1. Goals and objectives of the development of the master plan (the project of the planning of the settlement)
2. Assignment for the design of the layout of the settlement

1. Natural conditions for the suitability of territories for the construction of settlements

1. The main sides and the most important principles of planning, their relationship
2. Requirements for the use of the territories of the main zones of the settlement

1. The planning structure of the settlement, its elements
2. Architectural and planning composition, definition, concepts, its components
3. The most important means and techniques of architectural and planning composition

1. Streets as the basis of the planning structure and architectural and planning composition of settlements

1. Typological and constructive characteristics of residential buildings
2. Sanitary and hygienic and fire safety requirements for the placement of residential buildings

1. Architectural and planning structure and composition of the residential area

1. Conditions for organizing cultural and consumer services for the population
2. Trade, catering and consumer services enterprises
3. Cooperative buildings and complexes of community centers

1. Structure, functions, architectural and spatial composition of the public center

1. The sequence and stages of implementation of measures for the reconstruction of the residential area
2. Social and architectural planning tasks of reconstruction

1. The main tasks of engineering preparation of the territory of settlements
2. Types of engineering measures for the preparation of the territories of settlements

1. Measures to preserve and improve the environment of settlements

1. Organization of an agricultural enterprise as the basis for the location of production facilities
2. Functional relationships between industrial complexes, residential area, agricultural land and roads
3. Sanitary and hygienic zooveterinary and fire safety conditions for the location of production facilities
4. General rules for planning and building the territory of the industrial complex

1. General requirements for the formation of the industrial zone of the city

1. Urban planning requirements for the location of industry

1. A system of indicators for assessing the planning decisions of a residential and industrial area

Zoning of the territory of the settlement (functional, territorial, construction)

The lands of settlements, taking into account the functional use, are subdivided into residential, industrial and recreational zones.

The residential area is intended to accommodate housing stock, public buildings and structures, research institutes and their complexes, as well as individual communal and industrial facilities that do not require the construction of sanitary protection zones, intracity communication routes, streets, squares, parks, gardens, boulevards and other places common use.

The production zone is intended for the placement of industrial enterprises and related facilities, complexes of scientific institutions with their experimental production facilities, communal storage facilities, external transport facilities, and out-of-town and suburban routes.

The recreational zone includes urban forests, forest parks, forest protection zones, water bodies, agricultural land and other lands, which, together with parks, gardens, squares and boulevards located in residential areas, form a system of open spaces.

Within these zones, territories for various purposes are allocated: residential buildings, community centers, industrial, scientific and scientific-production, communal storage, external transport, mass recreation, resort (in cities and towns with medicinal resources), protected landscapes.

On the territory of small and medium-sized rural settlements, as a rule, there are residential and industrial zones. On the territory of large and large rural settlements, it is necessary to allocate all functional zones.

In historical cities, zones (districts) of historical buildings should be distinguished.

Subject to sanitary and hygienic and other requirements for the joint placement of objects of different functional purposes, it is allowed to create multifunctional zones.

In areas exposed to hazardous and catastrophic natural phenomena (earthquakes, tsunamis, mudflows, floods, landslides and landslides), the zoning of the territory of settlements should be provided taking into account the reduction of the risk and ensuring the sustainability of functioning. Parks, gardens, outdoor sports fields and other building-free features should be located in areas with the greatest risk.

In seismic areas functional zoning the territories should be envisaged on the basis of microzoning according to seismicity conditions. At the same time, areas with less seismicity should be used for building.

In areas with difficult engineering and geological conditions for development, plots are used that require lower costs for engineering training, construction and operation of buildings and structures.

A distinction should be made between functional and territorial zones. The land of settlements may include land classified in accordance with the town planning regulations to the following territorial zones:

1. residential;
2. public and business;
3. production;
4. engineering and transport infrastructures;
5. recreational;
6. agricultural use;
7. special purpose;
8. military facilities;
9. other territorial zones.

The boundaries of territorial zones must meet the requirements for each land plot to belong to only one zone.

Land use and development rules are established town planning regulations for each territorial zone individually, taking into account the peculiarities of its location and development, as well as the possibility of territorial combination different types use land plots(residential, public and business, industrial, recreational and other types of land use).

For land plots located within the boundaries of one territorial zone, a unified urban planning regulation is established.

If the residential area of ​​the settlement is built up with houses of different types, number of storeys and from different building materials, then it is advisable to carry out construction zoning of a residential area. The allocation of building territories with houses of different types, number of storeys and using various building materials from which they are erected is called construction zoning. Such zoning allows for better systematization of residential areas. In this case, the territory of the settlement will be used more efficiently, and the costs of landscaping and engineering facilities will be more optimal. When placing residential buildings on the territory of a rural settlement, three main construction zones are distinguished: small and medium-storey multi-apartment (sectional) buildings; buildings with blocked houses; homestead buildings residential buildings... When placing a residential area in the suburbs, medium-sized and small towns, an additional multi-storey building zone is distinguished.

The task of construction zoning is to establish the boundary between construction zones. This is done in two ways. The first - the border is established on the territory of the quarter, the second - the border coincides with the axis of the street. The choice depends on the characteristics of the existing and projected buildings. With the first method of forming the border of the zone, both sides of the street are built up with houses of the same types, number of storeys, achieving greater architectural expressiveness. At the same time, the costs of landscaping and engineering equipment of the street are reduced, opportunities are created for its better organization. With the second method of placing the border of the zone, the architectural expressiveness of the street is reduced.

In the case when the plots of sectional buildings are adjacent to the private plots of individual and blocked buildings, they are separated by a strip of green spaces.

In rural areas, for the effective use of engineering equipment and reduce the cost of improvement, sectional apartment buildings to be placed in the central part of the settlement, near the community center, and sometimes included in the composition of the community center. Individual houses it is better to place it around the periphery of the living area. Under appropriate conditions, mixed development can be envisaged in residential blocks.

Construction zoning is optional. However, when compiling the cartographic part in tabular form (explication), it is necessary to provide a quantitative expression of the housing stock, buildings and the construction of a public and business zone by types of construction zoning.

© Mikhalev Yu.A. Basics of urban planning and planning of settlements. Tutorial/ Krasnoyarsk State Agrarian University - Krasnoyarsk, 2012 - 237 p.

Urban zoning: types and legal significance

Urban zoning is carried out through the development of Land Use and Development Rules. Land use and development rules - ϶ᴛᴏ a normative act adopted by a representative body of local self-government, supplementing and developing the main directions legal regulation urban planning activities, indicated in the documents of territorial planning, which is the middle link in the legal mechanism of urban regulation. Through the rules of land use and development, the interconnection of two other groups of urban planning documentation is carried out: territorial planning and planning, as well as a regulatory impact on the economic activity of the right holders of individual real estate objects in the territory of the municipality is exerted. In contrast to Soviet times, when the provisions of the master plan were concretized immediately by the rules of building, in a market economy, a more complex search for a balance of private and public interests is necessary, both between public authorities and the rightholders of land plots and real estate objects located on them, and between businesses. , the authorities and civil society, all the more insistently demanding that his opinion be taken into account. It is impossible to carry out the solution of this problem otherwise than through the development, public discussion and adoption of the Rules for Land Use and Development.

The objectives of urban planning zoning are: creating conditions for sustainable development of territories municipalities, preservation of the environment and objects cultural heritage; creation of conditions for planning the territories of municipalities; ensuring the rights and legitimate interests of individuals and legal entities, incl. the right holders of land plots and capital construction objects; creation of conditions for attracting investments, incl. by providing an opportunity to choose the most effective types of permitted use of land plots and capital construction projects.

We cannot agree with the opinion that urban planning zoning operates exclusively on the lands of settlements, and that this conclusion follows from Art. 85 of the Labor Code of the Russian Federation, "in accordance with which the composition of the lands of settlements may include land plots assigned in accordance with town planning regulations to certain territorial zones".

In our opinion, by virtue of Part 1 of Article 31 of the Civil Code of the Russian Federation, the preparation of the draft rules for land use and development is carried out in accordance with to all territories settlements, urban districts, as well as their parts, with the subsequent introduction of changes in land use and development rules relating to other parts of the territories of settlements, urban districts. At the same time, it is obvious that within the boundaries of any municipality there may be land plots belonging to different categories of land.

Urban zoning, the result of which is the rules of land use and development, is the division of the territory of the municipality into different territorial zones with the establishment of the boundaries of these zones, each of which is endowed with its own, differentiated legal status. At the same time, along with the establishment of certain types of incentives for urban planning activities, certain restrictions may be introduced on certain types of land use (construction and reconstruction of real estate). Consequently, the nature of the urban development of the territory is regulated by both increasing and deliberately lowering the attractiveness of using certain territories and land plots, which also makes it possible to identify those that are necessary for the implementation of public interests.

It should be noted that in addition to urban planning zoning, the legislation mentions more than ten different types of “zoning” that are not very closely related to each other, incl. price zoning, economic zoning, territorial valuation zoning, etc. A number of normative acts mention construction zoning, functional zoning, ecological zoning of several types (for example, zoning of the Baikal natural territory or functional zoning in national parks), zoning of the territory for the placement of horticultural, vegetable gardening and dacha non-profit associations, etc. At the same time, many of the above types of zoning as a legal procedure will continue to coexist with urban planning zoning, without conflicting with its tasks and solving their own.

V legal regulation mechanism the institute of urban planning zoning occupies a special place. It contains the criteria for the legality of the behavior of subjects of land and other legal relations, since it specifies the signs of the composition of administrative (and not only) offenses recorded in blanket legal norms, acts as a criterion for the legality (illegality) of the behavior of subjects of legal relations. The state of such institutions as the right to a healthy environment, responsibility for land and other offenses ( unauthorized construction etc.) depends on the use of the land plot in accordance with urban planning regulations established for each territorial zone. Of the powers of the owner of a land plot (possession, use, disposal), urban planning zoning (as well as urban planning legislation in general) affects the implementation of only one of them - the right to use(to a lesser extent, disposal) of a land plot, regulating it in the public interest.

The specifics of modern urban planning activities impose special requirements on the form of documents through which a regulatory impact on the behavior of participants in urban planning legal relations is carried out. For this reason, in the structure of land use and development rules, three separate blocks, united by the general principles of formation, but differing in the content of the materials:

a) the procedure for applying the rules of land use and development and making changes to them. Along with the provisions specified in Part 3 of Article 30 of the Civil Code of the Russian Federation (on changing the types of permitted use, on holding public hearings, etc.), detailed in a number of its other articles, this procedure also includes provisions on the regulation of "other" issues of land use and development. ... These “other” questions may include various aspects. urban planning land plots, for example, in terms of reconstruction of capital construction objects, land surveying, preparation of land plots on common lands, etc.

b) a map of urban planning zoning. The main purpose of this map is to graphically display territorial zones. It is allowed to draw up both a single (general) map of the urban district (settlement), and several maps by city districts (rural settlements), or separate maps by restrictions (separately maps of sanitary protection zones, separately maps of water protection zones , maps of cultural heritage sites, etc.). Such zones with special conditions can be located both within one territorial zone, and in several. At the same time, regardless of the compilation of individual maps, the boundaries of zones with special conditions for the use of territories should be fixed on the general map of urban planning zoning. Consequently, the forms of presentation of the material are not imperatively defined. At the same time, the following basic zoning norms have been determined:

The site belongs to only one zone (the situation is not allowed when, for example, half of the land plot enters the residential area, and half of the plot enters the production area);

Territorial zones are not established in relation to one land plot. This norm is a logical continuation of the urban regulation strategy laid down in the old Town Planning Code. This norm is aimed at the long-term development of the territories of municipalities, and it is not formulated imperatively, allowing the establishment of a territorial zone for one site as an exception. A distinctive feature of the urban planning zoning map is the consolidation of its legal meaning.

c) town planning regulations. The regulation consists of three parts. The first establishes the types of permitted use of land plots, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction projects. The second part determines the limiting (minimum and (or) maximum) sizes of land plots and the limiting parameters of the permitted construction, reconstruction of capital construction facilities. The third part contains restrictions on the use of land plots and capital construction projects.

Let us consider sequentially the last two elements of the Land Use and Development Rules as a tool for urban zoning.

Urban zoning map and its legal meaning. The process of developing a map of urban planning zoning is carried out on the basis of the adopted procedure for applying the rules of land use and development, with the subsequent establishment of the corresponding urban planning regulations on its basis. The zoning map of the territory specifies the directions for the implementation of the state spatial policy, determined in the documentation of territorial planning, based on the prospects for the socio-economic development of territories, their natural and climatic conditions, demographic, historical, cultural and other features. The development takes into account forecasts of the socio-economic development of the territory, information about the state of the living environment, engineering, transport and social infrastructures, engineering protection of territories, engineering and geological knowledge and environmental conditions, objects of cultural and natural heritage.

The main appointment maps of urban planning zoning of the territory is: the introduction of urban planning regulations, giving them legal status and provision of legal guarantees for the use of land plots and other real estate objects for their rightholders, as well as persons wishing to acquire the right of ownership (lease) to a land plot; creation of conditions (setting parameters) for the implementation of urban planning policy, long-term development of the territory and the formation of land plots, their provision using public auction procedures; attracting investments in the development of land plots and other real estate objects by providing an opportunity to choose the most effective option for the use of land plots and other real estate objects within the limits established by town planning regulations; commensurability of public (state and municipal) and private interests in solving issues of spatial organization of the territory, implementation of development plans for the territories of municipalities, taking into account the extremely important preservation of the natural and cultural-historical environment; ensuring free access of citizens to information for the purpose of their participation in decision-making on land use and development issues through public hearings.

Urban zoning map is a priority type of documentation in the system of land use and development rules. It defines: the boundaries of settlements within municipalities; boundaries of territorial zones with an established legal regime, including incentives and restrictions on the use of real estate; the boundaries of the appraisal zones for the determination of the value of land plots and the mass appraisal of real estate; territories, conditionally possible for the development of their construction, as well as unfavorable for use to varying degrees; sanitary protection, protective and security zones of industries, specially protected natural areas, cultural heritage sites, engineering and transport facilities and communications; boundaries of forest lands, water resources, lands of specially protected natural areas of federal, regional and local significance, defense lands, as well as the boundaries of agricultural lands located outside the boundaries of settlements; boundaries of urban forests and other green spaces, zones of spread of floods, flooding, areas of occurrence of minerals; zones of limited use of territories in areas of hazardous natural and man-made processes, incl. areas of increased noise, vibration, environmental pollution by thermal, electromagnetic, ionizing, radiation and other types of physical influences, as well as areas of villages, tsunamis, high seismicity; the boundaries of the territories for the allocation of land plots of existing objects in public ownership, the proposed areas for reserving territories for their placement, etc.

Urban planning policy pursues the goal of harmonizing interests, bringing them to balance ratios. The balance of interests is reflected in the composition and content of urban planning regulations that provide stable and relatively constant links between the content of measures for the spatial transformation of the territory in a graphical form, fixed in the urban planning zoning map, and in text form (description of regulatory parameters), which together form the legal basis for the implementation of territorial the policy pursued by public authorities at the appropriate level. Practical implementation and control over the implementation of land use and development rules is conditioned by the establishment of links between the designated type of territorial zone and the legal regime for the use of the territory within the boundaries of each zone. These links are ensured by appropriate instruments - regulations, performing a regulatory role and enhancing the objectivity of adopted urban planning management decisions.

The existing practice of urban regulation provides a number of grounds for judicial appeal against illegal actions and decisions of state and municipal officials, who often make attempts to change the procedure for adopting the Rules for land use of development, provided for by the Civil Code of the Russian Federation, replacing them with a kind of `` surrogates '' of the Rules adopted `` temporarily '' and restricting the rights of citizens and their associations in the sphere of urban planning activities. Until recently, the most typical such examples were “temporary regulations” ᴦ. Petersburg and "temporary regulations" in the city district of Volgograd.

Thus, in accordance with the law “On the Basics of Regulation of Urban Planning Activities on the Territory of St. Petersburg”, the temporary regulations for the development of the territory were to be in effect until January 1, 2007 or until the approval of the Rules for Land Use and Development.

Beneath them is the Law ᴦ. Petersburg understood the documents approved by the Government of St. Petersburg that establish the permissible types of use of real estate objects and architectural and construction parameters of development on a part of the territory of St. Petersburg, the boundaries of which are established by a graphical diagram included in the documentation of temporary regulations for the development of territories. The types of use of real estate objects and architectural and construction parameters of development are established by the temporary regulations for the development of territories in accordance with the approved urban planning documentation and the General Plan of St. Petersburg in the composition determined by the Urban Planning Code Russian Federation for urban planning regulations of territorial zones as part of land use and development rules. The legal regime established by the temporary regulations for the development of a territory applies equally to all land plots and capital construction projects in the respective territory. The procedure for the development and approval of temporary regulations for the development of territories is approved by the Government of St. Petersburg. After the approval of the documentation of urban planning zoning, the temporary regulations for the development of the territories included in the corresponding territorial zones become invalidʼʼ.

Another example of this approach was the Resolution of the Head of Administration ᴦ. Volgograd from July 11, 2008 ᴦ. No. 1324 “On Approval of Temporary Town Planning Regulations for the Development of Certain Areas of Volgograd”. It is noteworthy that these regulations were approved ʼʼ in order to establish within the boundaries of individual territorial zones (residential and public-residential) the types of permitted use of land plots, limiting sizes land plots and limiting parameters of permitted construction, reconstruction of capital construction facilities, as well as restrictions(italics mine - AA) use of land plots and capital construction objectsʼʼ. Note that, by virtue of Part 3 of Article 55 of the Constitution of Russia, the rights and freedoms of a person and a citizen are limited by federal law only to the extent that it is extremely important in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the stateʼʼ. The establishment of such restrictions by the decree of the head of the municipal formation, the presence of which the federal law (the Civil Code of the Russian Federation) does not even presuppose, is, at least, illegal. Such restrictions can be established only by the Rules adopted in accordance with the procedure stipulated by the Civil Code of the Russian Federation.

Consequently, the surrogate nature of both documents was that they were adopted without a public hearing and were approved not by a representative, but by an executive authority (although these rules as a document of urban planning zoning, from the point of view of the City Code of the Russian Federation, should be adopted by a representative body and with the obligatory holding of public hearings ). Consequently, the adoption of such documents meant an attempt to bypass the requirements of openness and transparency in the development of urban planning documentation, provided for by the City Code of the Russian Federation.

If the Rules for Land Use and Development are adopted in the order established by the City Code of the Russian Federation, their legal significance is to fix the boundaries of territorial zones on the urban planning zoning map, the list of which is contained in Article 35 of the City Code of the Russian Federation. Within each territorial zone, several subzones should be allocated, differing in the features of urban development of territories, a set of permitted types of land use and parameters building changes real estate for these types of land use. The map (s) of urban planning zoning may contain a description of the boundaries of territorial zones. When defining the boundaries of territorial zones on the diagrams, their name and town planning regulations are established individually, in relation to different parts of the territory of the municipality. The number of allocated zones (subzones) is determined by the town-planning specifics of various municipalities and their size, the degree of territorial dismemberment, the functional structural organization of the territory, the peculiarities of the formation of the natural and anthropogenic landscape͵ as well as the prospects for the spatial development of the territory, determined during the development of the master plan. The latter circumstance determines a set of practical measures (urban planning incentives or prohibitions (restrictions) of certain types of land use and development) taken into account when developing a zoning map.

Residential areas are designed to provide comfortable and healthy living conditions for the population of the municipality. The specificity of these zones is the predominance of residential buildings in them, with the assumption of the construction of a large number of multi-storey residential buildings. The allocation of appropriate subzones within a residential zone is determined by the actual structure of the housing stock in accordance with the needs of various population groups. Newly formed residential development requires taking into account the needs of demographic and consumer groups, and must correspond to different (differentiated) preferences of citizens (their social and consumer opportunities). The most common type of urban planning transformations in the current urban development is its reconstruction.

Development zones for individual residential buildings are allocated for the preferential construction of individual (isolated) and blocked residential buildings with adjoining plots intended for the residence of one family as the main type of permitted use. They provide conditions for the formation of low-density residential development with a minimum set of service functions and public spaces, open areas for agricultural use, as well as a small-scale service infrastructure (schools, small clinics, pharmacies, public baths).

Ancillary types of permitted uses in them include parking spaces for one car or the placement of a separate garage, the installation of autonomous (alternative) energy sources, such as a heating plant or other local technical means service. All types of commercial services are conventionally permitted for the use of land and real estate.

Zones of low-rise residential buildings(houses for two or three families and three-story houses) are allocated for the formation of specific, using special planning methods, town-planning formations, with a relatively low building density and the number of residents. The main permitted uses in this area are single or combined homes for one, two or three families, as well as apartment buildings. Gardens, vegetable gardens, small objects of services to the population are also allowed. Ancillary permitted uses include small parking and commercial service facilities that occupy small space in residential buildings, and isolated service infrastructure facilities.

In development zones with mid-rise residential buildings the main types of permitted use are combined houses of two and three families, as well as apartment buildings for 4-5 families. Local daily service points, schools, clinics serving residents of the area are also permitted. Ancillary permitted uses include the provision of various services that occupy a small proportion of residential buildings. Conditionally permitted uses of land and real estate are the placement of large commercial shopping centers for servicing the population or hotels.

Building zones for multi-storey residential buildings... The main permitted uses include only apartment buildings (no individual houses), as well as a large number of nearby service establishments and commercial uses. Ancillary permitted uses include clinics, commercial and other facilities, and service points that occupy a small proportion of residential buildings. Territory uses requiring a special permit (conditionally permitted) include tourist and recreational activities, as well as some uses of land and real estate, which are determined by the interests of larger parts of the territory of the municipality (for example, markets and administrative buildings) ...

The composition of the territorial zones established within the boundaries of settlements may include agricultural areas(including zones agricultural land), as well as zones occupied by agricultural facilities and intended for agriculture, summer cottages, gardening, development of agricultural facilities (part 10 of article 35 of the Civil Code of the Russian Federation). According to clause 11 of Article 85 of the RF Labor Code, land plots within zones of agricultural use in settlements - land plots occupied by arable land, perennial plantations, as well as buildings, structures, agricultural structures, are used for agricultural production until the moment changing the type of their use in accordance with master plans settlements and rules of land use and development. A comparative analysis of these and other norms of the two codes allows us to conclude that the mention of Part 10 of Article 35 of the Civil Code of the Russian Federation agricultural land as part of the zone of agricultural use of settlements contradicts clause 2 of article 77 of the Labor Code of the Russian Federation, which considers agricultural land as part of the category of agricultural land, as well as part 6 of article 36 of the Civil Code of the Russian Federation, which does not provide for the establishment of urban planning regulations for agricultural land. Moreover, paragraph 11 of Art. 85 of the Labor Code of the Russian Federation being included in the category of land of settlements agricultural land does not suggest. It follows from this that it is extremely important to bring Part 10 of Article 35 of the Civil Code of the Russian Federation in accordance with paragraph 11 of Article 85 of the Labor Code of the Russian Federation.

At the same time, when considering the legal regime of this territorial zone, it should be noted the problem of urban planning zoning associated with the allocation of territorial zones for gardening and dacha farming. On this issue, the legislator takes a dual position: land plots with garden and country houses are included both in the residential area and in the area of ​​agricultural use. Considering that in the light of the Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 ᴦ. No. 7-P In the case of checking the constitutionality of the second paragraph of Article 1 of the Federal Law On horticultural, vegetable gardening and dacha non-profit associations of citizensʼʼ in connection with complaints of a number of citizensʼʼ gardeners are equal in rights with dacha owners, and garden plots now the construction of residential buildings is allowed, the practice of urban zoning (especially in urban districts) should go along the path of including such land tracts in residential zones. Accordingly, within the framework of such a zone, the placement of infrastructure funds and the construction of small service facilities, for example, shops, will be allowed.

Public and business zones are created to streamline several types of use of the territory and the implementation of trade, office, administrative, cultural, educational, service, service and entertainment functions. The nature of consumption of these functional processes is characterized by mass character and selective consumer preferences. These functions mainly gravitate towards their location in the central part of cities and some other territories characterized by sufficient transport and infrastructure provision, which creates opportunities and conveniences for consumers to receive goods and services.

V production areas, engineering and transport infrastructures facilities for production and business purposes are located (research institutes with pilot plants, trade enterprises with maintenance shops, information centers with a publishing and printing department), industrial (food and light industry, instrument making, mechanical engineering, production of building materials), communal storage (territory of CHP , aeration stations, boiler houses, electrical substations, gas distribution units, waste processing plants, other structures of the municipal engineering infrastructure, storage facilities, parking for mechanical cleaning machines), transport and engineering facilities and are formed in the form of industrial buildings and production zones. In accordance with the ongoing urban planning policy in our country, the priority area of ​​activity related to the spatial transformation of the territory with a predominance of production functions, the placement of engineering and transport infrastructure facilities is their reconstruction.

The presence of industrial territories within the boundaries of public and residential areas, which differ in the following characteristics, is not allowed: according to the hazard class of the industries located on them, they violate (may violate) the environmental safety requirements of residential and public areas; in terms of the number of employees, they contradict the purpose of residential areas, multifunctional and specialized public centers; in terms of the size of the territories, they violate the functional planning organization of residential and public territories. On plots of residential, mixed residential development, industrial enterprises with an area of ​​not more than 200 sq. m, built-in or occupying part of a house without a production area, environmentally friendly.

Part recreational areas zones may be included within the boundaries of territories occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, beaches, as well as within the boundaries of other territories used and intended for recreation, tourism, activities physical education and sports (part 11 of article 35 of the City Code of the Russian Federation).

When considering this norm in the context of other norms of the Civil Code of the Russian Federation, the following becomes clear. In accordance with Art. 1 of the City Code of the Russian Federation, common areas - territories that are freely used by an unlimited number of people (including squares, streets, driveways, embankments, squares, boulevards). In accordance with part 4 of article 36 of the Civil Code of the Russian Federation, the city planning regulations do not apply to sites located within the boundaries of common areas. It follows from this that the GradK of the Russian Federation allocates a separate territorial zone, consisting mostly of common areas, for which it is impossible to establish urban planning regulations. In our opinion, this approach of the legislator is not logical.

Part zones of specially protected areas includes land plots of special nature conservation, scientific, historical and cultural, aesthetic, recreational, health-improving and other particularly valuable value.

Part special zones This includes land occupied by cemeteries, crematoria, cattle burial grounds, waste disposal facilities and other facilities, the placement of which should be provided only through the allocation of these zones and is unacceptable in other zones. The need for the allocation of this zone is that there are 60,963 cemeteries on the territory of Russia, which occupy an area of ​​3 million 700 thousand hectares. For example, in the Moscow region, where Moscow also buries, there are 1583 of them. The creation of each new cemetery is very expensive. For example, cultivated 40 hectares, according to some estimates, will have a value of 150 million rubles. At the same time, there are 2,000 crematoria in Japan, 1,400 in the USA, 1,300 in China, and in Russia there are crematoria only in seven regions.

Placement zones can also be highlighted on the urban planning zoning map military facilities, and the above list of territorial zones is not exhaustive. Local self-government bodies may establish other types of territorial zones.

A number of critical remarks have been made in the legal literature regarding the procedure for urban planning zoning, which should be discussed in more detail. So, in particular, it was proposed:

Clarify in the relevant technical regulations ... ʼʼmandatory requirements for the types of territorial zones, for their possible combination and maximum ratio, as well as the types of permitted use allowed in each territorial zone; the types and content of territorial zones should be established taking into account the peculiarities of the purpose of lands of various categoriesʼʼ;

Refuse to establish conditionally permitted uses in town planning regulations as contrary to Art. 7 of the Labor Code of the Russian Federation, or fix in the law the grounds for issuing a permit for a conditionally permitted type of use and the grounds for refusing to issue such a permit.

The final conceptual conclusion is that urban planning zoning should be carried out ʼʼ by identifying urban planning zones, the types of which should be differentiated for lands of various categories and in the town planning regulations of which the main and auxiliary types of permitted use of land plots and capital construction objects ought to be established.

In our opinion, the legislator in no case should use these “recommendations” due to their impracticability and the lack of understanding by their author of the essence of the land and urban planning reform. The fallacy of such judgments, in our opinion, is as follows.

1) the current legislation clearly regulates the legal nature and the mechanism for establishing urban planning and technical regulations, not mixing, but on the contrary, clearly distinguishing the indicated legal categories... Among the fundamental differences between urban planning regulations and technical regulations, it is extremely important to highlight, firstly, approval procedure... Urban planning regulations are approved by an act of the local government, technical regulations, as a rule, by federal law. Secondly, their scope... Urban planning regulations determine the parameters and types of use of the territory of a municipal formation in terms of development and other types of urban planning activities, that is, they determine the external form of urban planning activities in municipalities. Technical regulations contain norms and rules for safe handling construction works(norms of construction, environmental, technical and other safety), defining the very procedure for the safe conduct of construction (internal side).

It follows that technical regulations with all the desire, it is impossible to determine neither the types, nor the ratio or combination of territorial zones, since, by virtue of the direct indication of the law, they are just not meant. The hypothetical implementation of “scientific ideas” by A.Yu. Alexandrova should entail a complete demolition of the existing system of urban planning and technical regulation, the abolition of the Civil Code of the Russian Federation and the introduction of its norms into the Federal Law "On Technical Regulation". Even if this is done by the representative authorities of the Russian Federation, then chaos will ensue in the country due to the impossibility of adequate legal regulation of town-planning relations. At the moment, the types and contents of territorial zones are perfectly regulated by the City Code of the Russian Federation, and there is no sense in the transformations proposed by the author.

2) Article 7 of the RF LC specifies the composition of land categories, and based on its content, it is absolutely impossible to understand how this article may contradict the legal structure of conditionally permitted uses of land plots and real estate, provided for by the RF City Code. We add to this that for most categories of land, urban planning regulations (and, accordingly, the conditionally permitted types of land use provided for by them) are not established, which is directly provided for by part 6 of article 36 of the City Code of the Russian Federation, with the content of which the author is not familiar. Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, conditionally permitted use must be applied within the land category of settlements and suburban areas.

Regarding another, no less strange idea of ​​this author about the extremely important ʼʼ to fix

Urban zoning: types and legal meaning - concept and types. Classification and features of the category "Urban zoning: types and legal significance" 2014, 2015.

1. The composition of the land of settlements may include land plots classified in accordance with town planning regulations to the following territorial zones:

2) social and business;

3) production;

4) engineering and transport infrastructures;

5) recreational;

6) agricultural use;

7) special purpose;

8) military facilities;

9) other territorial zones.

2. The boundaries of territorial zones must meet the requirements of each land plot belonging to only one zone.

The rules of land use and development establish urban planning regulations for each territorial zone individually, taking into account the peculiarities of its location and development, as well as the possibility of territorial combination of various types of land use (residential, public and business, industrial, recreational and other types of land use).

For land plots located within the boundaries of one territorial zone, a unified urban planning regulation is established. Urban planning regulations of the territorial zone determine the basis of the legal regime of land plots, as well as everything that is above and below the surface of land plots and is used in the process of development and subsequent operation of buildings and structures.

3. Urban planning regulations are mandatory for all owners of land plots, land users, landowners and tenants of land plots, regardless of the form of ownership and other rights to land plots.

These persons can use land plots in accordance with any provided town planning regulations for each territorial zone by the type of permitted use.

4. The land plot and real estate objects firmly connected with it do not comply with the established urban planning regulations for territorial zones in the event that:

their uses are not included in the list of permitted uses;

their sizes do not correspond to the limit values ​​established by urban planning regulations.

The indicated land plots and real estate objects firmly connected with them can be used without setting a time limit for bringing them in line with the town planning regulations, except in cases where their use is dangerous for the life and health of people, the environment, historical and cultural monuments.

In cases where the use of land plots that do not comply with urban planning regulations and real estate objects firmly connected with them is dangerous for human life or health, for the environment, cultural heritage objects (historical and cultural monuments), in accordance with federal laws, a ban on the use of such objects.

Reconstruction of existing real estate objects, as well as the construction of new real estate objects, firmly connected with the indicated land plots, can be carried out only in accordance with the established urban planning regulations.

5. Land plots within residential areas are intended for development residential buildings, as well as objects of cultural and household and other purposes. Residential areas can be intended for individual residential development, low-rise mixed residential development, mid-rise mixed residential development and multi-storey residential development, as well as other types of development in accordance with town planning regulations.

6. Land plots as part of public and business zones are intended for development administrative buildings, objects of educational, cultural and domestic, social purposes and other objects intended for public use in accordance with town planning regulations.

7. Land plots as part of production zones are intended for building industrial, communal storage, other intended for these purposes production facilities according to town planning regulations.

8. Land plots as part of engineering and transport infrastructure zones are intended for construction of railway, road, river, sea, air and pipeline transport, communications, engineering infrastructure, as well as other facilities in accordance with town planning regulations.

9. Land plots within recreational zones, including land plots occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, are used for recreation of citizens and tourism.

10. Within the boundaries of settlements, zones of specially protected areas may be allocated, which include land plots that have special environmental, scientific, historical, cultural, aesthetic, recreational, health-improving and other particularly valuable value.

Land plots included in specially protected areas are used in accordance with the requirements established by Articles 94-100 of this Code.

The land plots on which there are objects that are not historical and cultural monuments, but located within the boundaries of the zones of protection of historical and cultural monuments, are used in accordance with urban planning regulations established taking into account the requirements for the protection of historical and cultural monuments.

11. Land plots as part of agricultural use zones in settlements - land plots occupied by arable land, perennial plantings, as well as buildings, agricultural structures - are used for the purpose of agricultural production until the moment the type of their use changes in accordance with the master plans of settlements and rules of land use and development.

12. Land plots of general use, occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects can be included in various territorial zones and are not subject to privatization.

Commentary on Art. 85 of the RF Labor Code

1 - 2. In accordance with paragraph 2 of Art. 7 of the LC, the legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with the zoning of territories. And if the category of land is determined by its intended purpose and the land of settlements is one of the seven categories provided for in Art. 7 ZK, the permitted use is related to the further gradation of the use of certain categories of land. The commented article defines the composition of the lands of settlements, which is completely heterogeneous due to the difference in the purposes of using the land plots included in this category.

As can be seen from clause 1, the lands of settlements consist of territorial zones - residential, social and business, industrial, recreational, etc. determination of their legal status. To understand the basics of regulating the division of lands of this category, as well as their legal regime, it is necessary to turn to the most important legal concepts in the field of zoning.

The zoning institute (currently urban planning zoning) is relatively new to Russian legislation... The active phase of its formation and development is associated with the adoption Urban Development Code 1998 and ZK. In the current legislation, most of the provisions on urban planning zoning are enshrined in the Town Planning Code, adopted in 2004 (Article 1, Chapter 4).

According to the definition of urban planning zoning, which is contained in Article 1 of the Urban Planning Code of the Russian Federation, it means the zoning of the territories of municipalities in order to determine territorial zones and establish urban planning regulations (clause 6). Territorial zones in the same article mean zones for which boundaries are defined in the land use and development rules and town-planning regulations are established (clause 7). Thus, based on these norms, the boundaries of territorial zones should be determined by the rules of land use and development, providing for the establishment of certain urban planning regulations in relation to these zones.

In accordance with paragraph 8 of Art. 1 of the Town Planning Code, land use and development rules are a document of town planning zoning, which is approved by regulatory legal acts of local governments, state authorities of cities of federal significance Moscow and St. changes to it. If we turn to the content of Art. 30 of the Urban Planning Code, dedicated to the rules of land use and development, you can also see that these rules include three parts:

1) the procedure for their application and amendments. This text section includes information on changes in the types of permitted use of land plots and capital construction projects, on the preparation of documentation for the planning of territories by local authorities, on holding public hearings on land use and development, on amendments to the rules, some other information (part 3 art. 30);

2) a map of urban planning zoning. This graphic part of the rules serves to establish the boundaries of territorial zones. At the same time, these boundaries must meet the requirement that each land plot belongs to only one territorial zone (clause 2 of the commented article, part 4 of article 30 of the City Planning Code). This again reveals the principle of the unity of the legal regime of the land plot, which is also associated with the requirement of the Town Planning Code that the formation of one land plot from several land plots located in different territorial zones is not allowed (Part 4, Article 30). As a rule, territorial zones are not established for one land plot;

3) town planning regulations. From the point of view of the current legislation, the importance of urban planning regulations is extremely high. So, according to Part 1 of Art. 36 of the Urban Planning Code of the Russian Federation, urban planning regulations determine the legal regime of land plots, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction facilities. A similar rule is also provided for in paragraph 2 of the commented article. It also follows from it that urban planning regulations are established individually for each territorial zone; at the same time, for land plots located within one territorial zone, a unified urban planning regulation is envisaged.

Based on the definition given in paragraph 9 of Art. 1 of the Town Planning Code, as well as taking into account the provisions of its Art. 30 urban planning regulations are information enshrined in the rules of land use and development (usually in text format) in relation to land plots and capital construction projects located in the corresponding territorial zone:

- on the types of permitted use of land plots, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction facilities;

- on the limiting (minimum and (or) maximum) sizes of land plots and the limiting parameters of the permitted construction, reconstruction of facilities;

- on restrictions on the use of land plots and capital construction projects.

Thus, based on the content of the commented points and taking into account the above provisions of the urban planning legislation, the composition of the land of settlements should be established by the rules of land use and development, which determine the territorial zones (with the distribution of lands that make up the land of settlements) and town planning regulations for these zones. With the help of these zoning documents, the legal regime of land plots that are part of territorial zones is determined.

It should be emphasized that for the lands of settlements, the importance of land use and development rules and related legal concepts is great. Additional confirmation of this can be the provision provided for in paragraph 14 of Art. 3 of the Federal Law on the implementation of the Land Code, according to which, from January 1, 2010, in the absence of land use and development rules, the provision of land plots for construction from state or municipal property is not carried out. This clause provides for exceptions only for plots for which urban planning regulations are not applicable, as well as for plots provided in accordance with the territorial planning documents of the Russian Federation and the constituent entities of the Russian Federation.

3 - 4. Clause 3 of the commented article gives the town planning regulations the status of binding rights to land by any subject, regardless of whether the corresponding land is in state, municipal or private ownership, and regardless of the type of rights arising in relation to these plots.

It should be noted, however, that the legislation provides for cases when town planning regulations are not applicable. In accordance with Part 4 of Art. 36 of the Town Planning Code, the regulation does not apply to land plots:

- within the boundaries of the territories of some types of historical and cultural monuments (for more details, see the text of the article);

- within the boundaries of common areas (for example, streets, squares, boulevards, squares, etc.);

- occupied by linear objects (for example, power lines);

- provided for the extraction of minerals.

Thus, in all other cases, the adoption of town planning regulations as part of the rules for land use and development is a binding factor for all rightholders of land plots located within the boundaries of the respective territorial zones.

The most important provision, significantly expanding the powers of the rights holders of land plots to use the latter, is the norm enshrined in clause 3 of the commented article that these persons can use land plots in accordance with any type of permitted use from among those stipulated by the town planning regulations for a given territorial zone. In other words, this provision gives the subjects of land rights the right to independently choose any type of permitted use of the site (without the need for prior approval of this type with authorities, other organizations or officials), i.e. specific purpose of its use. The only condition in this case is that it is allowed to choose from the list of permitted uses established by the applicable urban planning regulations. However, it should be noted that this provision should not be broadly interpreted as the unconditional right of the relevant persons to use the property belonging to them solely at their own discretion for any purposes provided for in the town planning regulations, at any time changing it without any procedures and restrictions. The fact is that the type of permitted use of the land plot selected by the rightholder (including the type determined by state or municipal authorities in the preparation and adoption of decisions on the provision of the relevant land, including following the results of the auction) is consolidated in the relevant documentation - decisions on the provision of land plots, agreements on the provision of land on a particular right, certificates of state registration rights to land plots, etc. And until the procedure for the type of permitted use of a land plot is changed according to the procedure established by federal, regional or local regulations and the appropriate changes are made to the documents of title to the plot, its use is permissible only for purposes consistent with a certain type of permitted use.

Taking into account the fact that the rules of land use and development are not yet adopted in all municipalities of Russia and the rights to many land plots arose before the zoning of territories and the approval of urban planning regulations, the establishment of the latter can lead to a contradiction between them, on the one hand, and the existing legal regime of land plots. plots - on the other. According to paragraph 4 of the commented article and taking into account Part 8 of Art. 36 of the Town Planning Code, the inconsistency of a land plot and real estate objects located on it with town planning regulations is recognized as such in two cases: if the types of use of land plots are not included in the list of types provided for by the town planning regulations (for example, we can talk about the use of a land plot for production (industrial) purposes) within the newly established residential area), or if their dimensions (both minimum and maximum), as well as other limit parameters, do not correspond to the limit values ​​defined in the regulations (in the latter case, we are talking about the limit parameters of construction, reconstruction on land plots).

What are the legal consequences of such inconsistency with the provisions of the town planning regulations established later? Answering this question, the Land and Urban Planning Codes do not require the obligatory adjustment of the use of land plots and other real estate objects in accordance with urban planning regulations, i.e. their rightholders can use them in accordance with the previously arisen requirements in relation to the functional purpose and maximum permissible parameters of real estate objects without a time limit, except for cases when such use threatens the dangerous consequences specified in paragraph 4 of the commented article - in these cases, the Code allows to prohibit the use relevant facilities, but only in accordance with federal laws. In other words, for the implementation of this norm, direct indications are required on the possibility of prohibiting the operation of an object exclusively at the level federal laws, but not in any way by-laws or normative legal acts of the constituent entities of the Russian Federation or local authorities.

However, the above applies only to cases where the previously arisen use of real estate objects remains unchanged. If it is necessary to change the parameters of capital construction projects (reconstruction) or the construction of new facilities, compliance with the requirements of town planning regulations is mandatory, which follows from the last paragraph of clause 4 of the commented article. In a clearer way, the essence of this provision is disclosed in part 9 of Art. 36 of the Urban Planning Code, according to which, in particular, the reconstruction of an object can be carried out exclusively by bringing the object into compliance with the town planning regulations, and changing the type of permitted use of a land plot is permissible only by bringing it in line with the types of permitted use provided for by the regulations for a given territorial zone. These provisions, once again emphasizing practical relevance urban planning zoning means that, for example, if it is necessary to increase the area of ​​the building of a production workshop located within a residential area, the town planning regulations of which do not provide for such types of permitted use of real estate, a permit for reconstruction may be refused. However, it is not prohibited to change the permitted use of a land plot for the construction of another object (office building, store, residential building, etc.), which is allowed by the town planning regulations.

5 - 11. Items 5 - 11 are devoted to certain types of territorial zones. Recall that their open list is given in clause 1 of the commented article, containing a mention of eight types of zones - residential, public and business, industrial, engineering and transport infrastructures, recreational, agricultural use, special purpose, military facilities - and an indication of the possibility of existence other territorial zones. At the same time, the ZK itself in paragraph 10 of the commented article names one of the "other" types of zones - zones of specially protected areas. And in the rules of land use and development of various municipalities of Russia, you can also find mention of a considerable number of other zones - communal, industrial zones, zones of water bodies, etc.

The provisions of clauses 5 - 11 disclose the main directions of use of most of the territorial zones named in clause 1. At the same time, in relation to four types of zones - residential (clause 5), public and business (clause 6), industrial (clause 6). 7), engineering and transport infrastructures (p. 8) - some common features of regulation can be identified. Firstly, as the purpose of these zones, the law indicates the development of various types of objects, depending on the type of zone. Secondly, it stresses the need for such development to be carried out in accordance with urban planning regulations (although this also applies to other types of zones). Thirdly, the listing of the types of buildings allowed in a particular zone (types of objects permitted for placement) ends with the words “as well as other types of buildings” or similar to them in meaning, i.e. the indication of the corresponding species is not exhaustive, but only determines the main purpose of a particular zone.

The points under consideration of the commented article are closely related to the provisions of Art. 35 of the City Planning Code, which largely duplicate the provisions of the LC. So, part 1 of Art. 35 of the City Planning Code provides for the possibility of establishing, as a result of urban planning zoning, the following types of zones: residential, public and business, industrial, engineering and transport infrastructures, agricultural use, recreational purposes, specially protected areas, special purposes, placement of military facilities, and other territorial zones. Obviously, this list almost completely coincides with the one provided by the LC.

However, it should be noted that the Urban Planning Code is much more specific and detailed in describing the types of use of individual territorial zones. For example, if the ZK in relation to residential areas establishes that they are intended for development with residential buildings (individual residential buildings, low and medium-rise mixed residential buildings, as well as multi-storey residential buildings), objects of cultural and household and other purposes (paragraph 5 of Art. 85), then the Town Planning Code, referring to approximately the same types of residential development, supplements that in residential areas it is allowed to place detached, built-in or attached social and communal facilities, healthcare facilities, preschool, primary general and secondary (full) general education, religious buildings, parking lots, garages, objects related to the residence of citizens and not having a negative impact on the environment, gardening and dacha farming. A more detailed regulation of the use of territorial zones by the Urban Planning Code can also be traced on the example of some other zones.

Thus, the commented paragraphs of Art. 85 of the LC should be applied in close connection with the provisions of Art. 35 of the Town Planning Code.

The directions of use of some types of territorial zones in the composition of the lands of settlements (first of all, we are talking about zones of specially protected territories and zones of agricultural use) are similar to the types of use of lands for other purposes - lands of specially protected territories and objects, the use of which is regulated by Ch. XVII ZK, and agricultural land, which is devoted to ch. XIV of the Code. However, between these types of land, i.e. included in the zones on the lands of settlements, on the one hand, and assigned to the lands of other categories, on the other hand, there is a fundamental difference. The first, located within the boundaries of the settlement, are subject to the regime established by Ch. XV LC and other provisions of the legislation for the lands of settlements, regardless of their current types of use, and the application of norms on lands of other categories to them is carried out only in the case of a direct indication of this in the section on the lands of settlements (so, according to paragraph 10 of the commented articles, land plots as part of specially protected areas are used in accordance with the requirements of Articles 94 - 100 of the LC, included in the section on the category of lands of specially protected areas and objects). In accordance with the general plans of settlements, their use can be changed in accordance with the established procedure to something else that is not related to the current goals. The latter are located exclusively outside the boundaries of settlements (which is directly stated, for example, in the definition of agricultural land - article 77 of the LC), and therefore have no relation to the lands of settlements and are subject to the regulation of other chapters of the LC and related provisions legislation.

12. This item is dedicated to common land plots, which, of course, are present in every locality.

Firstly, referring to them, the Code names some types of such plots - these are plots occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects (i.e. the list is not closed ). However, taking into account the definition of a land plot provided for in paragraph 2 of Art. 6 of the LC, according to which it represents a part of the surface of the earth, the boundaries of which are described and certified in the prescribed manner, and given that in practice streets, squares, squares, beaches and other objects rarely have boundaries that would be approved with the state cadastral registration (that is, they are often not land plots in the legal sense), the use of the concept of "common land plots" is not always justified with practical point vision. If we turn to the provisions of the Town Planning Code, then in Art. 1, you can find another similar concept - "common areas", which means territories that are freely used by an unlimited number of people (including squares, streets, driveways, embankments, squares, boulevards). According to some other provisions of the Town Planning Code, the boundaries of common areas are designated in territorial planning documents by special lines, which are called "red lines", regardless of whether these territories are formed as land plots or not. In our opinion, the provisions of the commented paragraph of the LC, including the prohibition on land privatization, should be applied to common areas in general, and not only to that part of them, which is land in the legal sense of this concept.

Secondly, the Code does not provide for the allocation of these areas into separate zones and allows them to be included in various territorial zones. This is quite reasonable, since such areas are present in almost any territory. However, it should be noted that by virtue of Part 4 of Art. 36 of the Urban Planning Code, urban planning regulations do not apply to land plots within the boundaries of common areas. This actually means that regardless of the territorial zone in which the common area is included, the town planning regulations established for this zone will not apply to it. The use of these sites should be based on the provisions of the documents of territorial planning of municipalities and documentation for the planning of territories.

Thirdly, the commented item introduces a ban on the privatization of common land plots. In other words, such plots can only be in the state or municipal form of ownership and be provided only for use - permanent (unlimited), free-of-charge fixed-term, lease and sublease.