor
allowed
*
12 4 4
Above
750
Stilt +
up to 2
Cellars
allowed
**
15 5 5
Plot
Size
(in
Sq.
m.)
Parking
provisio
n
Maximum
Height of
building
permissibl
e (in m.)
Building Line or
Minimum Front
Setback (in Mts.)
Minimum
Setbacks
other sides
(in Mts.)Abutting road width
Les
s
tha
n
12.2
Mts.
12.2
Mts.
and
below
18
Mts.
18
Mts.
&
less
than
30
Mts.
30
Mts.
&
abov
e
Rea
r
side
Othe
r
sides
(1) (2) (3)(4a
)(4b) (4c) (4d) (5) (6)
EXISTING AREAS/ NEW DEVELOPMENT AREAS/LAYOUT AREAS
(Including Category II ***)
100 &
up to
- 10 3.0 4.5 6.0 9.0 1.5 1.5
89
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
200
Above
200 &
up to
300
- 10 3.0 4.5 6.0 9.0 2.0 1.5
Above
300 &
up to
400
Stilt floor
allowed12 3.0 4.5 6.0 9.0 2.5 2.5
Above
400 &
up to
500
Stilt floor
allowed12 3.0 4.5 6.0 9.0 3 3
Above
500 &
up to
750
Stilt +
Cellar
allowed
12 3.0 4.5 6.0 9.0 4 4
Above
750 &
up to
1500
Stilt + 2
Cellars
allowed
15 3.0 4.5 6.0 9.0 5 5
Above
1500
& up
to
2500
Stilt + 2
or more
Cellars
allowed
Below 18 3.0 4.5 6.0 9.0 6 6
Above
2500
Stilt + 2
or more
Cellars
allowed
Below 18 3.0 4.5 6.0 9.0 7 7
90
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Height of building
Minimum
abutting road
width required
( in meters)
Minimum all
round open
space on
remaining
sides
(in meters) *
(1) (2) (3)
Up to 21 m 12.2 7
Above 21 m& up to 24
m12.2 8
Above 24 m & up to
27 m18 9
Above 27 m & up to
30 m18 10
Above 30 m & up to
35 m24 11
Above 35 m & up to
40 m24 12
Above 40 m & up to
45 m24 13
Above 45 m & up to
50 m30 14
Above 50 m 30 16
GROUP DEVELOPMENT SCHEMES & GROUP HOUSING SCHEMES
Height of building
block
Distance to be
maintained from
periphery to
building block
Distance
between two
blocks
Up to 10 m* 3 m 2 m
91
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Above 10 m & up to
15 m*4 m 3 m
15m & upto 18 m** 5 m 4 m
Above 18 m
As per all round setbacks required
under High-rise buildings given in
above table
ROW TYPE HOUSING / ROW TYPE SHOPPING PRECINCTS - Height
permissible: 2 floors or 6 m for plots up to 125 sq m Stilt + 2 floors for
plots above 125 sq m for row houses.
CLUSTER HOUSING - Height permissible - 2 floors or 6 m
RESIDENTIAL ENCLAVES - Size of plots and height permissible: as
per type of housing and requirements as given above for the respective
type of housing.
BANGLORE BUILDING BYE LAWS
92
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
`
93
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
1. The maximum number of floors, percentage of plot coverage, F.A.R.,
height of the building for different plot size with existing road width
as limiting factor are given in the tables for various types of
buildings such as residential, commercial, public, semi-public and
industrial etc.
2. For the purpose of these regulations, the local authorities may
classify different areas in their jurisdictions as intensely developed
(Area 'A'), moderately developed (Area ’B’) and sparsely developed
(Area ‘C’).
3. When two sides of the same area are included into two different
areas like: A and B, or A and C, then the side of the other area shall
also be treated as intensely populated area ( Area 'A’ ) up to one
property depth.
4. When two sides of the same area are included in two different areas
like: B and C, then the other areas classification shall be treated as
moderately developed ( Area ‘B’ ) up to one property depth
5. Means of Access: The means of exclusive access which would be
other than through public roads and streets shall not be more than
30 mts. Length form the existing public roads and streets. The
minimum width of such access shall be 3.5 mts. F.A.R. and height of
buildings coming up on such plots shall be regulated according to
the width of public street or road. If the means of access exceeds 30
mts. In length, F.A.R. shall be regulated with reference to the width
of such access road. Construction of buildings on plots with common
access/lines from the public road/street shall be regulated according
to width of such common access roads/lanes.
94
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
FSI AND ITS APPLICATIONS IN VARIOUS STATES
95
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
CASE – I
PLOT SIZE – 300 SQ.M (12m X 25m)
CITY RESI INST COMM REMARKS
DELHI 1.40 0 – 1.00.6 –
1.5
For Residential Use FAR
relates to plot size with
restrictions on number of
dwelling units of heights.
For non – residential uses
FAR varies from local level
facilities.
Conditions,
Special
cases
3 DU’s
11 m
Height
2.0m on
Bahadur
Shah
Zafar
Marg
MUMBAI 1.00 1.00 1.00
FAR not related to plot size
or road width but specified
by Island City, suburbs,
etc. maximum of 1.33 and
minimum of 0.50.
Conditions,
Special
cases
200 –
450
DU’s/
Ha
CHENNAI 1.50Minimum
Plot size2.00
FAR related to areas; 1.75
in George Town; 1.25 in
suburbs.
96
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
BANGALOR
E1.25 1.25 1.50
FAR related to plot size,
road width and location in
three zones varying in
density etc. For group
housing FAR ranges from
2.00 to 2.50, but FAR
should be calculated often
deducting the area
reserved for parks, open
spaces and civic amenities
minimum of 25%.
HYDERABA
D1.50 1.50 1.50
FAR related to plot size,
road width and location in
three zones varying in
density etc. But as of now,
there is no concept of FAR
in HMR and it solely
depends up on abutting
road width, coverage area,
open spaces, type of
locality etc.
National
Building
Code 1983
See
Remark
s
See
Remarks
See
Remark
s
National Building Code
1983 has stated in clause
9, the factors that govern
FAR specifications and give
FAR values in clause 9.2.
Table 3 taking into account
the combustible content
and fire resistance of
different types of structure.
FAR ranges from not
permitted to unlimited. For
group housing, FAR ranges
97
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
is given as 0.75 to 2.00
with coverage of 25% to
30%.
CASE – II
PLOT SIZE – 1000 SQ.M (25m X 40m)
CITY RESI INST COMM REMARKS
DELHI 0.830.66 –
1.20
0.6 –
1.50
For Residential Use FAR
relates to plot size with
restrictions on number of
dwelling units of heights.
For non – residential uses
FAR varies from local level
facilities.
Conditions,
Special
cases
3 DU’s
11 m
Height
2.0m on
Bahadur
Shah
Zafar
Marg
MUMBAI 1.00 1.00 1.00
FAR not related to plot size
or road width but specified
by Island City, suburbs,
etc. maximum of 1.33 and
minimum of 0.50.
Conditions,
Special
cases
200 –
450
DU’s/
Ha
CHENNAI 1.50 1.50 2.00 FAR related to areas; 1.75
98
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
in George Town; 1.25 in
suburbs.
BANGALOR
E1.25 1.50 1.75
FAR related to plot size,
road width and location in
three zones varying in
density etc. For group
housing FAR ranges from
2.00 to 2.50, but FAR
should be calculated often
deducting the area
reserved for parks, open
spaces and civic amenities
minimum of 25%.
HYDERABA
D1.50 1.50 1.50
FAR related to plot size,
road width and location in
three zones varying in
density etc. But as of now,
there is no concept of FAR
in HMR and it solely
depends up on abutting
road width, coverage area,
open spaces, type of
locality etc.
National
Building
Code 1983
See
Remark
s
See
Remarks
See
Remark
s
National Building Code
1983 has stated in clause
9, the factors that govern
FAR specifications and give
FAR values in clause 9.2.
Table 3 taking into account
the combustible content
and fire resistance of
different types of structure.
99
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
FAR ranges from not
permitted to unlimited. For
group housing, FAR ranges
is given as 0.75 to 2.00
with coverage of 25% to
30%.
CASE – III
PLOT SIZE – 4000 SQ.M (40m X 100m)
CITY RESI INST COMM REMARKS
DELHI
0.83 with
12 DU’s 11
m ht. for
plotted
developme
nt 1.33 for
group
housing,
140
DU’s /h
0.66 –
1.20
0.6 –
1.50
For Residential Use FAR
relates to plot size with
restrictions on number of
dwelling units of heights.
For non – residential uses
FAR varies from local level
facilities.
Conditions,
Special
cases
3 DU’s
11 m
Height
2.0m on
Bahadur
Shah
Zafar
Marg
MUMBAI 1.00 1.00 1.00
FAR not related to plot size
or road width but specified
by Island City, suburbs,
etc. maximum of 1.33 and
minimum of 0.50.
Conditions, 200 – 450
100
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Special
casesDU’s/ Ha
CHENNAI 1.50 1.50 2.00
FAR related to areas; 1.75
in George Town; 1.25 in
suburbs.
BANGALOR
E1.75 1.50 2.00
FAR related to plot size,
road width and location in
three zones varying in
density etc. For group
housing FAR ranges from
2.00 to 2.50, but FAR
should be calculated often
deducting the area
reserved for parks, open
spaces and civic amenities
minimum of 25%.
HYDERABA
D1.50 1.50 1.50
FAR related to plot size,
road width and location in
three zones varying in
density etc. But as of now,
there is no concept of FAR
in HMR and it solely
depends up on abutting
road width, coverage area,
open spaces, type of
locality etc.
National
Building
Code 1983
See
Remarks
See
Remarks
See
Remark
s
National Building Code
1983 has stated in clause
9, the factors that govern
FAR specifications and give
FAR values in clause 9.2.
Table 3 taking into account
101
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
the combustible content
and fire resistance of
different types of structure.
FAR ranges from not
permitted to unlimited. For
group housing, FAR ranges
is given as 0.75 to 2.00
with coverage of 25% to
30%.
CURRENT TRENDS AND TECHNIQUES USED IN DEFINING FSI/ FAR
The Floor Area Ratio (FAR) of a given site is typically the most
powerful governing factor when determining the maximum bulk
of a building. Learn how the Zoning Resolution defines floor area
and use it to your advantage:
Zoning ‘Floor Area’: Zoning ‘Floor Area’ is a common term used to
describe portions of a building’s floor area which must be counted when
calculating the maximum bulk of a proposed building. It is distinct from a
building’s ‘Gross Floor Area’, in that some portions of the Gross Floor Area
may be deducted, and therefore not counted as floor area for zoning
purposes.
The Zoning Resolution definition of floor area is extensive, and explains
very specifically which portions of a building count, and which do not.
Since the value of usable floor area in NYC is so precious, any deductions
are welcome and should be maximized whenever possible.
Basement or Cellar? The floor area of the lowest story of a building may
be deducted when it is a cellar. A basement, however, may not be
deducted*. A cellar is defined as a story having one-half or more of its
102
FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
clear height below the curb level, while a basement is defined as a story
having less than one-half of its clear height below the curb level.
‘Mechanical Deductions’ The floor space used for mechanical
equipment, regardless of the story on which it is located, may be
deducted**. This includes such elements as mechanical equipment rooms
and vertical duct & utility shafts. To be eligible for Mechanical Deductions,
the Architect must provide floor plans indicating each mechanical area to
be deducted. These mechanical areas should also be tabulated and
included as part of the zoning calculations. Further, the Mechanical
Engineer’s plans must show mechanical equipment in the declared
mechanical rooms to substantiate the deductions.
Typically, the Department of Buildings will accept Mechanical Deductions
totaling about 2% of the building’s gross floor area. Anything above this
percentage may raise objections.
Use of Mechanical Deductions for additions to existing buildings:
Mechanical Deductions can sometimes be used as a method of adding
new floor area to an existing building. If the Architect can demonstrate
that an existing building’s floor area has not been maximized because
there are mechanical deductions to be taken, she may be able to ‘buy
back’ floor area and use it for a building addition; perhaps a new
penthouse apartment.
CAREFREE CITIES
CITY OF CEDARBURG
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Floor Area Ratio (FAR):The mathematical expression determined by
dividing Gross Floor Area of a building including the garage and all
accessory buildings (excluding decks, open porches, child play structure,
open gazebos) by the area of the lot on which they are located as:
(Gross Floor Area + Garage Area + Accessory Structure Area)/Lot Area =
FAR
For example, a 2 storey dwelling unit with 1,200 sq.ft on the first floor,
1,000 sq.ft on the second floor, a 600 sq.ft garage, and a 450 sq.ft
accessory structure on a 15,000 sq.ft lot has a floor area ratio of 0.217 –
also expressed as 21.7%.
Floor Area – Gross, the sum of the gross horizontal areas of all floors
measured in square feet, not including basement floor, measured from
the exterior faces of the exterior walls or from the centerline of walls
separating two buildings. The floor area of a building includes elevator
shafts and stairwells at each other floor, floor space used for mechanical
equipment – open or closed – located on a roof or in a basement,
penthouses, attic space having headroom of seven feet and ten inches or
more, interiors balconies and mezzanines, enclosed porches, and floor
area devoted to accessory uses.
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Lot Coverage: The measurement of land use intensity that represents
the portion of the principle building including the garage and all accessory
buildings, but excluding all other impervious improvements such as
sidewalks, driveways, patios, decks and open porches, recreational courts,
child play structures, swimming pools, open gazebos, etc.
(First Floor Area + Garage Area + Accessory Structure Area)/Lot Area =
Lot Coverage.
For example, a 2 storey dwelling unit with 1,200 sq.ft on the first floor, a
600 sq.ft garage, and a 450 sq.ft accessory structure on a 15,000 sq.ft lot
has a coverage percentage of 15.0%.
GOOD PRACTICE - GOVERNMENT MAY RAISE FLOOR SPACE INDEX
FOR MUMBAI
The Maharashtra government is planning to raise the floor space index
(FSI) for Mumbai from the existing 1.33 to 2.20. Besides, it is also trying to
put an end to the piecemeal manner in which the index is being raised for
various projects.
Speaking with Business Standard, a senior official from the state urban
development ministry said: “A team of state government officials and a
team of experts from the World Bank are working on the proposal to have
a common FSI for both the island city and its suburbs. Currently, the
island city has an FSI of 1.33, while in the suburbs it is only one.
The FSI is the ratio of total floor area of a building to the size of the plot. It
indicates the maximum construction allowed on a plot in a particular area.
That is, if the FSI is one and the plot size is 1,000 sqft, the maximum
construction allowed on that plot will be 1,000 sq ft.
“The current FSI is hardly enough if we have to meet the growing demand
for housing in the city. Nearly 80 sq km area out of total 437 sq km of
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Greater Mumbai falls in a no-development zone, which includes national
park, coastal regulatory zone etc.,” the official pointed out.
The state government is also planning to grant an FSI of 4 at the metro
stations and within a radius of 500 meter of them. It has granted a similar
FSI for the Dharavi redevelopment project. The higher FSI is also available
to builders who undertake schemes for slum redevelopment or
rehabilitating the project-affected people.
However, World Bank has objected to the state government's this
piecemeal approach about the higher FSI and called for uniform policy on
it during recent parlays of state government officials and World Bank
experts on Mumbai Makeover program, he added.
BEST PRACTICE - ZONING IN CHICAGO
To understand how zoning in Chicago works, it's important to have a
handle on the scope and power of the regulations. First, the scope.
Chicago's Grid
Chicago, like many nineteenth century American cities, is laid out on a
street grid. When the federal government subdivided and sold the land
that's now Chicago, it sold the land in "sections" of a square mile each.
Property along these "section-line roads" was further subdivided in a
regular grid pattern. Large roads (like Western Avenue, Cicero Avenue and
Cermak Road) are usually a mile apart, with medium-sized roads (like
Damen Avenue, 51st Street and Diversey Avenue) every half mile and
local streets in between.
A typical Chicago neighborhood is based around a "quarter-section" - one
quarter of a square mile, half a mile on each side, bounded by large or
medium-sized roads. Each quarter-section is four blocks on a side, since
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there are eight blocks per mile. However, east-west blocks in most of the
city are half as wide as north-south blocks; the average quarter-section
has 32 blocks on 160 acres, or 5 acres per block. When one subtracts
streets and alleys from the blocks, the net area of the block is
approximately 3.44 acres. Each block is then subdivided into 48 lots - 24
on each side, each 25 feet wide and 125 feet deep.
How large a building can fit on that lot? Well, that depends.
Setbacks
Part of the zoning regulations for each lot requires setbacks, also known
as front, side and rear yards. Setbacks can be either absolute or relative:
for instance, the code requires front yards in bungalow neighborhoods (R2
districts) to be 20 feet or 16 percent of the yard's depth, whichever is less.
(For the average 125 foot deep lot, there's no difference between the two
measurements.) No buildings can be built within these required setbacks.
Height limits can also be seen as a kind of setback. Currently, height limits
exist in those residential and business districts that allow small
multifamily buildings like three and four-flats.
Another form of setback applies to townhouses in Chicago: the prevailing
setback. Although most townhouses (which are usually built in R3 or R4
districts) must have front yards at least 15 or 20 feet deep, a townhouse
built on a street where all the other houses have front yards that are only
7 feet deep can have a front yard that is 7 feet deep. This helps to
maintain the street's appearance.
Floor-to-Area Ratio
Chicago was one of the first cities to use Floor to Area Ratio, or FAR, to
regulate the size of buildings. Older zoning codes struggled to create
regulations that would control building size based on lot size, since a large
building could overwhelm a small lot but might fit quite well on a large lot.
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The zoning codes written in the 1920s usually regulated only use and
setbacks. Those codes typically required additional setbacks on tall
buildings at certain heights. These so-called building envelope or bulk
plane requirements dovetailed nicely with the Art Deco architectural style
that was popular then, creating buildings like the Board of Trade Tower
which step back as they rise from the ground.
When Chicago rewrote its zoning code in 1957, it replaced the building
envelope approach with floor to area ratios. FAR limits regulate how large
a building can be relative to the size of its lot. FAR is a simple
mathematical formula:
Floor area (i.e., area of building) / area of lot = FAR
For a simple building (where all the floors are the same size),
FAR = Number of floors / lot coverage (as percentage)
For instance, a large single-family house in an R1 district can have a FAR
of up to 0.5. In that case, it can either be a one-story building covering
half (50%) of its lot, or a two-story building covering one fourth (25%) of
its lot.
0.5 = 1 x 0.5 = 2 x 0.25
A high-rise apartment building in an R7 district can have a FAR of up to
7.0. The developer can build a seven-story building that covers the entire
lot, or a 28-story building that covers one-fourth (25%) of its lot.
7.0 = 7 x 1.0 = 28 x 0.25
A small commercial building in a B4-2 district can have a FAR of up to 2.2.
That means that it can have three stories and cover 73% of its lot; four
stories that cover 55% of the lot; or 5.5 stories that cover 40% of the lot.
2.2 = 3 x 0.73 = 4 x 0.55 = 5.5 x 0.4
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Note that basements, unfinished attics, open porches, parking garages
and mechanical rooms in commercial buildings aren't counted as floor
area when the city calculates a building's FAR. Builders sometimes try to
use these techniques to exceed FAR regulations.
Dwelling Units per Acre
Chicago's zoning code also regulates how many dwelling units can be built
on any given lot. A dwelling unit (DU or "unit") can be a house, an
apartment, a condominium, or any other space that people can live in.
Both a studio apartment and a nine-bedroom mansion count as one
dwelling unit.
By limiting the number of dwelling units per acre (DUA) within residential
districts, the zoning code can limit the number of houses or apartments
that can be built on any given lot. Chicago doesn't directly limit DUA;
instead, it sets a minimum lot area per dwelling unit which accomplishes
the same purpose. Since an acre is 43,560 square feet, a minimum lot
area of 2,500 square feet (as in an R3 district) means that 17.4 dwelling
units can be built on an acre of land zoned R3.
Chicago also requires that all multifamily buildings provide at least one
off-street parking space per DU, and that business, commercial and
manufacturing uses provide parking for at least some of their employees
and customers. Here, an expensive wrinkle pops up for builders. At a
certain point, the parking spaces required by the zoning code will cover
more than the entire ground area of the lot - which means that expensive
structured parking (e.g., parking garages) must be provided.
Urban Design Guidelines
So far, this guide has looked at several tools the city uses to regulate the
size of a building. The next section discusses tools the city uses to
regulate the design of a building.
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Design guidelines are a relatively new land-use tool that regulates a
building’s urban design - the interface between the building and the rest
of the city. Think of a street as an outdoor room, with the buildings on
either side as the walls and the road as the floor. Instead of hiring an
interior decorator to design this room, you would call on an urban
designer. She might suggest new street trees, changes to the roadway or
sidewalk, or improvements to the buildings that line the street to improve
the look of an area. The buildings, for instance, should all face forward,
with front doors to the street. Garages should face alleys or be set back so
that they don't dominate the fronts of houses. Buildings should be no
taller than a certain height - and, if they are, the taller part of the building
might be set back. Buildings shouldn't be too far from the street, to keep
the street's "walls" in place. Houses (and especially shops) shouldn't
present blank walls to the street. If the existing buildings have certain
distinctive features in common - bay windows or porches, for example -
new buildings should incorporate complementary features
It's important to recognize that urban design guidelines differ from
architectural guidelines in their scope. Several court cases have held that
cities cannot regulate architecture for its own sake, except in historic
districts. A city cannot, for instance, specify the color of bricks that a
developer may use on a building, nor can it require that roofs be peaked
at 50 degree angles and covered with slate shingles. Regulations of that
sort don't advance public health, safety and welfare - which are the
reasons for establishing zoning in the first place. Such regulations also
stymie architects' creativity; after all, buildings that we now consider
masterpieces (like the RobieHouse in Hyde Park or the Tribune Tower on
Michigan Avenue) seemed wildly out of place in their neighborhoods when
they were first built.
Since the city has somewhat limited legal powers over design, most
official urban design guidelines in Chicago (like the River North Design
Guidelines) are "voluntary." The city publishes the guidelines and
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distributes them to architects, developers and the public, but no one is
legally bound to comply with the guidelines. Chicago often publishes
design guidelines when it creates a new plan for a certain neighborhood;
the guidelines help architects understand how new construction in the
neighborhood can advance the city's plan. Although the city doesn't
mandate compliance with the guidelines, most developers choose to
follow the city's plans
The Landscape Ordinance, Parking Standards and Townhouse Standards
are all city laws that include mandatory urban design guidelines. The
Landscape Ordinance requires developers to plant a certain amount of
trees and other landscaping around their buildings and parking lots, while
the Parking Standards require that parking lots be screened from view by
buildings or landscaping and restricts drive-through operations. The
Townhouse Standards are interesting in that they specify the placement
of townhouses' garage doors (facing alleys, not streets, when possible, to
keep streets pedestrian-friendly and to preserve curbside parking spaces),
front doors (always facing the street) and front façades (avoiding blank
walls). The Townhouse Standards also specify that the open space
required in larger developments remain green and not be paved over.
These standards have noticeably improved the appearance of townhouses
in the city since their passage in 1995, but they don't apply to mid- or
high-rise buildings.
Density Bonuses
Chicago, like most cities, wants to encourage new buildings that provide
public improvements. In 1957, Chicago was one of the first cities to create
incentives - in the form of density bonuses - for developers who build
public amenities like plazas and wider sidewalks serving their buildings. In
exchange for these public amenities, the city allows the developer to build
a bigger building. Most of the public plazas downtown is the result of
these density bonuses. Chicago grants density bonuses in areas zoned for
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high-rises, like downtown and the lakefront, and in multifamily residential
or manufacturing districts adjacent to parks.
In 1999, the city proposed a series of revisions to the downtown density
bonus system. The proposed new bonus system (now pending City Council
approval) specifies urban design criteria for plazas and creates new
bonuses for amenities like river walks, transit station improvements and
historic landmark preservation. A similar density bonus program for areas
outside downtown could give developers incentives to build public plazas,
affordable housing, or other things that the neighborhood needs.
The city also offers other incentives to encourage developers to build
projects that will benefit the community. Affordable housing developers,
for instance, pay lower development fees than developers of market-rate
housing. The city can also offer to waive development fees or utility
charges, build or improve nearby infrastructure (like water lines, roads, or
sidewalks) or grant property tax rebates to developments that may need
such incentives.
In Austin, Texas, the city uses a "point" system to encourage balanced
development. Developers fill out a "Smart Growth Criteria Matrix" that
awards up to 635 points to a development based on whether it meets the
city's needs. Points are awarded based on location in an area that with the
infrastructure to support new development, integration and mixing of land
uses and activities, support of or improvements to transit, pedestrian and
bicycle facilities, inclusion of affordable housing and use of good urban
design principles (like street-level shop windows and building heights that
are compatible with the existing neighborhood). If a development scores
enough points on the Matrix, the city will offer financial incentives to
developers. Columbus, Ohio recently proposed a similar revision to its
zoning code that would require all new buildings built in designated
mixed-use districts to achieve a certain number of points to gain city
approval.
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The Extent of Satisfactions of Floor Area Ratio in New and Old
City Center and its Determinant Factors in Busan, Korea
Sungju CHAI, Yoji KAWAKAMI, Yunpyo OH & Yoshiaki HONDA
This study intends to find out and analyze the designation of floor area
ratio, the extent of satisfaction of the floor area ratio and the
determinants of floor area ratio in the old city center and the new city
center in Busan, Korea. In addition, it also aims to clarify influences of
some factors on the extent to which the floor area ratio is fulfilled. The
results of this study are summarized as follows. 1) Among buildings in the
new city center of Busan, the highest realization ratio (0.61) was obtained
from those built with an average floor area realization ratio of 0.51 and a
legal floor area ratio of 1100 percent. In case of the old city center, the
buildings with an average floor area realization ratio of 0.58 and a legal
floor area ratio of 800 percent showed the highest realization ratio (0.61).
2) In the new city center, the item of front-road width has the greatest
influence on the floor area realization ratio the width of front road. As the
category score for the front road width (0 $BK (B6 meters) shows a
positive value, the category is considered as contributing to increasing the
average of realization ratios. 3) For the size of site, posted land prices and
ownership, the items have different influence in the new city center and
the old city center. 4) In the planning of reviewing or resetting of floor
area ratio, considered as the influencing factors on the realization ratio
should be the front road width, the using purpose of buildings and posted
land prices in the new city center, and the front road width, posted land
prices and the size of site in the old city center.
Chicago Zoning Ordinance: Take the lot size and multiply it by the
Floor Area Ratio.
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For example, on a 5,000 square foot lot with a 2.0 FAR you could
construct a building with 10,000 square feet of total floor area (the floor
space of each floor above ground added together).
Keep in mind that there are other restrictions as well, such as building
height and setback issues that could keep you from using the total
allowable building area per your FAR.
Practices: How can we make a graceful physical transition from
suburban development patterns to a higher density, more urban,
pedestrian oriented character?
To achieve more Urban and Active streets – Model Approaches and Tools -
Ground floor design and development standards, Ground floor active use
provisions, Minimum floor area requirements, FAR (Floor Area Ratio)
bonus, Flexible parking requirement.
Ground floor design and development standards: Broad category that
typically will enhance the pedestrian streetscape experience. The
standards can shape allowed uses or the more basic development
parameters such as building height, setbacks, etc.
Ground floor active use provisions: Intended to ultimately enhance and
activate the streetscape. This provision allows for interim uses on the
ground floor until the market can sustain the commercial use.
Minimum floor area requirements: Intended to ultimately shape the
activities in the public realm by defining the type of use on the ground
floor. Intended for areas that are served by transit and contain well
developed mixture of uses can support higher levels of density. The
combination of minimum floor area requirements with ground floor active
uses with no ROW setbacks ensures new development will support the
improved public realm.
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FAR (Floor Area Ratio) bonus: Intended to incentivize development within
targeted areas. Can be used to promote residential density, mixed-use,
retail, sustainability, or other uses. Translates into larger developable
envelops for developers. Can also be used to promote public realm
improvements.
Flexible parking requirement: Intended to incentivize certain types of
development within a key area. Based on factors such as access to transit,
nearby complimentary uses, auto ownership rates, or other parking
reduction programs. Parking represents one of the largest challenges to a
developer and managing the parking will ultimately shape the
development.
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TOOLS AND TECHNIQUES USED IN DEFINING FSI/ FAR
Some affordable tools, such as tax-exempt financing and Low Income Tax
Credits are well known and broadly used. Others such as bonus density
are not uncommon but the specifics of use may vary from jurisdiction to
jurisdiction. This memo describes a broad range of tools used, focusing on
those that may be less well known.
Types of Tools:
• Zoning
• Financial
• Creating Win: Win Situations
• Special Tool
• Rent Assistance
Zoning Tools:
• Affordable Housing Ordinance: Arlington’s Zoning Ordinance’s
requirements for site plan projects are designed to foster creation of
affordable housing and to streamline the approval process. The developer
chooses whether to provide a cash contribution or to provide units using a
percent of the increased gross floor area (GFA) above 1.0 Floor Area Ratio
(FAR). For on-site units, the requirement is 5% of the GFA; for off-site units
nearby, 7.5%; for off-site units in Arlington County, 10%. Cash
contributions in March 2006 were: $1.50/sq. ft. of GFA for first 1.0 FAR;
$4.00/sq. ft. from 1.0 to 3.0 FAR for residential; $8.00/sq. ft. of GFA above
3.0 for residential; and $4.00/sq. ft. above 1.0 FAR in commercial. Cash
contribution amounts are indexed to the Consumer Price Index for
Housing in the Washington-Baltimore MSA.
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• Flexible Density Bonus: The County’s 25% density bonus, added to the
zoning ordinance in 2001, permits both market-rate and affordable units,
with the income from the market-rate units designed to offset the cost of
the affordable units. Quincy Plaza, a site plan project in Ballston approved
in 2002, used the full 25% bonus and will add 25 committed affordable
units to the affordable supply.
• 1:1 Replacement: The Special Affordable Housing Protection District
(SAHPD) is a special land use overlay which identifies existing affordable
housing in the Rosslyn-Ballston Metro Corridor which is planned for 3.24
FAR or higher. It involves replacing the existing affordable housing units
on a 1-for-1 basis. This has been interpreted as replacing the number of
bedrooms on a 1-for-1 basis. An example is the 314-unit project, The
Gallery, which provided 38 two-bedroom units with 76 bedrooms,
replacing 55 units (primarily one-bedrooms) with 70 bedrooms. This
replacement policy may be revisited in 2006.
• Shift of Density: Shift of density is possible from one part of a site to
another within a site plan. This allowed the shift of excess density from an
urban park to an adjacent portion of the Rosslyn Ridge II site by Arlington
Partnership for Affordable Housing (APAH) and resulting in a 238-unit
mixed income project with 95 new affordable units. This was also used in
1984 to preserve the 41-unit Key Blvd. Apartments, involving a density
shift to The Atrium condominium.
Transfer of Development Rights (TDRs): The County Board adopted an
ordinance to allow for the transfer of development rights consistent with
State enabling legislation (State code: 15.2-750). The TDR program will
allow a site to send density and other development rights for the purposes
of, but not limited to, the preservation or facilitation of affordable housing,
open space, historic preservation, community facilities, or community
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recreation. Through site plan approval, the TDRs can be transferred to
another location where density is deemed more appropriate by the County
Board. A group comprised of representatives of of the Planning
Commission, the Housing Commission, and other members of the
community will develop recommendations for criteria for the use of TDRs.
• Bonus Density Using Increase in Floor Area Ratio (FAR): The recently-
approved Nauck Village Center Action Plan includes provision, as an
incentive for the creation of affordable housing, of an increase in FAR from
a maximum density of 1.5 to 2.0. This would be limited to projects on
designated residential sites where the developer agrees to provide at
least 10% of its units as committed affordable units. This was used by
AHC, Inc. for the redevelopment of the 22-unit Fairview Manor to a 94-unit
committed affordable complex.
• Phased Development Site Plan (PDSP): The County Board used this tool
to develop 232 committed affordable rental units and a 72-unit limited-
equity co-op at Colonial Village, a large garden complex near Metro in
1979. The developer was able to tear down over 120 units in order to
build three office buildings. The FY 1991 Meridian PDSP generated 176
committed affordable units and used a shift of density for the 112-unit
Courthouse Crossing project.
• Rezoning: When a site plan is planned for a higher density or is
appropriate to be planned for higher density, the process can be
successfully used to capture affordable units (as done in Arna Valley).
Avalon at Arlington Square includes 64 units scattered throughout an over
800+-unit complex and a 101-unit stand-alone project (Arna Valley View)
which is 100% affordable.
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• Unused Density: AHC Inc., a non-profit, used excess density at its
existing affordable complex, Woodbury Park, as well as the density bonus,
to develop 108 committed affordable rental units on the same site.
Condo Sales Income: The Woodbury Park North project will include 99
market-rate condominiums. In addition to the savings from the use of
excess and bonus density, the non-profit is using the income from condo
sales to ensure the long term affordability of the rental units, eliminating
the need for County funds.
• Street Vacation: The developer of the Lofts at Crystal Towers provided
nine on-site affordable units with a value to the County equivalent to the
value of vacation of a street easement.
Financial Tools:
• Affordable Housing Investment Fund (AHIF): The County funds AHIF with
$4 million annually including nearly $3 million in local general revenues.
Established in 1985 as a revolving loan fund, it now has loan repayments,
on average, of $1.1 million annually. Occasionally there are larger one-
time payments, e.g., a $3 million payment in FY 2004. This funding is
typically used for acquisition and rehab projects.
• Credit Facility: AHC, the non-profit developer, acquired The Gates of
Ballston, a 465-unit apartment complex near Metro. It is keeping 75% of
the units affordable to households with incomes below 60% of median.
The acquisition was funded by the County in part through a $10 million
credit facility, or line of credit, provided by Fannie Mae’s American
Communities Fund TM (ACF®). This partnership between the County and
Fannie Mae was unprecedented.
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County Credit Support: The County backed the credit facility with County
credit support (formerly referred to as a moral obligation). The County’s
obligation on the facility is legally limited. The County did not pledge its
taxing authority or full faith and credit, but the County's statement
creates an expectation in the financial markets that future County Boards,
while not legally obligated to fulfill the commitment, would in fact, fulfill
its obligation. This has been used at The Gates and was also used in the
FY 1988 acquisition of the 364-unit Woodbury Park.
• LPACAP (Local Public Assistance Cost Allocation Plan): This funding is the
result of a cooperative partnership with the Virginia Department of Social
Services. It is designed to maximize federal reimbursement of local costs
for administering social services programs, including housing and housing
services for special needs populations. The County Board set aside $7
million in LPACAP funds as a Supportive Housing Fund. The County used
roughly $2,700,000 from that source to purchase a 39-unit project for use
as supportive housing for older persons with disabilities.
Assisted Living Conversion Program: This U.S. Department of Housing and
Urban Development (HUD) program provides funds primarily to
rehabilitate portions of existing HUD Section 202 properties to provide
assisted living for persons aging in place. The non-profit Volunteers of
America National (VOA) was awarded a $4.8 million grant. The funds will
enable VOA to provide extensive renovations to the former Oak Springs,
expanding it from 39 to 52 units and adding necessary program and
community space. The vacant building qualified for the funds as an
underutilized commercial property.
• Mortgage Buy-Downs to Serve Extremely Low Income Persons: At
Columbia Grove, a 210-unit complex, the County is buying down the
mortgage on eight units to zero. This reduces rent payments to amounts
covering the owner’s operating costs only, making the units affordable to
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persons with disabilities whose incomes are below 30% of area median
income. The rental income from the very low income residents will pay for
operating costs and assisted living services rather than the mortgage.
• Live Near Your Work Program: This local program provides a forgivable
loan in the amount of $2,700 to qualified County or School Board
employees purchasing a home in Arlington.
• Historic Tax Credits: A developer used both Historic and Low Income
Housing Tax Credits for the FY 1996 acquisition and rehab of the 512-unit
Ballston Park at Historic Buckingham Village. This enabled the project to
have the highest leveraging and the lowest per unit subsidy cost of any
project done in Arlington. 45% of the units are committed affordable units.
• Partial Exemption on Real Estate Assessments: Partial exemption is
available for property owners who do substantial rehabilitation on multi-
family rental projects.
• Housing Reserve Fund (HRF): The HRF uses private developer
contributions to help finance the acquisition of units to mitigate
displacement of low income tenants and for apartment banking.
Creating Win: Win Situations
Working with the neighboring civic associations in planning affordable
housing projects, both non-profit and for-profit housing developers have
been able to design projects with elements that address neighborhood
concerns and thus generate neighborhood support.
• Monterey/Sierra, by the for-profit Silver wood Associates, Inc., combined
rental and ownership to create a mixed-income community. The
ownership component was largely a result of a deliberate and thorough
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public process. Demolition of 43 units allowed construction of The Sierra,
a 96-unit condo. Rezoning halved the cost of construction. All 109
rehabilitated rental units and 10% of the condos will be affordable. The
community was enthusiastic in its support because the project increases
home ownership in the area.
• At Columbia Grove, a 210-unit committed affordable complex, the
community was very supportive of the project, both because its
acquisition helped retain the existing neighborhood residents and because
the addition of a parking lot will alleviate neighborhood parking problems.
Special Tool:
• Deed Covenants: At The Sierra and other condos and townhouses, an
innovative deed covenant extends the affordability of the units to future
low income buyers while also enabling the lower income homeowners to
earn appreciation on their homes. Units will be affordable in perpetuity.
Rent Assistance Tools:
• Project-Based Housing Vouchers: Up to 20% of a jurisdiction’s federal
Housing Vouchers may be project-based Housing Vouchers, with no more
than 25% of the units in any one complex receiving this commitment.
Arlington first used this resource in FY 2001 at the Quebec, a 172-unit
project. The developer added 24 three-bedroom units at this project
through conversion of smaller units and the addition of bump-outs.
• Housing Grants: This County-funded rent assistance program serves low
income working families, elderly persons and persons with disabilities.
Rent subsidies allow participants to pay between 30% and 40% of income
for rent.
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• Project-based Rental Assistance: Some committed affordable units are
designated to serve persons with disabilities, including homeless, needing
permanent supportive housing. This program assures affordability for
these very low income persons.
• Transitional Housing Program: This rent subsidy program serves
households with issues such as mental illness or domestic abuse who are
leaving shelters and entering transitional programs.
Chicago Zoning Ordinance: Take the lot size and multiply it by the
Floor Area Ratio.
For example, on a 5,000 square foot lot with a 2.0 FAR you could
construct a building with 10,000 square feet of total floor area (the floor
space of each floor above ground added together).
Keep in mind that there are other restrictions as well, such as building
height and setback issues that could keep you from using the total
allowable building area per your FAR.
Practices: How can we make a graceful physical transition from
suburban development patterns to a higher density, more urban,
pedestrian oriented character?
To achieve more Urban and Active streets – Model Approaches and Tools -
Ground floor design and development standards, Ground floor active use
provisions, Minimum floor area requirements, FAR (Floor Area Ratio)
bonus, Flexible parking requirement.
Ground floor design and development standards: Broad category that
typically will enhance the pedestrian streetscape experience. The
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standards can shape allowed uses or the more basic development
parameters such as building height, setbacks, etc.
Ground floor active use provisions: Intended to ultimately enhance and
activate the streetscape. This provision allows for interim uses on the
ground floor until the market can sustain the commercial use.
Minimum floor area requirements: Intended to ultimately shape the
activities in the public realm by defining the type of use on the ground
floor. Intended for areas that are served by transit and contain well
developed mixture of uses can support higher levels of density. The
combination of minimum floor area requirements with ground floor active
uses with no ROW setbacks ensures new development will support the
improved public realm.
FAR (Floor Area Ratio) bonus: Intended to incentivize development within
targeted areas. It can be used to promote residential density, mixed-use,
retail, sustainability, or other uses. It translates into larger developable
envelops for developers. It can also be used to promote public realm
improvements.
Flexible parking requirement: Intended to incentivize certain types of
development within a key area. Based on factors such as access to transit,
nearby complimentary uses, auto ownership rates, or other parking
reduction programs. Parking represents one of the largest challenges to a
developer and managing the parking will ultimately shape the
development.
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SUCCESSFUL MODELS
MODEL MIXED USE DEVELOPMENT BYLAW
Prepared by the Pioneer Valley Planning Commission
Note: This Model Zoning Bylaw is most applicable when the area
is being developed for commercial uses for the first time.
For redevelopment areas, please refer to the Model Mixed
Use Redevelopment Bylaw.
1.0 PURPOSES
The purposes of Mixed Use Developments are:
1.1 To create mixed commercial and residential areas where the visual and
physical dominance of the automobile is made secondary to the
pedestrian needs;
1.2 To encourage the creation of a pleasant pedestrian oriented district
and neighborhood setting; which co-mingles a balanced mix of civic,
commercial and residential uses in single structures or groups of
structures located on a single lot, thus minimizing traveling distances,
traffic, air pollution and energy consumption;
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1.3 To provide a pleasant, rich and diverse experience for pedestrians by
visually connecting activities occurring within a structure to adjacent
sidewalk areas;
1.4 To discourage a visually and architecturally monotonous commercial
environment;
1.5 To encourage the sharing of parking lots and driveway curb cuts,
minimizing the amount of paved parking surface area, and reducing
traffic congestion.
2.0 AUTHORITY
The (city/town) Planning Board shall be the Special Permit Granting
Authority for all Mixed Use Developments.
3.0 DEFINITIONS
Mixed UseDevelopment: A development which co-mingles two or more
businesses, or commingles businesses with residences, into a single
structure or group of structures located on a single lot.
Business Services: Services used in the conducting of business and
commerce, including only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance company service offices;
f. Real estate offices.
Driveway: A space, located on a lot, built for access to a garage or off-street
parking or loading space.
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Fast Food Restaurant: An establishment whose principal business is the sale
of pre-pared or rapidly prepared food directly to the customer in a ready-to-
consume state for consumption either within the restaurant building or off the
premises.
Municipal Facilities: Facilities utilized in the provision of services normally
provided by municipalities such as schools, parks, playgrounds, municipal office
buildings, and maintenance buildings.
Personal Services: Establishments primarily engaged in providing services
involving the care of a person or his/her apparel, including but not limited to:
a. Laundering, dry cleaning and garments services not exceeding 5,000
square feet of floor area per establishment;
b. Coin operated laundries;
c. Shoe repair;
d. Photographic services;
e. Beauty and barber shops;
f. Apparel repair and alteration;
g. Funeral services;
h. Steam baths;
i. Reducing salons and health clubs;
j. Clothing rental.
Professional Services: Services performed by professional persons for
business and personal use, including, but not limited to:
a. Medical and health offices and clinics not exceeding 5,000 feet of
floor area per office or group of offices;
b. Planning;
c. Engineering and architectural;
d. Accounting;
e. Auditing and bookkeeping;
f. Educational and scientific.
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Quality Restaurant: An eating establishment of high quality and with turnover
rates generally of at least one hour or longer.
4.0 SPECIAL PERMIT USES
Mixed use developments may be constructed with the approval of a Special
Permit granted by the Planning Board. The following uses may be included
within a mixed use development:
a. Retail Uses;
b. Quality Restaurants;
c. Multi-family Residential;
d. Home Occupations;
e. Professional Service Offices;
f. Personal Service Establishments;
g. Municipal Uses;
h. Banks;
i. Hotel/Motel not exceeding 10 guest rooms per establishment;
j. Multiple Uses in the same structure.
5.0 CONDITIONS FOR CERTAIN USES WITHIN MIXED USE
DEVELOPMENTS
Within a mixed use development, the following uses shall not be allowed as free
standing buildings, and shall not provide drive through service windows:
a. Fast food restaurants;
b. High turnover sit-down restaurants;
c. Banks.
6.0 USES PROHIBITED IN MIXED USE DEVELOPMENTS
The following uses may not be included within a mixed use development:
a. Industrial uses;
b. Motor vehicle maintenance and repair facilities;
c. Gasoline filling stations;
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d. Commercial uses having a floor area greater than 5,000 square feet
per single establishment;
e. Dry cleaning, linen cleaning or diaper services which clean clothing
articles on site.
7.0 HEIGHT AND AREA REQUIREMENTS
The height and area requirements for free-standing single family uses, and the
special height and area requirements for mixed use developments are set forth
in the Table below.
Density Bonus Provisions for Mixed Use Developments: if new project or use
improves the public environment of the commercial neighborhood by donating
the Town/City of public amenities such as parks, benches, plazas, bicycle paths
or bicycle storage areas, or public access to special resource areas, the Planning
Board may grant reductions in the minimum dimensional requirements according
to the schedule set forth in the Table below. The Planning Board may grant
density bonus points for the public amenities listed in Section 8.0. The minimum
dimensional requirements for a mixed use development will be determined as
part of the Special Permit process, according to the number of public amenities
listed in Section 8.0 which the development provides.
For example, a proposed mixed use development which provides one or more of
the qualified public amenities suggested in Section 8.0, resulting in a cumulative
award of 30 bonus points, would only be required to meet the minimum
dimensional requirements specified in the column labeled MXD B. A proposed
mixed use development which provides qualified public amenities which result in
a cumulative award of 50 bonus points would only be required to meet the
minimum dimensional requirements specified in the column labeled MXD C.
MXD A. MXD B. MXD C. MXD D. MXD E.
Single Family No Density 30 Bonus50 Bonus 70 Bonus 100 Bonus
Residential Bonus Points* Points* Points*Points*
Zoning Permit Allowed by
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Requirement RightAccording to theRequirements
of the Allowed By Allowed By Allowed ByAllowed By Allowed By
Existing Zoning Special Special SpecialSpecialSpecial
Bylaw Permit Permit PermitPermitPermit
MIN LOT SIZE (sq. ft.) - 430,000 400,000 350,000 320,000300,000
MIN LOT SIZE (acres) - 9.87 9.8 9.03 7.35 6.89FRONTAGE (ft.) - 650 570 400 300 250MIN FRONT YARD (ft.) - N/A N/A N/A N/A N/AMAXIMUM FRONTYARD (ft.) - 20 20 20 20 20MIN SIDE YARD (ft.) - 15 15 15 15 15MIN REAR YARD (ft.) - 15 15 15 15 15MAXIMUM HEIGHT (ft.) - 45 45 55 55 55FLOOR AREA RATIO - 0.75 0.85 1.00 1.25 1.5FLOOR AREA RATIO -(as sq. ft.) - 322,500 340,000 350,000 400,000
450,000% LOT COVERAGE - 50% 50% 65% 70% 80%% LOT COVERAGE - 215,000 200,000 227,500 224,000
240,000(as sq. ft.)
8.0 DENSITY BONUS CRITERIA FOR MIXED USE DEVELOPMENT
Density bonus points shall be provided for each public amenity, according to the
suggested point award schedule.
Public Amenity Points
Exceeds minimum landscaping requirements 5 points for each 800 square
feet of landscaping requirements which exceeds the 20%
minimum set forth in subsection 9.03
Actual parking spaces constructed do not exceed 10 points
the average parking requirements calculated in
accordance with the publication entitled: Parking
Generation by the Institute of Transportation
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Engineers (ITE)
Provides public drinking water fountains located in 5 points for
each two fountains
Outdoor areas
Provides outdoor public seating areas 1 point for each bench at least 5
feet long
Provides covered secure bicycle storage lockers 5 points for every six lockers
installed according to the
location requirements
specified in subsection 9.02
Transit Stop or park-n-ride lot provided on-site, or 20 points
50% funding provided for a facility located in an
adjacent public way
25% of floor area reserved for multi-family dwelling 10 points
units
10% of floor area reserved for professional offices 10 points
Restrictive covenant agreement executed which 10 points
requires continuity with a common architectural
design scheme in accordance with the criteria
set forth in Section 9
Pedestrian Pocket Parks are provided which include 10 points for
each part of at least 1,000 square seating areas shaded by trees, picnic tables
feet
and an integrated and maintained trail network
9.0 SPECIAL PERMIT CRITERIA FOR ALL MIXED USE
DEVELOPMENTS
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9.1 Meets dimensional standards contained in Section 8.0 above. No
single commercial establishment shall contain a floor area greater than
5,000 square feet.
9.2 Parking Standards (Refer to standards set forth in the Model Parking
Bylaw)
9.3 Parking Lot Location and Landscaping (Refer to standards set forth in
the Model Parking Bylaw)
9.4 Shared Parking Lots (Refer to standards set forth in the Model Parking
Bylaw)
9.5 Automobile, Pedestrian, and Bicycle Circulation Plans (Refer to
standards set forth in the Model Parking Bylaw)
9.6 Must make provisions for motor vehicle, bicycle, and pedestrian
circulation connections to adjacent lots.
9.7 Buildings shall be designed so that only retail, restaurant, and personal
service establishments shall be located on the ground or below grade
building levels.
9.8 The Planning Board shall require a detailed traffic study for high
volume traffic generating uses with a trip generation rate over 700
vehicles/day (based on Institute of Transportation Engineers rates
found in Trip Generation); for the construction of new Mixed Use
Development structure of more than 25,000 square feet in gross floor
area; and for any external enlargement that brings the Mixed Use
Development total to 25,000 square feet gross floor area for all
structures. The Planning Board may waive any or all requirements for
a traffic study for external enlargements of less than 2,000 square feet
of gross floor area in excess of the 25,000 gross floor area threshold.
The traffic impact statement shall contain:
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a. The projected number of motor vehicle trips to enter or leave the
site, estimated for daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both vehicles and pedestrian
access shall be described and related to the site plan, including
vehicular movements at all major intersections likely to be affected
by the proposed use of the site;
c. Traffic flow patterns at the site including entrances and egresses,
loading and unloading areas, and curb cuts on site and within one
hundred (100) feet of the site;
d. A detailed assessment of the traffic safety impacts of the proposed
project or use on the carrying capacity of any adjacent highway or
road, including the projected number of motor vehicle trips to enter
or depart from the site estimated for daily hour and peak hour
traffic levels, road capacities and impacts on intersection. Existing
daily and peak hour traffic levels and road capacities shall also be
given;
e. A parking lot vehicle traffic and pedestrian circulation plan shall be
designed to minimize conflicts and safety problems.
9.9 Lighting
a. Any outdoor lighting fixture newly installed or replaced shall be
shielded so that it does not produce a strong, direct light beyond
the property boundaries which either exceeds 3 foot-candles or
creates observable shadows;
b. No light standard shall be taller than fifteen (15) feet;
c. No flickering or flashing lights shall be permitted.
9.10 Sufficient domestic water and sanitary sewage disposal facilities shall
be available.
9.11 Display signs shall conform to Section ____ of this zoning
bylaw/ordinance.
A MODEL OF CURRENT AND POTENTIAL URBAN DEVELOPMENT
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Demonstrating Relational Database and Reprocessing
Fundamentals
Relational database management systems form the basis of most of the
information management systems that are used to record the properties
of almost everything. Relational databases are a generic container for
storing information about entities and phenomena, and for creating new
information about how many different sorts of things relate to one-
another. Tables are used to store references to entities. A row, or record,
in a table holds a collection of attributes that serve to distinguish one
thing from another. Attributes may also be used to relate the entities of
one class, to those of another. A set of assumptions about how things,
rows, classes and tables are expected to be composed is discussed in our
lecture notes. For now we will say that with an adequately designed set of
tables, we can apply sequences of query, transformation, associative and
summary operations that will yield useful new information about how
things and ideas relate to each other.
By running the same sequence of analytic steps on selections of records,
we can learn things about useful differences between one place or class of
entities and another. By altering the information in the database perform
controlled experiments to explore alternative future scenarios. If we learn
how to automate the workflow of our model procedure, then we can
make a lot of experiments that will help us to understand the
consequences of one decision or another.
Representing Development Intensity: Current and Future
As usual, we will not begin to use GIS until we are clear about what we are
trying to represent. Without a clear formulation of a conceptual model,
there is no point exploring data. Today we are concerned with
development intensity near existing and proposed transit stops. Our
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conception of development intensity we will use the common planning
metric: Floor Area Ratio (FAR), which is the amount of useable floor
area of the building on a property, divided by the land area of the
property parcel. We want to model existing intensity and potential
development allowed by the zoning regulations, for individual parcels and
for entire districts near transit stops. This will help us to understand
opportunities and for infill. We would like to use this model to experiment
with adjustments to the zoning ordinance or to the zoning of specific
parcels to understand what the potential build out impacts of these
scenarios would be.
Our next step is to break this conceptual model down into its component
concepts and to explain how we find data and operations to represent
these. Our property parcels will be represented by the 2006 Parcels
Table from the City of Somerville Tax Assessor. Each parcel is
represented as a row in this table, and has attributes including Lot area
and gross floor area and a code that references the zoning classification
that applies to that parcel. The potential development of parcels will be
represented by the dimensional standards given in Article 8 of the
Somerville Zoning Ordinance (2006) these standards have been
represented in zoning Class Table that represents each zoning class and
its intensity allowances.
Naturally, we will want to explore these datasets and to critique them with
regard to how well they represent our concepts. We should examine some
of the questions described in Critique of Data and Metadata to answer the
ultimate question about the errors of omission or commission that may be
inherent in our use of the data the way we hope to. This will also help us
to understand how our data may be improved. One interesting aspect in
this case will be to consider biases in the tax assessor's view of property,
and also the fact that since the Zoning ordinance is itself a formal concept
that may be almost perfectly represented by its map and its table. And
yet, we know that in a mixed use parcel, should actually reflect the FAR
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for residential and commercial, and in our model we only have one
number. We could probably fix this last problem.
A more fundamental problem with our model lays in the too-simple
assumption that the potential development of a parcel is totally
dependent on the FAR limits of its zoning class. There are many other
issues that may cut in to this: including some amount of land being
required to fulfill parking and open space requirements probably being the
largest factor. Given this, we would expect our model to overestimate the
actual development potential by perhaps 20 percent. (I just made this
number up, but at least I have some guess as to the direction and the
magnitude of the error.) I could probably do some experiments to get a
much better estimate of the error that results from this simplified concept
of development potential. This would help me figure out how to make a
better model.
Measuring Existing FAR
Our next step is to get summaries of existing FAR for specific areas of
town that we define in our areas of interest layer. To do this we will have
to add a new column to our table and use some relational database tools
to update the value of that column that holds a value for FAR for each
parcel. Then we will be able to calculate some summaries of the actual
FAR being used in each zoning class. We will see that these summary
functions can be requested to operate only on selected parcels. This will
be a great opportunity to explore the utility of a spatial operation that lets
us select the parcels within a particular area of interest. We will explore
these functions with some Ad-Hoc tools in the Arc Map Graphic Interface.
Then we will learn how to use and create geo processing tools that will let
us create a reputable workflow that will both document and automate our
routine for calculating existing FAR for a given zone.
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Computing FAR per Parcel: Transforming Attribute References in
a Table
The referencing systems used in a dataset may not immediately lend
themselves to representing our concepts. In this case, our concept is FAR,
but we have only Lot Area and Gross Area measurements for our parcel.
This isn't too bad, since we can reasonably expect FAR to be a simple
function of these two numbers. As we need only to create a new column
on our parcels table and to populate it with a value of floor area divided
by lot area. We will immediately encounter a difficulty in that Arc Map
won't allow us to divide by zero. So we will do an attribute query to select
only those rows that have a gross area greater than 0, and to the math.
Then we will invert the selection and calculate 0 for the FAR of those
apparently landless or unmeasured parcels (perhaps condos or tax
exempt land) We will then map the result and see if it is logically
consistent with our thematic map that did its normalization in the
symbology properties.
Making Summaries on Tables and Subsets of Records
So, we've made maps before, and they are useful for portraying data
graphically, but what we really need now is Numbers! We want to know
what the existing FAR in the entire city and in particular zones and in
different parts of the city. This will be a good opportunity to explore table
summaries. These are great but even greater when we learn how to do
these with particular subsets of records that we can select. We will learn a
new way of selecting parcels that fall within particular areas of interest to
create summaries of development densities by zone within specifically
defined areas of town.
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Exploring different Development Scenarios
So you now have a schema and a set of tools for studying development
density. Currently our schema represents the condition as recorded by the
tax assessor in 2003. What if we want to investigate another scenario? All
we have to fo is change the FAR of specific parcels, and go through the
same steps as above. Before doing this, we should put some though into
how to organize this information, since we may be creating various
scenarios and we do not want to destroy the information about the
existing condition. Our Principles of Data Organization stipulates that our
dataset is arranged by source. If we want to alter develop our own data
we create our own folder under the GIS tree of the collection. This way we
can be sure that their data in our Somerville folder always represents the
condition as the tax assessor saw it. We are going to store our data in a
geo database because of advantages that these offer -- especially that
they automatically calculate the area of polygons.
Calculating Build out FAR
So, you have an idea of what the existing development density is in
different zoning districts across the whole city and in specific parts of town
and in alternative development scenarios. We should keep in mind that in
reality we can't always simply boost the FAR of a parcel if such increases
are not permitted in the zoning. Perhaps we want to make
recommendations to change the zoning ordinance and investigate the
potential impacts of this, on the wholesale development capacity of the
city or of districts? This requires a build-out model, and forces us to a
higher level of modeling. Each of our parcels is assigned to a zone with
its Zone_ code. We know the actual FAR. What we need to know is the as-
of right FAR per the zoning ordinance. Luckily we have this information in
another table. In the next section we will discuss how you could make this
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table yourself. The tableZonecode_LUT has a record for each zoning
code, and each zoning code is distinguished by a code, a name, an
permitted FAR, and other attributes. The Code field is a unique key for the
rows in this table. We can look at the Parcels Table and see how the
values in the Zone_ field are references to the Code in the lookup table.
This column of references is known as a Foreign Key this relationship
can be used to create a new table view that dynamically joins these tables
together. This will effectively add a new FAR field to our parcels table that
we can use to new developable square feet numbers for each parcel.
Creating New Zoning Scenarios
The next and last thing to think about is what if you wanted to change the
zoning and investigate the build out impacts. I will leave you with these
two thoughts. There are a couple of simple ways of doing this. The simple
way of doing this would be to select specific parcels and up-zone them by
selecting a bunch and calculating a new value for the zone field. If you did
this you would notice, upon closing and that the values joined to your
parcel table would update automatically, but the calculated values for
Developable square feet would have to be calculated again. Alternatively,
you could take the big gesture of up or down zoning entire zoning districts
by changing the allowable FAR for a district in the Zonecode_LUT. Of
course before doing this, you should make your own copy of the lookup
table!!! You will notice if you close your parcels table and reopen it that
these changes will also cascade dynamically to the joined view. IN reality,
the way up zoning often happens is by the proposal of new special
districts or Planned Unit Development areas. The way you would do this is
by adding new districts to the Zone code lookup table (you will see I have
already added some. Then you can assign groups of parcels to these
districts. This workflow has advantages of allowing you to try different
scenarios without destroying the old ones.
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Automating the Process
The previous exercise was fairly rewarding, but could also become tedious
if we had to do it too many times. With tedium also comes all sorts of
potential errors that we may not catch (those are the worst kind!) So it
would be nice to be able to automate this procedure. To actually script
this workflow will also have the added benefit of allowing us to very easily
share our method with other people. Thankfully ArcGIS provides a nice
mechanism for doing this.
INDICATORS/ VARIABLES TO BE TAKEN IN DEFINING FSI/ FAR
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Rationale - what it means and why it is an important measure
Floor area per person is a response indicator, as well as a pressure
indicator. In high-density cities, floor area per capita is usually lower than
in low-density cities or towns. This is influenced by housing regulations in
general. Thus, in low-density cities, the floor area per person is usually
larger than needed for the inhabitants; this commonly leads to the misuse
of resources such as electricity, land, water, etc.
How it is compiled, what data are needed?
The ratio of total living space within a district to the number of inhabitants within
the district.
Measurements and units
Ratio of total living space to number of inhabitants (m²/inhabitants).
Floor Area Ratio (FAR)
The mathematical expression determined by dividing the Gross
Floor Area of a building including the garage and all accessory
buildings (excluding decks, open porches, child play structures,
open gazebos) by the area of the lot on which they are located as:
(OR)
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The Floor Area Ratio (FAR) or Floor Space Index (FSI) is the ratio of
the total floor area of buildings on a certain location to the size of the land
of that location, or the limit imposed on such a ratio.The Floor Area Ratio
is the total building square footage (building area) divided by the site size
square footage (site area).As a formula: Floor Area Ratio = (Total covered
area on all floors of all buildings on a certain plot)/ (Area of the plot). Thus,
an FSI of 2.0 would indicate that the total floor area of a building is two
times the gross area of the plot on which it is constructed, as would be
found in a multiple-story building.
At the level of site development, the access patterns, positioning
of buildings relative to the site borders, set backs, and massing
are the important decisions. The performance indicators that
guide these decisions still are mainly density – related, but the
land units in the denominator now do not include the areas of
streets and other public amenities. Dwelling units per acre is an
important density measure in housing. For housing and other
building types, the floor area ratio (FAR), also called the plot ratio
or the floor space index (units of floor area per unit of site area),
is the most significant measure. Where floor area is less
indicative, for example, because floor – to – floor heights are non
standards, density indicators based on volume may be used
instead, such as cubic feet of building volume per square foot of
site. Again, the rules of thumb generally agree that the higher
the density is (e.g., as measured by the floor area ratio), the
more economical the scheme.
Coverage, the ratio of the building foot prints to the total site
area, and the open space index, the ratio of open (usually
“green”) space to total site, and the number of units of open
space per resident, are examples of other density – related
indicators at this level.
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LAND USE MODELS
THREE MODELS OF URBAN LAND USE
The study of urban land use generally draws from three different
descriptive models. These models were developed to generalize about the
patterns of urban land use found in early industrial cities of the U.S.
Because the shape and form of American cities changed over time, new
models of urban land were developed to describe an urban landscape that
was becoming increasingly complex and differentiated. Further, because
these are general models devised to understand the overall patterns of
land use, none of them can accurately describe patterns of urban land use
in all cities. In fact, all of these models have been criticized for being more
applicable to cities in the U.S. than to cities of other nations. Other
criticisms have focused on the fact that the models are static; they
describe patterns of urban land use in a generic city, but do not describe
the process by which land use changes. Despite these criticisms, these
models continue to be useful generalizations of the way in which land is
devoted to different uses within the city. Below, we will examine the
Concentric Zone Model, Sector Model and Multiple Nuclei Model of urban
land use.
Concentric Zone Model: The concentric zone model was among the
early descriptions of urban form. Originated by Earnest Burgess in the
1920s, the concentric zone model depicts the use of urban land as a set of
concentric rings with each ring devoted to a different land use (see Figure
1). The model was based on Burgess’s observations of Chicago during the
early years of the 20th century. Major routes of transportation emanated
from the city’s core, making the CBD the most accessible location in the
city. Burgess identified five rings of land use that would form around the
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CBD. These rings were originally defined as the (1) central business
district, (2) zone of transition, (3) zone of independent workers’ homes, (4)
zone of better residences and (5) zone of commuters. An important
feature of this model is the positive correlation of socio-economic status of
households with distance from the CBD -- more affluent households were
observed to live at greater distances from the central city. Burgess
described the changing spatial patterns of residential areas as a process
of "invasion" and "succession". As the city grew and developed over time,
the CBD would exert pressure on the zone immediately surrounding it (the
zone of transition). Outward expansion of the CBD would invade nearby
residential neighborhoods causing them to expand outward. The process
was thought to continue with each successive neighborhood moving
further from the CBD. He suggested that inner-city housing was largely
occupied by immigrants and households with low socio-economic status.
As the city grew and the CBD expanded outward, lower status residents
moved to adjacent neighborhoods, and more affluent residents moved
further from the CBD.
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Figure 1 Three Generalizations of Urban Structure Upper Left:
Burgess' Concentric Zone Model; Upper Right: Hoyt's Sector Model;
Bottom Left: Harris and Ullman Multiple Nuclei Model. Graphic repared by
Department of Geography and Earth Sciences, University of North
Carolina at Charlotte.
Sector Model: Soon after Burgess generalized about the concentric zone
form of the city, Homer Hoyt re-cast the concentric ring model. While
recognizing the value of the concentric ring model, Hoyt also observed
some consistent patterns in many American cities. He observed, for
example, that it was common for low-income households to be found in
close proximity to railroad lines, and commercial establishments to be
found along business thoroughfares. In 1939, Hoyt modified the
concentric zone model to account for major transportation routes. Recall
that most major cities evolved around the nexus of several important
transport facilities such as railroads, sea ports, and trolly lines that
emanated from the city's center. Recognizing that these routes (and later
metropolitan expressways and interstate highways) represented lines of
greater access, Hoyt theorized that cities would tend to grow in wedge-
shaped patterns, or sectors, emanating from the CBD and centered on
major transportation routes. Higher levels of access translate to higher
land values. Thus, many commercial functions would remain in the CBD,
but manufacturing activity would develop in a wedge surrounding
transport routes. Residential land use patterns also would grow in wedge-
shaped patterns with a sector of lower-income households bordering the
manufacturing/ warehousing sector (traffic, noise and pollution making
these less desirable locations to live) and sectors of middle- and higher-
income households located away from industrial sites. In many respects,
Hoyt's sector model is simply a concentric zone model modified to
account for the impact of transportation systems on accessibility.
Multiple Nuclei Model: By 1945, it was clear to Chauncy Harris and
Edward Ullman that many cities did not fit the traditional concentric zone
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or sector model. Cities of greater size were developing substantial
suburban areas and some suburbs, having reached significant size, were
functioning like smaller business districts. These smaller business districts
acted as satellite nodes, or nuclei, of activity around which land use
patterns formed. While Harris and Ullman still saw the CBD as the major
center of commerce, they suggested that specialized cells of activity
would develop according to specific requirements of certain activities,
different rent-paying abilities, and the tendency for some kinds of
economic activity to cluster together. At the center of their model is the
CBD, with light manufacturing and wholesaling located along transport
routes? Heavy industry was thought to locate near the outer edge of city,
perhaps surrounded by lower-income households, and suburbs of
commuters and smaller service centers would occupy the urban
periphery.
GLOBAL LAND USE MODELS
Global land-use models address the allocation of land to specific use
types. They are used to understand the dynamics of land-use
change but also to project the future development of land-use patterns.
Land supplies a multitude of goods and services to human societies – and
the demand for these is changing with demography, wealth, and
lifestyles. However, land is available in limited stocks only and thus, food,
fiber-, and timber production, recreation, nature conservation,
infrastructures, and settlements compete for suitable land. The historical
development, cultural background, political and institutional
conditions, trade regimes, and most of all the land’s suitability for
specific land-use types constrain this competition. Their interaction
determines the spatial land-use pattern and the spatial extent of the area
under cultivation. Land suitability, however, is not distributed evenly over
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space but forms heterogeneous patterns, complicating the competition for
suitable land.
Societal and environmental conditions change, modifying the global land-
use pattern as a consequence. Well-known examples for these global
land-use changes are tropical deforestation and agricultural expansion,
intensification, and specialization.
Global Modeling Approaches
To analyze this complexity and to project the future development of land-
use patterns as integral parts of the Earth System, land-use models are
being developed and employed.
The global scale is of special interest for analyzing land-use change
processes. Many of the drivers and also many consequences of land-use
change are of global extent and so-called globalization increasingly
allows the shifting of land requirements from one region to another.
These changes can only be addressed in a global framework. However,
global approaches require high levels of generalization and aggregation,
both spatially and conceptually. Thus, specific methodologies are needed
for global approaches that differ significantly from smaller-scale
approaches: Global land-use models implement other processes than
smaller-scale approaches. They can – in principle – cover feedbacks
to world market prices or inter-regional competition and can, thus,
determine total area demand, which often is an input to smaller-scale
models. On the other hand, several processes that are often considered in
small-scale land-use models, such as effects of land tenure or
management, cannot be included in the global level. Some processes are
only analyzed at local scales that cannot be generalized or extrapolated to
other regions. It is also hard to find adequate data for these local
processes at the global scale. The lack of suitable global data sets and the
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special requirements of global-scale modeling approaches partially
explain the small number of global-scale land-use models available.
The complexity of global land-use change processes is often much
reduced by excluding inter-sectoral competition: That is, most global land-
use models focus on agriculture or forestry only. Rarely, agriculture and
forestry are addressed in the same model. Recreation, infrastructure, and
settlements are completely ignored in global land-use models.
Methodologically, the complexity is often reduced by employing only
disciplinary methods in the models, ignoring the interdisciplinary
character of land-use dynamics. Based on their disciplinary background,
three types of large-scale modeling approaches can be recognized:
geographic land-use models;
economic land-use models; and
Integrated land-use models, which combine both approaches.
At the global scale, no geographic land-use model exists and most
economic land-use models are not designed or employed to analyze land-
use dynamics, although they allocate land in monetary terms to specific
production types. Nonetheless, all three methodologies can be principally
employed at the global scale to analyze and project global land-use
dynamics. Most global-scale land-use models that are specifically
designed to analyze and project land-use changes are integrated models,
i.e., they are based on geographic and economic modeling approaches.
Geographic Modeling Approaches
Geographic approaches focus on spatial patterns of land-use
change processes. They allow the flexible inclusion of behavioral patterns
that affect the spatial allocation of land. Geographic modeling approaches
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require external projections of area- or commodity demand. These
external demands are consequently not affected by the spatial limitations
in their production, which can strongly affect demand via the price
mechanism. Geographic approaches comprise empirical-statistical as well
as rule/process-based models.
So far, there is no global geographic land-use model. These models are
developed for and applied at regional to continental scales. The
methodologies, however, is in principle applicable at the global scale as
well and are partly used in integrated models. Examples of large-scale
geographic land-use models are the CLUE models.
Economic Modeling Approaches
Economic land-use models on the contrary are concerned with the
interaction of commodity demand, production, and trade, but largely
ignore the spatial heterogeneity of land suitability. The variations in land
suitability, however, largely determine the production inputs needed (e.g.
land, chemicals, labor) and, thus, production costs. They also limit the
total production potential. Usually, economic large-scale land-use models
are partial or general equilibrium models.
Several global-scale economic models exist – but even if these include
land as a primary production factor, the vast majority is not designed to
analyze the allocation of land but focuses on changes in market structures
of land-intensive goods or land-use emissions. Their methodologies are,
however, employed in integrated models. Examples of economic global
land-use models are the GTAP models and the AgLU model.
Integrated Modeling Approaches
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These disciplinary shortcomings can only be overcome by
integrating geographic and economic methodologies – a challenge yet to
be fully met. Few models attempt to integrate over these disciplinary
boundaries, but these models are usually specifically designed to address
global land-use dynamics. Such integration is hampered by the strong
differences in thematic, spatial, and temporal scales. First approaches to
integrate economic and geographic methodologies and data are
promising, but are often inconsistent and/or incomplete. Commodities and
land are included in monetary terms only and often cannot be simply
mapped to physical units as hectares or metric tones. Examples of
integrated global land-use models are the coupled IMAGE-GTAP/LEI model
and the FARM model.
URBAN LAND USE MODELS
The relationships between transportation and land use are rich in
theoretical representations that have contributed much to geographical
sciences. Several descriptive and analytical models of urban land use
have been developed over time, with increased levels of complexity. All
involve some consideration of transport in the explanations of urban land
use structures:
Von Thunen’s regional land use model is the oldest. It was
initially developed in the early 19th century (1826) for the analysis
of agricultural land use patterns in Germany. It used the concept of
economic rent to explain a spatial organization where different
agricultural activities are competing for the usage of land. The
underlying principles of this model have been the foundation of
many others where economic considerations, namely land
rent and distance-decay, are incorporated. The core assumption
of the model is that agricultural land use is patterned in the form of
concentric circles around a market. Many concordances of this
model with reality have been found, notably in North America.
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The Burgess concentric model was among the first attempts to
investigate spatial patterns at the urban level (1925). Although the
purpose of the model was to analyze social classes, it recognized
that transportation and mobility were important factors behind the
spatial organization of urban areas. The formal land use
representation of this model is derived from commuting distance
from the CBD, creating concentric circles. Each circle represents a
specific socioeconomic urban landscape. This model is conceptually
a direct adaptation of the Von Thunen's model to urban land use
since it deals with a concentric representation.
Sector and multiple nuclei land use models were developed to
take into account numerous factors overlooked by concentric
models, namely the influence of transport axis (Hoyt, 1939) and
multiple nuclei (Harris and Ullman, 1945) on land use and growth.
Both representations consider the emerging impacts of motorization
on the urban spatial structure.
Hybrid models tried to include the concentric, sector and nuclei
behavior of different processes in explaining urban land use. They
are an attempt to integrate the strengths of each approach since
none of these appear to provide a completely satisfactory
explanation. Thus, hybrid models, such as that developed by Isard
(1955), consider the concentric effect of nodes (CBDs and sub-
centers) and the radial effect of transport axis, all overlain to form a
land use pattern. Also, hybrid representations are suitable to explain
the structure as they combine different spatial impacts of
transportation on urban land use, let them be concentric or radial,
and this at different points in time.
Land rent theory was also developed to explain land use as a
market where different urban activities are competing for land
usage at a location. It is strongly based in the market principle of
spatial competition. The more desirable the location, the higher
its rent value. Transportation, through accessibility and distance-
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decay, is a strong explanatory factor on the land rent and
its impacts on land use. However, conventional representations of
land rent are being challenged by structural of contemporary cities.
Most of these models are essentially static as they explain land use
patterns. They do not explicitly consider the processes that are creating or
changing them.
MASTER PLAN AND DEVELOPMENT CONTROL MEASURES WITH
RESPECT TO FSI/ FAR
The development plan is an aspect of town and country
planning comprising a set of documents, which set out the Local
Authorities policies and proposals for the development and use of land in
their area. The development plan guides and informs day to day decisions
as to whether or not Planning Permission should be granted, under the
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system known as Development Control. In order to ensure that these
decisions are rational and consistent, they must be considered against the
development plan adopted by the authority, after public consultation and
having proper regard to other material factors.
The main objective of the CDP is to have a planned growth of the city in
the desired direction and to project Hyderabad as a Global City, guided by
a shared vision for city’s development. The CDP makes basic policy
choices and provides a flexible framework for adapting to real conditions
over time. It emphases on issues of priority local concerns for livability,
and the implied requirements in terms of:
?? Enhancing City Productivity
?? Reducing Poverty
?? Improving Urban Governance and
?? Enhancing Financial Sustainability
The CDP comprises of sectoral plans for the identified sectors for a time
horizon of 20 years outlining policy framework and investment
interventions to achieve the vision.
Legislation requires that decisions made should be in accordance with the
development plan unless material considerations indicate otherwise.
Although plans do not have to be rigidly adhered to, they provide a firm
basis for rational and consistent planning decisions.
Theoretically, the primary purpose of Master Plans and Development Plans
is zoningwhich is to segregate uses that are thought to be incompatible. In
practice, zoning is used to prevent new development from interfering with
existing residents or businesses and to preserve the "character" of a
community. Zoning is commonly controlled by local governments such
as counties or municipalities, though the nature of the zoning regime may
be determined or limited by state or national planning authorities or
through enabling legislation. In Australia, land under the control of the
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Commonwealth (federal) government is not subject to state planning
controls. The United States and other federal countries are similar. Zoning
and urban planning in France and Germany are regulated by national or
federal codes. In the case of Germany this code includes contents of
zoning plans as well as the legal procedure.
Zoning may include regulation of the kinds of activities which will be
acceptable on particular lots (such as open space, residential, agricultural,
commercial or industrial), the densities at which those activities can be
performed (from low-density housing such as single family homes to high-
density such as high-rise apartment buildings), the height of buildings, the
amount of space structures may occupy, the location of a building on the
lot (setbacks), the proportions of the types of space on a lot, such as how
much landscaped space, impervious surface, traffic lanes,
and parking must be provided. In Germany, zoning usually includes
building design, very specific green space and compensation regulations.
The details of how individual planning systems incorporate zoning into
their regulatory regimes vary though the intention is always similar. For
example, in the state of Victoria, Australia, land use zones are combined
with a system of planning scheme overlays to account for the multiplicity
of factors that impact on desirable urban outcomes in any location.
Most zoning systems have a procedure for granting variances (exceptions
to the zoning rules), usually because of some perceived hardship caused
by the particular nature of the property in question.
Basically, urban zones fall into one of five major categories: residential,
mixed residential-commercial, commercial, industrial and special (e. g.
power plants, sports complexes, airports, shopping malls etc.). Each
category can have a number of sub-categories. In Germany, e. g., each
category has a designated limit for noise immissions (not part of the
building code, but federal immissions code). In the United States or
Canada, for example, residential zones can have the following sub-
categories:
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R-1: Residential occupancies containing sleeping units where the
occupants are primarily transient in nature, including:
Boarding houses, Hotels, Motels
R-2: Residential occupancies containing sleeping units or more than two
dwelling units where the occupants are primarily permanent in nature,
including:
Apartment houses, Boarding houses, Convents, Dormitories
R-3: Residential occupancies where the occupants are primarily
permanent in nature and not classified as Group R-1, R-2, R-4 or I,
including:
Buildings that do not contain more than two dwelling units. Adult care
facilities for five or fewer persons for less than 24 hours.
R-4: Residential occupancies shall include buildings arranged for
occupancy as residential care/assisted living facilities including more than
five but not more than 16 occupants.
The CDP presents the city development issues, deficiency analysis and a
management framework outlining strategies and guidelines for future
growth. The plan provides a distinctive thrust for introducing enabling
rather than restrictive regulatory mechanisms through realistic planning
and management interventions within the overall regulatory and
institutional framework. A development implementation action plan
comprising of implementation schedule, role of stakeholders, regulations
and institutional strengthening mechanisms are formulated, with special
emphasis on institutionalizing the monitoring mechanisms.
T C P O NORMS
The Town and Country Planning Organization (TCPO), technical arm of the
Ministry of Urban Development, Government of India, is an apex technical
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advisory and consultant organization on matters concerning urban and
regional planning strategies, research, appraisal, and monitoring of
central government schemes and development policies. TCPO not only
assists the Central Government but also provides assistance to the State
Governments, Public Sector Undertakings and Local Bodies / Development
Authorities on the matters pertaining to urbanization, town planning,
urban transportation, metropolitan planning, human settlement policies,
planning legislation. The Organization also undertakes consultancy works
on urban development, urban design, spatial planning, etc, besides,
conducting training programme on computer application in planning, GIS,
etc., in collaboration with other national and international agencies. The
major functions of TCPO are:
I) Appraisal and monitoring of central sector projects /
programmes.
II) Advice to the Ministry of Urban Development, Planning
Commission and other Central Ministries in Urban Development
policies and strategies.
III) Technical advice and assistance to State Town and Country
Planning Departments.
IV) Undertaking applied research in areas of topical interest.
V) Preparation of Manuals and Guides on various aspects of
planning and development.
VI) Organizing training programmes, conferences and workshops for
in-service planners and officials in the field of urban and regional
planning and development.
VII) Providing consultancy services in planning projects at various
levels.
VIII) Developing Urban and Regional Information System.
Major on-going and new Schemes
I) Integrated Development of Small and Medium Towns
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Since 1979-80, the Centrally Sponsored Scheme of Integrated
Development of Small and Medium Towns (IDSMT) are in operation in all
states and UTs. It aims at the development of selected regional growth
centers with infrastructure and service facilities so as to enable such
towns to emerge as regional centers of economic growth and employment
opportunities and arrest migration from rural areas and small towns to
large and metropolitan cities. Since inception of the scheme till end of
the financial year 2004-05 central assistance of Rs. 850.49 crores has
been released to 1854 towns. In addition, Rs. 24.05 crores has also been
released to 1202 towns under Central Urban Infrastructure Support
Scheme (CUISS). A status report on IDSMT 2004-05 highlighting the
salient features of the scheme, component wise progress for each state
and UT up to 31.03.2005 is available with TCPO.
II) Urban Infrastructure Development Scheme for Small & Medium
Towns (UIDSSMT)
The IDSMT scheme has been subsumed in the new scheme of “Urban
Infrastructure Development Scheme for Small & Medium Towns
(UIDSSMT)” recently launched by the Government on 3rd December
2005. Guidelines of the new scheme have been circulated to all states
and UT’s. Under the Scheme, TCPO as a member of State Level
Sanctioning Committee, will scrutinize the appraisal reports and provide
technical inputs for clearing / sanctioning of the projects. TCPO will
monitor and scrutinize the quarterly progress report received from the
State Level Nodal Agency and appraise the Ministry from time to time
about the progress of the scheme. TCPO will also be responsible for
preparing the status report of the scheme annually and will help in
organizing the training programmes for the capacity building.
III) Urban Mapping Scheme
Perspective Plan for Dandakarnyathe Urban Mapping Scheme was
initiated during the VIII Five Year Plan to prepare large-scale base maps of
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towns / cities using aerial photography. Under the scheme 53 towns from
different States were covered in two phases. During the first phase 25
towns from 7 States and during the second phase 28 towns from 19
States have been covered in consultation with the State Governments.
The total work of aerial photography and mapping for all the 53 towns has
been completed and maps generated under the scheme have been sent
to the respective State Town Planning Departments which are being used
for urban planning and other related purposes. Out of 53 towns, 28 towns
covered in the second phase are also available in digital format. Further,
to test the efficacy of the maps generated under the scheme, two towns
viz. Khammam and Nainital have been taken up as pilot studies for
generation of GIS database to enable preparation of Master Plan. The
total cost of the scheme for all the 53 towns worked out to Rs 20.19
Crores.
IV) National Urban Information System (NUIS)
During the Tenth Five Year Plan, the Urban Mapping Scheme has been
discontinued and subsumed in the new scheme of National Urban
Information System (NUIS) Scheme. Under NUIS it is proposed to cover
137 towns at an estimated cost of Rs. 66.28 crores. Under the scheme,
funding will be in the ratio of 75:25 between Central Government and
State Government. TCPO is the nodal agency to implement the NUIS
Scheme.
The NUIS comprises broadly two major components with independent but
related objectives, strategies and budget under a single umbrella i.e.
1. Urban Spatial Information System Scheme (USIS)
2. National Urban Data Bank and Indicators (NUDBI)
The National Urban Databank and Indicators component will further
comprise the following two sub-components (1) Housing and Household
Statistics, and (2) National Urban Observatory / Local Urban Observatories
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addressing the indicators aspect. The scheme has been approved by the
Government and operationalized.
V) Permanent Settlement Plan for Tsunami Affected Areas in A&N
Islands
As directed by the Ministry, TCPO as a member of the central team has
surveyed and prepared layout plans for Permanent Settlements for
Tsunami affected areas in Little Andaman, Car Nicobar, Southern group of
Islands, and Great Nicobar of A&N Islands.
VI) Jawaharlal Nehru National Urban Renewal Mission (JNNURM)
JNNURM launched by the Hon’ble PM on 3rd December 2005 will be
implemented by the Ministry during the next seven years. The Mission
envisaged improving urban infrastructure services in the identified cities
to make them efficient and effective centers of growth.
Under JNNURM, Chief Planner, TCPO is a member of the Central
Sanctioning and Monitoring Committee of the Sub-Mission for Urban
Infrastructure and Governance, as well as Sub-Mission on Basic Services
to the Urban Poor. As such TCPO will provide technical inputs for
monitoring and sanctioning of the projects as well as in scrutinizing the
City Development Plans and Detailed Project Reports.
VII) A Comparative Study on Planning Norms, Building Bye-Laws,
Tariff Structure, Land Assembly and Resource Mobilization for
selected Metropolitan Cities, (1999)
This study was a comparative study among the nine metropolitan cities
with regard to Planning Norms, Building Bye-Laws, Tariff Structure, Land
Assembly and Resource Mobilization. It is a useful document which gives
details of all these relevant issues of urban planning and development for
metropolitan cities. The study was funded by Ministry.
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VIII) Building Bye-Laws for NCT Delhi, 2003 (Draft)
On the request of the Ministry, Building Bye-Laws for NCT Delhi, 2003
(Draft) was prepared by a Committee constituted for this purpose under
the Chairmanship of CP, TCPO. As the building bye-laws of NCT Delhi,
1983 have number of amendments in the recent past, it was felt that the
same may be revised/ updated duly incorporating provisions for structural
safety of buildings, rain water harvesting, and barrier free environment for
disabled and elderly persons.
IX) Comparative Transportation Profile in Metropolitan Cities
(Draft), 2003
A comparative transportation profile for selected metropolitan cities was
prepared highlighting important transportation issues in these cities.
X) Model Building Bye-Laws, 2004
The Model Building Bye-Laws was prepared to act as guide to State Town
Planning Departments and Development Authorities to adopt the same as
per their requirements and local conditions.
UDPFI GUIDELINES
GROUP HOUSING
The number of dwelling units are calculated a basis of the density pattern
given in the development plan.
Minimum size of the plot 2250 sq m
In hill towns 5000 sq m
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Max FAR 125(higher far may be given
depending on the pattern of development and should not exceed 150)
Max height 15m (for plot sizes up to 4000
Sq.m) and 26m for plots above 400 Sq.m)
In hill areas 15 m for all size of plots
Number of dwelling units to be calculated on the basis of the net
neighborhood .this may vary between 50 DU’s to 125 DU’s per ha
COMMERCIAL
CLUSTER CENTRE CONVENIENCE SHOPPING
Max ground coverage 40%
Max FAR 60
MAX HEIGHT 15 M
IN HILLS 6 M
SECTOR CENTRE
MAX GROUND COVERAGE 30%
- IN HILLS 35%
MAX FAR 100
MAX HEIGHT 15M
IN HILLS 9M
COMMUNITY CENTRE
MAX GROUNG COVERAGE 25%
-IN HILLS 30%
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MAX FAR 100
MAX HEIGHT 26M
-IN HILLS 15M
DISTRICT CENTRE
MAX GROUND COVERAGE 25%
MAX FAR 125
-IN HILLS 100
MAX HEIGHT 37 M
-IN HILLS 15M
OTHER CONTROLS
Some of the buildings in district centre in hill towns could be permitted up
to 50 m height with the approval of the govt. for achieving an urban form.
Plot (Sq.m) Max ground coverage (%) FAR NO of DU's
Max Height(M)
low income group( mainly for cities/towns)
30 75 150 1 8above 30 up to
5075 150 2 8
normal housing(mainly for large, medium and small town)
above 50 up to 100
65 180 3 12
above 100 to 250
65 180 3 12
above 250 to 500
55 165 6 15
above 500 to 1000
45 120 8 15
above 1000 to 1500
40 100 8 15
above 1500 to 2250
33 1/3 100 12 15
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GO 623
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NATIONAL BUILDING CODES
S.N Plot Area (sq.mt) Maximum FAR No. Maximu
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o.
Ground
Coverage
%
of DUs.m Height
(mt.)
Low-Income Group Housing (mainly for large cities/towns)
1. 30 75 150 1 8
2. Above 30 up to 50 75 150 2 8
Normal Housing (mainly for large, medium and small towns)
3. Above 50 up to 100 65 180 3 12
4.Above 100 up to
25065 180 3 12
5.Above 250 up to
50055 165 6 15
6.Above 500 up to
100045 120 8 15
7.Above 1000 up to
150040 100 8 15
8.Above 1500 up to
225033 1/3 100 12 15
Group Housing
The numbers of dwelling units are calculated on the basis of the density
pattern given in the development plan, taking into consideration a
population of 4.5 persons per dwelling unit.
Minimum size of the plot 2250 sq. mt.
In hill towns 5000 sq. mt.
Maximum ground coverage 35%
125 (higher FAR may be given depending on the pattern of development
and should not exceed 150)
15 mt. (for plot sixes up to 4000 sq. mt.) and 26 mt. for plots above 4000
sq.mt.
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15 mt. for all size of plots.
To be calculated on the basis of the net plot area of a particular
neighborhood. This may vary between 50 DUs. To 124 DUs. Per hectare.
Foreign Mission
Maximum ground coverage 25%
Maximum floor area ratio 75
Maximum height 14mt.
Hostel
Maximum ground coverage 33.33%
Maximum floor area ratio 100
Maximum height 26mt.
Guest House, Boarding House and Lodging House
Minimum plot size 500 sq.mt.
Maximum ground coverage 33.33%
Maximum floor area ratio 100
Maximum height 26 mt.
Dharmshala, Baratghar, and Night Shelter
Minimum plot size 800 sq. mt.
Maximum ground coverage 33.33%
Maximum floor area ratio 75
Maximum height 15 mt.
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Convenience Shopping
Maximum ground coverage 40%
Maximum floor area ratio 60
Maximum Height 15 mt.
In hills 6 mt.
Local Shopping
Maximum ground coverage 30%
In hills 35%
Maximum FAR 100
Maximum Height 15 mt.
In hills 9 mt.
Community Centre
Maximum ground coverage 25%
In hills 30%
Maximum FAR 100
Maximum Height 26 mt.
In hills 15 mt.
District Centre
Maximum ground coverage 25%
Maximum FAR
125
In hills 100
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Maximum Height 15 mts.
Central Business District
Maximum ground coverage 25%
Maximum floor area ratio 150
Maximum height 37 mt.
Some of the building could be permitted up to 50 mt height.
Wholesale Trade/Ware Housing:
Maximum ground coverage 20%
Maximum floor area ratio 60
Maximum height 14 mt.
Primary School
Maximum ground coverage 33%
Maximum floor area ratio 120
Maximum height 15 mt.
Higher Secondary School
Maximum ground coverage 30%
Maximum floor area ratio 120
In hills 100
Maximum height 15 mt.
College
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Maximum ground coverage 25%
Maximum floor area ratio 100
In hills 75
Maximum height 15 mt.
Academic, including administration (45% of the total land area)
Maximum ground coverage 20%
Maximum floor area ratio 80
Maximum height 26 mt.
In hills 15 mt.
Sports and Cultural Activities (15% of the total area)
Maximum ground coverage 10%
Maximum FAR 15
AUDITORIUM / COMMUNITY HALL
Maximum ground coverage 35%
Maximum floor area ratio 100
Maximum height 20 mt.
RELIGIOUS PREMISES
Maximum ground coverage 33.33%
Maximum floor area ratio 66.66
Maximum height 11 mt.
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(Excluding minarets, shikharas and domes)
Police Post
Maximum ground coverage 35%
Maximum floor area ratio 70
Maximum height 14 mt.
Police Station/Fire Post/Fire Station
Maximum ground coverage 25%
Maximum floor area ratio 100
Maximum height 15 mt.
Post and Telegraph Office, Head Post Office
Maximum ground coverage 25%
Maximum floor area ratio 100
Maximum height 15 mt.
Public and Semi-Public Premises
General (in case where specific regulations are not given)
Maximum ground coverage 25%
Maximum floor area ratio 100
Maximum height 26 mt.
In hills 15mt.
FARM HOUSES
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Sl. No.
Size of form Maximum far Maximum height
1 Above 1.0 ha and up to 2.0 ha
100 sq. mt. (including
mezzanine floor)
Single storeyed maximum height 6
mt.2 2.9 ha and above 150 sq. mt.
(including floor)Single storeyed
maximum height 6 mt.
ZONING REGULATIONS AND ITS IMPLICATION IN DEFINING FSI/ FAR
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Zoning is the way the governments control the physical development of
land and the kinds of uses to which each individual property may be put.
City Planners within the Land Use Services Division guide applicants,
citizens, and other governmental agencies through all phases of the
development review process as they relate to zoning regulations. Zoning
regulations are land use regulations and policies that implement
community goals and protect community resources while guiding new
development. Zoning regulations affect all new construction, most
alterations, commercial occupancy changes, property line changes and
most site development activity including some tree cutting and
landscaping.
Zoning laws typically specify the areas in which residential, industrial,
recreational or commercial activities may take place. For example, an R-1
residential zone might allow only single-family detached homes as
opposed to duplexes or apartment complexes. On the other hand, a C-1
commercial zone might be zoned to permit only certain commercial or
industrial uses in one jurisdiction, but permit a mix of housing and
businesses in another jurisdiction.
Subdivision:A subdivision is just what the name implies: it is dividing a
single piece of property into smaller, separate pieces or lots, usually to
sell as a divided piece or to allow for future development. Commonly the
proposed subdivision involves a series of events that include notice and
comment by the public and hearings before area residents and
government officials before approval is given.
Buffer Zoning: Leaving a strip of land to develop a park, a small driving
range, or grass and trees to separate a strictly single-family detached
residential district from an apartment complex is becoming a common
planning approach used by local government and developers.
Down Zoning: It is rezoning of a track of land to less-dense uses.
Examples of down zoning are prohibiting high-rise apartments and
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
allowing only low-rise apartments or single-family homes. Another is
prohibiting industrial use and allowing retail uses. Down zoning is one of
the most popular tools for tightening the screws on development and
curbing suburban sprawl.
Esthetic zoning: One of the most rapidly expanding forms of zoning is
the adoption of esthetic zoning regulation by some communities. These
ordinances describe what is and what is not permissible for a land owner
in terms of landscaping, color schemes, mailboxes, fences, solar panels,
decks, satellite dishes, types of materials, shapes of roof, and so forth.
Esthetic zoning ordinance may require that building plans be submitted
and approved by an architectural review committee before the
"hammering" begins.
Contract zoning: In some communities there is a practice that allows a
property owner to enter into a written agreement with the local
government to rezone certain areas of land, on the condition that the
limitations or restrictions set by the town for those parcels are accepted
by the owner. The conditions would not necessarily be applied to other
similarly zoned parcels.
Spot zoning: Spot zoning occurs when a small area of land or section in
an existing neighborhood is singled out and placed in a different zone
from that of neighboring property. For example, a park or school might be
allowed in a strictly residential area if it serves a useful purpose to the
neighborhood residents.
In some areas of the country the courts have found spot zoning illegal on
the ground that it is incompatible with the existing land use-zoning plan or
in an overall zoning scheme for the community. Whether the exception
carved out is reasonable and supported by the facts, often turns on public
interest, the effect the spot zoning has on the current uses of neighboring
properties, and any ramifications created by the zoning.
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Zoning refers to the assignment of land, by a municipality (typically a city
or county), for a particular use. Common zoning designations are
residential, commercial, agricultural and industrial. Regulations of the
individual municipality dictate what kinds of structures and activities, and
sometimes what size of lots, extraction of natural resources, maintenance
of types of pets or livestock, or other activities, are allowed in certain
zones. Zoning designations often mean different things in different
municipalities. For example, in one city, residential zoning might allow
only single family dwellings, whereas, in another, the same zoning
designation might mean townhouses are allowed. Combinations of zoning
designations can also be applied to the same area. This means you might
find a mixture of businesses and single family homes in an area zoned for
both residential and commercial use. Zoning laws can also be relaxed or
changed from time to time. It is important to know before you buy or
lease space for a biotech company, if the area is zoned for commercial
and/or industrial use, and if there are any proposed changes in the works.
Types of zoning refer to the permitted uses allowed in a particular
geographic location. The zoning regulations may place restrictions on
every use or "occupancy" of land and structures, according to the zoning
type, although certain conditions or special exceptions may be permitted
upon grant of an appeal to the proper board or commission.
Common zoning types (which may each contain sub-types) include:
Residential (dwellings and related uses).
Commercial (businesses, health care, public offices, etc)
Industrial (manufacturing, recycling, mining, etc)
Rural (farming, woods, camps, recreation, other scattered uses)
Within residential zones, for example, there may be sub classifications
such as R1 (single-family dwellings), R2 (duplex), apartments, condos, and
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
permitted related uses such as home businesses, daycare, schools,
churches, and small businesses or public facilities (post office).
Because of the local nature of the regulations it is important that you
contact your local building, planning or zoning officials for specific
information regarding their classifications and restrictions.
Mixed-use development is the practice of allowing more than one type
of use in a building or set of buildings. In planning zone terms, this can
mean some combination of residential, commercial, industrial, office,
institutional, or other land uses.
Residential Developments are within an urban area where there is a
tendency for land uses to aggregate. A residential area is a land use in
which the predominant use is housing. Housing may vary significantly
between, and through, residential areas. These include single family
housing, multiple family housing such as (apartments, duplexes, town
homes (or similar configurations), condominiums) or mobile homes.
Zoning for residential use may permit some services or work opportunities
or may totally exclude business and industry. It may permit high density
land use or only permit low density uses. Residential zoning usually
includes a smaller FAR (floor to area ratio) than business, commercial or
industrial/manufacturing zoning. The area may also be large or small.
In certain residential areas, largely rural, quite large tracts of land may
exist which have no services whatsoever. Because a large distance must
be traveled to access the nearest services, most journeys involve using a
motor vehicle or some other form of transport. This need has resulted in
Residential land development usually existing or planned infrastructure
such as rail and road. The pattern of development is usually set forth in
the restrictive covenants contained in the deeds to the properties in the
development, but may also result from or be reinforced by zoning.
Restrictive covenants are not easily changed as the agreement of all
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
property owners (many of whom may not live in the area) may need to be
obtained to effect a change. The area may also be large or small.
Residential Differentiation:
These are some of the various zones under which Residential Areas fall.
inner city residential
inner mixed zone
established residential
new development
urban-rural fringe
rural residential
sub-regional centers
LAND ASSEMBLING PROCEDURES/ LAND PARCELS IN MAJOR
METROPOLITAN CITIES
Land assembly is often an essential component of the development
process for the project, and the process known as land pooling, land re-
adjustment or land consolidation achieved these objectives in other parts
of the world.
Land is location, and location is the most valuable asset in successful real
estate development. The right land transaction is crucial to each of the
twin objectives of mixed-income housing: increasing the supply of
affordable housing, and increasing the supply of housing near
employment. Acquiring well-located land and then reducing the cost of
land per housing unit is fundamental to successfully offering a proportion
of the housing units at below market rates for rent or sale to low and
moderate income households. The public sector may play a role in
reducing land costs to developers as much as possible. This can happen
through a number of strategies:
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Land can be acquired by donation or grants from foundations Past due
taxes on land can be reduced or eliminated.
Local governments can donate tax-foreclosed property for mixed-income
developments.Land cost can be reduced with federal or state
redevelopment programs that use low-interest bonds to acquire land and
write-down its costs before resale to a developer.Land can be acquired
through non-profit partners like housing authorities, downtown
development authorities, land banks or land trusts
Land assembly involves joining contiguous lots to make one larger parcel
of developable land. Contiguous parcels in an urban area are often too
small to build anything more than one house. Putting land together one
piece at a time can be very expensive for a developer, especially if there
are pollution or title problems. As a result, new developments tend to be
built on the fringe of a developed area where large tracts of undeveloped
land are available, ignoring vacant urban parcels. You can assemble
needed urban parcels through public and private means.
PROCEDURES
1. Meet with stakeholders. You’ll want to include developers, real
estate professionals, lenders, housing authority representatives, and all
affected governmental agencies. This group will work together in all steps
of the process from identifying potential sites to executing agreements for
land purchase.
2. Inventory available public property within the site area. Include
publicly- held property, tax-foreclosures, and donated property.
3. Determine the privately-held parcels that are necessary to
assemble enough land for the site. Available public parcels may not
be large enough or contiguously arranged, in which case it will be
necessary to add privately- held parcels to complete the site.
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
4. Create a redevelopment plan governing the sale of properties that
are deposited or withdrawn from the land bank that includes mixed-
income housing. The bank will be obligated to sell or transfer land from
the bank only if its development is consistent with this plan. Offer sites to
developers consistent with this plan.
5. Form a land bank. Land banks buy properties usually for
environmental preservation or future development. You can create a land
bank in order to turn over abandoned or tax delinquent properties to
nonprofit organizations that can develop them. Some local governments
manage their land banks directly, while other land banks are governed by
a non-profit entity or land trust.
6. Buy the land. Bring together the various landowners to sign a contract
agreeing to pool their land. Joint venture or limited partnerships, land
trusts, neighborhood or community cooperatives or corporations provide
ways to structure these private land assembly agreements.
7. Market your land bank and redevelopment plans. Include property
owners and developers in your marketing efforts.
PLOT AMENITIES
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
1. WHAT IS TDR?
Transfer of Development Rights (TDR) means making available certain
amount of additional built up area in lieu of the area relinquished or
surrendered by the owner of the land, so that he can use extra built up
area either himself or transfer it to another in need of the extra built up
area for an agreed sum of money.
2. Purpose of TDR:
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
The process of land acquisition in urban areas for public purpose
especially for road widening, parks and play grounds, schools etc., is
complicated, costly and time consuming. In order to minimize the time
needed and to enable a process, which could be advantageously put into
practice to acquire land for reservation purposes mentioned above?
3. Legal Basis for TDR:
The Government of Karnataka felt it necessary to amend the K.T.C.P Act
1961 in order to empower the local bodies (Corporations / Planning
Authorities) to permit additional FAR for the land handed over free of cost
whenever such lands are required for road widening, and / or for
formation of new roads or for development of parks, playgrounds and
other civic amenities etc. As a result the Government has inserted a new
section 14B in the K.T.C.P Act 1961.
4. Development Rights Certificate (DRC), whether transferable /
Inheritable:
If the owner of any land which is required for road widening for formation
of new roads or development of parks plays grounds, civic amenities etc.,
those proposed in the plan shall be eligible for the award of Transferable
Development Rights. Such award will entitle the owner of the land in the
form of a Development Rights Certificate (DRC),which he may use for
himself or transfer to any other person.
Calculation of Development Right (DR):
1) ILLUSTRATION FOR USE OF TRANSFER OF DEVELOPMENT
RIGHTS
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Illustration No. 1: In a plot area of 500 square meters at road “A”,
where floor area ratio is 1.5:-
Illustration No. 2: In a plot area of 500 square meters at road “B”,
where floor area ratio is 0.75:-
Illustration No. 3: In a plot area of 500 square meters at road “C”,
where floor area ratio is 0.75 and Development right of 150 Sq.m
originated at road “A” is transferred:-
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
6. Zones of TDR:
Based on the intensity of development, the city is divided into intensively
developed (A-zone), moderately developed (B-zone) and sparsely
developed (C-zone) zones in the plan. The transfer of Development Rights
shall be from intensely developed zone to other zones and not vice versa.
7. Utilization of DRC:
1. The DRC so permitted may be utilized either at the remaining portion of
the area after surrender which will be limited to a maximum of 0.6 times
eligible floor area ratio as additional floor area ratio in lieu of transfer of
DRC, irrespective of road width.
2. The receiving plot shall abut not less than 12 m wide road.
3. The receiving plot can utilize a maximum of 0.6 times the eligible FAR
for that plot.
4. The utilization of DRC in favor of NRI or Foreign Nationals will be subject
to rules and regulations of the RBI.
5. The Authority may charge a fee of Rupees one hundred for grant /
transfer / utilization / revalidation etc., of DRC.
6. The TDR will be allowed to be utilized in multiples of 10 Sq.m only,
except the last remainder.
7. The instrument of utilization of DRC shall have to be executed by both
the parties – transferor and transferee.
8. For each request to utilize the DRC separate utilization form shall be
submitted to the Authority.
9. The utilization form requesting to utilize the DRC shall be valid for six
months from the date of issue of utilization form.
10. The DRC shall be valid for a period of 5 years. However, the same will
be revalidated for a further period of 5 years. The DRC shall however,
shall lapse after expiry of 10 years.
11. The Authority may reject / cancel the grant of DRC in the following
circumstances:
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
a) If any dues payable by the owners of the property to the
StateGovernment / Local Authority, prior to the date of handing over
physical possession of the properties to the (Bangalore MahanagaraPalike)
Authority.
b) Where DRC is obtained by fraudulent means,
c) Where there is a dispute on the title of the land, till settled by the
competent court.
In certain circumstances, the development potential of a plot of land may
be separated from the land itself and may be made available to the owner
of the land in the form of transferable development rights (TDR). These
Rights may be made available and be subject to the Regulations
mentioned below.
The Owner (or lessee) of a plot of land which is reserved for a public
purpose in the development plan excepting in the case of an existing or
retention user or any required compulsory or recreational open space,
shall be eligible for the award of Transferable Development Rights (TDRs)
in the form of Floor Space Index (FSI) to the extent and on the conditions
set out below. Such award will entitle the owner of the land to FSI in the
form of a Development Rights Certificate (DRC) which he may use himself
or transfer to any other person.
However in case of lessee who shall pay the lessor or deposit with the
Planning Authority/Development Authority or Appropriate as the case may
be, for the payment to the lessor, an amount equivalent to the value of
the lessors interest to be determined by any of the said authorities
considered on the basis of Land Acquisition Act, 1894, FSI or TDR against
the area of land surrendered free of cost and free from all encumbrances
will be available to the lessee.
Subject to the Regulation 29.1 above, where a plot or land is reserved for
any purpose specified in section 22 of Maharashtra Regional & Town
Planning Act, 1966, the owner will be eligible for Development Rights
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(DRS) to the extent stipulated in these Regulations after the said land is
surrendered free of cost and after completion of the Development or
construction as per these Regulation if he undertakes the same.
NAGARAPALIKA ACT
The 73rd and 74th Amendment to the Constitution of India is a milestone
in the process of establishing democratic decentralized administration
through local bodies and taking administration to the doorsteps of the
people to ensure economic and social justice. The State Election
Commission (Commission) is a creation of the 73rd amendment of the
Constitution of India. The Commission was created with the responsibility
to conduct election to the Panchayat at various levels. Article 243-K
provides for the powers and responsibilities of the State Election
Commission.
The State Election Commission has been vested with the power of the
superintendence, direction and control of the entire process for conduct
of elections to Three- tier Panchayat Raj Institutions and Urban Local
Bodies of the State Electoral Laws & System.
Elections are conducted according to the constitutional provisions,
supplemented by laws made by State Assembly. The major laws are
Bihar Panchayat Raj Act, 1993, Bihar Municipal Act, 1922 and The Patna
Municipal Corporation Act, 1951. The Bihar Panchayat Elections Rule,
1995 deal with the delimitation of territorial constituencies of Panchayat,
the reservation thereof, the preparation and revision of electoral rolls and
Conduct of Election to the Three- tier Panchayat Raj Institutions. The
Bihar Municipalities constitution of territorial constituencies Rules, 2001
deals with the delimitation of territorial constituencies of Nagar Parishad
and Nagar Panchayat .The Bihar Municipal Election and Election petitions
Rules, 1953 deals with the preparation and revision of electoral rolls and
Conduct of Election to Nagar Parishad and Nagar Panchayat. The Patna
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FLOOR SPACE INDEX/ FLOOR AREA RATIO – AS A TECHNOLOGICAL INTERVENTION IN URBAN DEVELOPMENT
Municipal Corporation constitution of territorial constituencies Rules,
2001 and Patna Municipal Corporation preparation of electoral rolls and
conduct of elections Rules, 1951 deals with the delimitation of territorial
constituencies of Nagar Nigam , the reservation thereof, the preparation
and revision of electoral rolls and Conduct of Election to Nagar Nigams of
the State. The Supreme Court of India has held that where the enacted
laws are silent or make insufficient provision to deal with a given
situation in the conduct of elections, the Election Commission has the
residuary powers under the Constitution to act in an appropriate manner.
The same hold good for the State Election Commissions as well since a
comparisons of Article 324 and Article 243 K of constitutions of India
would show that the State Election Commission has same powers with
regard to Panchayat/Urban Local Bodies Elections as Election
Commission of India has regarding to Parliament and State Assemblies.
SCHEMES AND PROGRAMMES OF INCOME GENERATION
BUILDING PENALIZATION SCHEMES
Government Policy: Large number of unauthorized layouts and
unauthorized buildings are cropping up in all urban areas. Government
with a view to regulate the unauthorized constructions came up with a
Penalization of unauthorized constructions and constructions in deviations
of the sanctioned plan. This was done allegedly to help bring unauthorized
constructions into planning fold and also to remove the threat or fear of
demolition. According to government, it is a one-time opportunity to get
unauthorized constructions regulated.
Stated' Objectives of the Scheme:
To penalize each and every building constructed unauthorized or in
deviation of the sanctioned plan so as to create deterrence against any
such practice.
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To bring all the unauthorized constructions into planning fold and to
regulate the development in urban areas.
To provide an opportunity to the owners of the buildings to regulate
their unauthorized constructions and deviations made to the
sanctioned plan.
To provide relief to several persons who have purchased buildings
without any knowledge about the building regulations.
BUILDING REGULATION SCHEMES
The Government of Andhra Pradesh has ordered the regularization of
unauthorized constructions made up to 30.06.98 in the areas of Municipal
Corporations, Urban Development Authorities and Municipalities in A.P as
per the Government Order Ms.No.373, M.A., dated 1-7-98 and
G.O.Ms.No.419, M.A., dated 30.07.1998. The salient points of the
Government Order for regularization of unauthorized construction are
given below:
1. The Vice-Chairman of U.D.A, can regularize the unauthorized
constructions by collecting penal amounts at the rate of Rs.10/- per
sq. ft. of violated area for individual residential buildings at Rs.15/-
for Institutional Buildings, Rs.45/- for commercial and industrial
buildings.
2. For flats, the penal amount is to be levied at flat rates for
apartments Rs.1,000/- per flat of above 30 sq. mt. area incase of
deviated construction from sanctioned plan and Rs.3,000/- for flats
with an area of 60 sq. mts. and below. In case of unauthorized flats
the penal amount is Rs.8,000/- and Rs.6,000/- per plot respectively
for unauthorized plots.
3. For regularization of huts and tiled roofs, the penal amount of
Rs.750/- will be collected for less than 100 sq.m of plotted area and
Rs.1,000/- for plots between 10% to 200 sq.m area.
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4. Huts constructed in less than 200 sq.m of area can be regularized
without payment of any penalty. For huts constructed in plots above
200 sq.m the flat rate of only Rs.750/- will be levied for
regularization.
5. The Building Regularization scheme will be processed when the
applicant files a Form-A with 20% of the penal amount. The
remaining penal amount will be paid within four months i.e., on or
before 31.12.1998 after the submission of the required documents
as prescribed in Form-B.
DEVELOPMENT CONTROL AND REGULATION CONTROL
Most people only come into contact with the planning system when
decisions have to be taken about whether something can be built in their
area.
Most new buildings or major changes to existing buildings or to the local
environment need consent - known as planning permission.Each
application for planning permission is made to the local planning authority
for the area.The application must include enough detail for the authority
to see what effect the development could have on the area.
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If the planning application is in line with the approved plan, the applicant
can usually expect to receive planning permission within eight weeks for
householders. Approval for larger, commercial developments often takes
longer.
Permitted development: Some types of minor building work - such as a
boundary wall below a certain height - do not need planning permission.
This is because the effect of these developments on neighbors or the
environment is likely to be small, and the government has issued a
general planning permission to authorize them. This is known as
permitted development.
Some areas have special protection against certain developments
because they contain attractive landscape (like national parks) or
interesting plants and wildlife, or because we need to control the spread
of towns and villages into open countryside (like the greenbelt).Some
smaller areas of land also contain ancient monuments that must not be
damaged. Some buildings are specially protected or listed because of
their architectural or historic interest.Your local planning authority can let
you know whether you need permission.If the local authority refuses
permission, the person applying can appeal to the
government.Appeals are dealt with by the Planning Inspectorate.
The legal framework for controlling development in the Region is primarily
provided by the Regional and Town Planning (R&TP) Act, 1966. In this Act
the .Development. is defined as the carrying out of buildings, engineering,
mining or other operations in, or over, or under land or the making of any
material change, in any building or land in the use of any building or land
and includes demolition of any existing building, structure or erection or
part of such building, structure or erection, reclamation, redevelopment
and layout and sub-division of any land.
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The key elements of this legal framework for controlling development are:
1. Government’s sanction to the Regional Plan or Development Plan;
2. Requirement of obtaining Development Permission; and
3. Enforcement and penal provisions against carrying out development
in contravention of Draft or Sanctioned Plans.
In order to ensure that the new development takes place in conformity
with the Draft or Sanctioned Regional Plan, R&TP Act requires that every
person who intends to carry out development in the Region obtains a
permission of the Municipal Authority in whose jurisdiction such
development is proposed. Where the land is situated outside the
jurisdiction of any Municipal area, the permission of the Collector is
required before carrying out the development.
In the Municipal areas or in the areas falling within the jurisdiction of
Special Planning Authority and New Town Development Authority, the
developments are also regulated in accordance with the provisions of
Chapter-IV of the R&TP Act. Section 43 makes it mandatory to obtain
Development Permission before carrying out any development.
No such permission is required for certain types of developments such as:
1. Internal additions and alteration of a building.
2. Works carried out in compliance with any order or direction made by
any Authority under any law.
3. Works to be carried out by the Central or State Government or any
Local Authority which are required for maintenance or improvement
of roads, drains, sewers, pipelines and such other services.
4. Excavation including wells in the ordinary course of agricultural
operation and construction of road for giving access to land for
agricultural purpose.
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The permission can be granted under Section 45 of the Act provided the
development proposed is in accordance with the provisions of the
Development Plan. Sections 52 to 56 of the Act prescribe penalty for
carrying out development which is not in conformity with the
Development Plan and provides for removal of unauthorized
developments.
LAND ACQUISITION ACT
The Land Acquisition Act of 1894 is a legal Act in India which allows
the Government of India to acquire any land in the country.
“Land Acquisition” literally means acquiring of land for some public
purpose by government/government agency, as authorized by the law,
from the individual landowner(s) after paying a government fixed
compensation in lieu of losses incurred by land owner(s) due to
surrendering of his/their land to the concerned government agency.
Purpose of Land Acquisition Act
The land acquisition act of 1894 was created with the expressed purpose
of facilitating the government’s acquisition of privately held land for public
purposes. The word "public purpose", as defined in the act, refers to the
acquisition of land for putting up educational institutions or schemes such
as housing, health or slum clearance, apart from the projects
for rural planning or formation of sites. The word "government" refers to
the central government if the purpose for acquisition is for the union and
for all other purposes it refers to the state government. It is not necessary
that all the acquisition has to be initiated by the government alone. Local
authorities, societies registered under the societies registration act, 1860
and co-operative societies established under the co-operative societies
act can also acquire the land for developmental activities through the
government.
History of Land Acquisition Act
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Regulation I of the land acquisition act was first enacted by the British
government in the year 1824. Its application was throughout the whole of
the Bengal provinces immediately subject to the Presidency of Fort
William. The rules empowered the government to acquire immovable
property at, what was deemed to be, a fair and reasonable price for
construction of roads, canals or other public purposes. In 1850 some of
the provisions of regulation I of 1824 were extended to Calcutta through
Act I of 1850, with a view to confirm the land titles in Calcutta that were
acquired for public purposes.
At that time a railway network was being developed and it was felt
that legislation was needed for acquiring land for the purposes of the
railways. Building act XXVII of 1839 and act XX of 1852 were introduced to
obviate the difficulties pertaining to the construction of public buildings in
the cities of Bombay and Madras. Act VI of 1857 was the first full
enactment, which had application to the whole of British India.
It repealed all previous enactments relating to acquisition and its object.
Subsequently act X of 1870 came in to effect which was further replaced
by land acquisition act 1894, a completely self contained act, in order to
purge some of the flaws of act X of 1870.
After independence in 1947, the Indian government adopted “Land
Acquisition Act-1894” as a tool for land acquisition. Since then various
amendments have been made to the 1894 act from time to time. Despite
these amendments the administrative procedures have remained same.
Contents of legislation
Notification
The process of acquisition begins with the issuance of preliminary
notification, as envisaged under section 4(1) of Land Acquisition Act,
1894. The notification has to be essentially published in the
official gazette and in two daily newspapers circulating in that locality of
which at least one shall be in the regional language. Further, it is also
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necessary that the notification has to be affixed in conspicuous places of
that locality.
Filing of objections
The main objective of issuing preliminary notification is to call for
objections, if any, against such acquisitions from the owners or others who
are having certain interest over the property; giving them an opportunity
to raise their claims against the move of the government for acquiring
their lands. The persons aggrieved by such notification shall file their
objections within thirty days from the date of preliminary notification.
Final declaration
After receipt of objections, the concerned authority shall consider those
objections, and if found unsatisfactory, then a final declaration rejecting
the claims will be issued. Section 6 of the amended Act provides that the
final declaration shall be issued by the authority within a period of one
year from the date of issuance of preliminary notification under section
4(1) of the Act. However, prior to the amendment, the time stipulated
under the Act for final declaration was three years from the date of
publication of the preliminary notification. The final declaration has to be
published as required under section 6(2) of the Act.
Award
Section 11 of the Act provides that after receiving the objections, the
authority will have to hold an enquiry. However, it is necessary that actual
extent of land proposed to be acquired and the value of the land has to be
assessed before starting the enquiry, as required under sections 8 and 9
of the statute. On completion of the enquiry, award will be passed to that
effect and published by the competent authority. After passing the award,
the Collector or the Deputy Commissioner shall send notice to the owners
or their representatives who were not present personally at the time of
passing of the award.
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Time limit
Once the enquiry is concluded, it is the duty of the competent authority to
pass the award within two years from the date of publication of the
declaration under section 6, as envisaged under section 11 A of the Act. If
the authority fails to adhere to the time schedule prescribed under the
Act, the entire proceedings initiated for land acquisition will lapse. After
passing of the award, the Deputy Commissioner or any other competent
authority may take possession of the land immediately, which shall
thereupon vest absolutely with the government, free from all claims,
whatsoever.
Special powers
Section 17 of the Act confers special powers with the concerned authority
wherein passing of award may be dispensed with and yet permits to take
possession of the land notified for acquisition. Further holding of enquiry
can also be waived, as envisaged under section 5 A of the Act. However,
such powers can be exercised only in case of urgency. After passing of the
award, the person whose land has been proposed to be acquired can give
his consent for such acquisition and agree to receive the compensation.
Objections can also be raised against the measurement of the land,
enhancement of compensation or apportionment of the compensation by
filing a written application before the Deputy Commissioner, as provided
under section 18 of the Act, requesting the authority to refer the matter to
the court for determination of the grounds raised in the application. An
application to that effect has to be filed by the person who was personally
present when the award was passed, within six weeks from the date of
the award passed by the Collector. In other cases, the application will
have to be made within six weeks from the date of receipt of the notice
issued under section 12(2) or within six months from the date of the
award passed by Deputy Commissioner, whichever is earlier.
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Compensation
Provision for settlement of dispute pertaining to apportionment of the
compensation amount is available under section 30 of the Act. In such a
situation, the Deputy Commissioner should refer the matter to the court.
The claimant will be entitled to the compensation which is determined on
the basis of the market value of the land determined as on the date of
preliminary notification. According to section 34, if there is delay in
payment of compensation beyond one year from the date on which
possession is taken, interest at the rate of 15 per cent per annum shall be
payable from the date of expiry of the said period of one year on the
outstanding amount of compensation till the date of payment.
The government, under section 16 of the Act is at liberty to withdraw from
acquisition of land except in cases provided under section 36. However, if
the possession of land has been taken, then the government will have no
authority to withdraw from such acquisition.
Procedure for the Land Acquisition
1. Investigation
When a local authority or a company requires a land, an application is
required to be made by it to the revenue authority.
The application should be accompanied with a copy of the plan
showing survey nos., purpose of acquisition and the reason for the
particular site to be chosen and the provision made for the cost of the
acquisition.
After the government has been fully satisfied about the purpose, the
least area needed, and other relevant facts as provided under land
acquisition rules, it will issue a notification under Section 4 of the act
that the particular land is required for public purpose.
One of the revenue officers is appointed as the collector to hold an
inquiry under Section 5-A of the Act.
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After notification the owner is prohibited from selling his property or
disposing of it and prevented from carrying out any works of
improvements for which no compensation will be paid if executed
without prior permission from the collector.
2. Objection and Confirmation
Objections are invited from all persons interested in land within thirty
days from the date of notification.
The objections will be valid on one or more of the following grounds:
I. That the purpose for which the land is proposed for acquisition is not a
public purpose.
II. That the land is not or less suitable than another piece of land for the
said purpose.
III. That the area under acquisition is excessive.
IV. That the acquisition will destroy or impair historical or artistic
monuments or will desecrate religious buildings, graveyards and the like.
The collector after hearing the objections will submit his report to the
government who will finally declare the land for acquisition under the
Section 6 of the Act.
After notification the collector proceeds with the claim. He has the site
marked out, measured and a plan of the same is made.
3. Claim and Award
The collector will issue notices under Section 9 to all persons interested
in the acquisition to file their claim reports.
The collector is not to be a party to the proceedings, is to possess an
expert knowledge on valuation, and offers a fair price to an owner and
checks that the public funds are not wasted.
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The claim filed should contain the names of the claimants and co-
shares if any rents or profits for last three years and a valuation report
of the land from an architect or an engineer.
The government can abandon the acquisition proceedings by simply
canceling the notification. However, in that case compensation has to
be paid under Section 48(2).
In determining the compensation the market value of the land is
determined at the date of notification. The rise and fall in the value
during the period of transaction and notification is taken into
consideration.
Compensation is also payable when:
I. Part of the property is proposed for acquisition in such a manner that
the remainder depreciates in value.
II. When the land notified for acquisition has standing crops or trees.
III. If the person interested has to change his place of residence or
business then the excess rent payable for the new premises is also
considered for compensation.
Matters which are not taken into consideration for the purpose of land
acquisition are:
I. The degree of urgency which has led to the acquisition.
II. Any disinclination of the person interested to part with the land.
III. Any increase in the land value likely to accrue from the use to which
it will be put when acquired.
After necessary inquiries the collector declares his award showing true
area of the land, total amount of compensation payable and
apportionment of compensation if there are more than one owners or
claimants.
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The collector has to make the award under section 11 within a period
of two years from the date of notification.
4. Reference to Court
Any person interested to whom the award is not satisfactory can
submit a written application to the court.
This application should be made within six weeks from the date of
declaration of the award.
5. Apportionment
In apparent of the compensation each of the claimants are entitled to
the value of his interest, which he has lost, by compulsory acquisition.
Thus it is required to value a variety of interest, rights and claims in the
land in terms of money.
Authorities and agencies involved
Union Government
State Government
Public authorities/agencies like DDA, NOIDA, CIDCO
Companies like Reliance, Tata (for SEZs)
The procedure involved for acquisition of land for companies are dealt
with under chapter VII of the act, which requires an agreement to be
entered into by the company with the appropriate government and the
same has to be published in the official gazette. The government cannot
initiate acquisition proceedings without issuing proper notice to the
owners in any of the prescribed mode of service provided under the act
and provide them sufficient opportunity. If any of the provisions envisaged
in the act is violated or mandatory procedures are not followed, then the
entire acquisition proceedings would become void.
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Criticism
The Land Acquisition act has been criticized by groups that view the act as
weak and ineffective, and by groups that view the act as draconian.
People who feel that act is weak argue that the procedure followed is
cumbersome and costly, often resulting in inordinate delay in land
acquisition. This group argues that, the determination of public purpose
should be matter of executive discretion and should not be contestable at
law. It has also been argued that the property valuation techniques are
flawed and that the land owners get to peg the value higher than the real
value, based on ‘potential value’ and ‘opportunity value’ of their property;
resulting in, what is claimed as, a heavy strain on public finances and
restrictions on the scale of development and redevelopment projects.
There is also opposition to the additional payment of solarium to the land
owners, over and above the property value.
People who argue that the act is draconian claim that a number of
projects which have no public purpose attached, as in the case of SEZs,
usurped land from property owners, with the help of the land acquisition
act, at what is claimed as, well below the market value of these
properties. It is argued that, even in the case of projects that are
genuinely for public purposes, there is a considerable difference between
the market value of the property and the value that the land acquisition
officer pays the land owners. It is also argued that the relocation and
rehabilitation of land owners displaced by the actions of the act, is not
followed up adequately, and that this is not covered comprehensively in
the framework of the act. A notable instance of opposition to land
acquisition, through the land acquisition act, includes the violence
incident.
SPECIAL ECONOMIC ZONES
India was one of the first in Asia to recognize the effectiveness of the
Export Processing Zone (EPZ) model in promoting exports, with Asia's
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first EPZ set up in Kandla in 1965. With a view to overcome the
shortcomings experienced on account of the multiplicity of controls and
clearances; absence of world-class infrastructure, and an unstable fiscal
regime and with a view to attract larger foreign investments in India, the
Special Economic Zones (SEZs) Policy was announced in April 2000.
This policy intended to make SEZs an engine for economic growth
supported by quality infrastructure complemented by an attractive fiscal
package, both at the Centre and the State level, with the minimum
possible regulations. SEZs in India functioned from 1.11.2000 to
09.02.2006 under the provisions of the Foreign Trade Policy and fiscal
incentives were made effective through the provisions of relevant
statutes.
To instill confidence in investors and signal the Government's
commitment to a stable SEZ policy regime and with a view to impart
stability to the SEZ regime thereby generating greater economic activity
and employment through the establishment of SEZs, a comprehensive
draft SEZ Bill prepared after extensive discussions with the stakeholders.
A number of meetings were held in various parts of the country both by
the Minister for Commerce and Industry as well as senior officials for this
purpose. The Special Economic Zones Act, 2005, was passed by
Parliament in May, 2005 which received Presidential assent on the 23rd of
June, 2005. The draft SEZ Rules were widely discussed and put on the
website of the Department of Commerce offering suggestions/comments.
Around 800 suggestions were received on the draft rules. After extensive
consultations, the SEZ Act, 2005, supported by SEZ Rules, came into
effect on 10th February, 2006, providing for drastic simplification of
procedures and for single window clearance on matters relating to central
as well as state governments. The main objectives of the SEZ Act are:
1. Generation of additional economic activity.
2. Promotion of exports of goods and services;
3. Promotion of investment from domestic and foreign
sources;
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4. Creation of employment opportunities;
5. Development of infrastructure facilities;
It is expected that this will trigger a large flow of foreign and domestic
investment in SEZs, in infrastructure and productive capacity, leading to
generation of additional economic activity and creation of employment
opportunities.
The SEZ Act 2005 envisages key role for the State Governments in Export
Promotion and creation of related infrastructure. A Single Window SEZ
approval mechanism has been provided through a 19 member inter-
ministerial SEZ Board of Approval (BoA). The applications duly
recommended by the respective State Governments/UT Administration
are considered by this BoA periodically. All decisions of the Board of
approvals are with consensus.
The SEZ Rules provide for different minimum land requirement for
different class of SEZs. Every SEZ is divided into a processing area where
alone the SEZ units would come up and the non-processing area where
the supporting infrastructure is to be created.
The SEZ Rules provide for:
Simplified procedures for development, operation, and
maintenance of the Special Economic Zones and for setting up
units and conducting business in SEZs;
Single window clearance for setting up of an SEZ;
Single window clearance for setting up a unit in a Special Economic
Zone;
Single Window clearance on matters relating to Central as well as
State Governments;
Simplified compliance procedures and documentation with an
emphasis on self certification.
The functioning of the SEZs is governed by a three tier administrative set
up. The Board of Approval is the apex body and is headed by the
Secretary, Department of Commerce. The Approval Committee at the
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Zone level deals with approval of units in the SEZs and other related
issues. Each Zone is headed by a Development Commissioner, who is ex-
officio chairperson of the Approval Committee.
Once an SEZ has been approved by the Board of Approval and Central
Government has notified the area of the SEZ, units are allowed to be set
up in the SEZ. All the proposals for setting up of units in the SEZ are
approved at the Zone level by the Approval Committee consisting of
Development Commissioner, Customs Authorities and representatives of
State Government. All post approval clearances including grant of
importer-exporter code number, change in the name of the company or
implementing agency; broad banding diversification, etc. are given at the
Zone level by the Development Commissioner. The performances of the
SEZ units are periodically monitored by the Approval Committee and
units are liable for penal action under the provision of Foreign Trade
(Development and Regulation) Act, in case of violation of the conditions
of the approval.
The incentives and facilities offered to the units in SEZs for attracting
investments into the SEZs, including foreign investment include:-
Duty free import/domestic procurement of goods for development,
operation and maintenance of SEZ units
100% Income Tax exemption on export income for SEZ units under
Section 10AA of the Income Tax Act for first 5 years, 50% for next 5
years thereafter and 50% of the ploughed back export profit for
next 5 years.
Exemption from minimum alternate tax under section 115JB of the
Income Tax Act.
External commercial borrowing by SEZ units up to US $ 500 million
in a year without any maturity restriction through recognized
banking channels.
Exemption from Central Sales Tax.
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Exemption from Service Tax.
Single window clearance for Central and State level approvals.
Exemption from State sales tax and other levies as extended by the
respective State Governments.
The major incentives and facilities available to SEZ
developers include:-
Exemption from customs/excise duties for development of SEZs for
authorized operations approved by the BOA.
Income Tax exemption on income derived from the business of
development of the SEZ in a block of 10 years in 15 years under
Section 80-IAB of the Income Tax Act.
Exemption from minimum alternate tax under Section 115 JB of the
Income Tax Act.
Exemption from dividend distribution tax under Section 115O of the
Income Tax Act.
Exemption from Central Sales Tax (CST).
Exemption from Service Tax (Section 7, 26 and Second Schedule of
the SEZ Act).
SEZ Approval Status
Consequent upon the SEZ Rules coming into effect w.e.f. 10th February,
2006, Twenty-eight meetings of the Board of Approvals have since been
held. During these meetings, formal approval has been granted to 531
SEZ proposals. There are 143 valid in-principle approvals. Out of the 531
formal approvals, 260 SEZs have been notified.
Land requirements for approved Special Economic Zones:
The total land requirement for the formal approvals granted till date is
approximately 67680 hectares out of which about 109 approvals are for
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State Industrial Development Corporations/State Government Ventures
which account for over 20853 hectares. In these cases, the land already
available with the State Governments or SIDCs or with private companies
has been utilized for setting up SEZ. The land for the 270 notified SEZs
where operations have since commenced involved is approximately over
31405 hectares only.
Out of the total land area of 2973190 sq km in India, total agricultural
land is of the order of 1620388 sq km (54.5%). It is interesting to note
that out of this total land area, the land in possession of the 270 SEZs
notified amounts to approximately over 314 sq km only. The formal
approvals granted also works out to only around 676 sq km.
SEZs- leading to the growth of labor intensive manufacturing
industry
Out of the 531 formal approvals given till date, 174 approvals are for
sector specific and multi product SEZs for manufacture of Textiles &
Apparels, Leather Footwear, Automobile components, Engineering etc.
Which would involve labor intensive manufacturing? SEZs are going to
lead to creation of employment for large number of unemployed rural
youth. Nokia and Flextronics electronics hardware SEZs in Sriperumbudur
are already providing employment to 14577 and 1058 persons.
Hyderabad Gems SEZ for Jewellery manufacturing in Hyderabad has
already employed 2145 persons. Majority of who are from landless
families, after providing training to them. They have a projected direct
employment for about 2267 persons. Apache SEZ being set up in Andhra
Pradesh will employ 20, 000 persons to manufacture 10, 00,000 pairs of
shoes every month. Current employment in Apache SEZ is 5536 persons.
Brandix Apparels, a Sri Lankan FDI project would provide employment to
60,000 workers over a period of 3 years. Even in the services sector, 12.5
million sq meters space is expected in the IT/ITES SEZs which as per the
NASSCOM standards translates into 12.5 lakh jobs. It is, therefore,
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expected that establishment of SEZs would lead to fast growth of labor
intensive manufacturing and services in the country.
PROCESSING………..
1. AIM, OBJECTIVES, METHODOLOGY, SCOPE &
LIMITATIONS
2. RECOMMENDATIONS/ PROPOSALS.
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