MÁS Magazine | Fall 2022 Issue - Zoning

Page 1

Magazine

MÁS FALL | 2022

Quarterly by MásDesign

your source for accessible urban planning & Design zoningconcepts ZONING HAS OVERSTEPPED ITS BOUNDS THERE'S A DIRE NEED FOR CHANGING POLICY & APPROACH

Join us, for everyone can help change zoning law and zoning codes - it all sits at the local level.

Zoning - zoning law and zoning codes are connected to a great deal more in your life than you might think or realize. The type of residence you have, the mode of transportation you take, the location of your grocery store, your area's amenities... the list is vast. This fact points to the reach of zoning and how it has grown to an unnecessarily large scale, controlling more factors in our urban development and socioeconomic patterns than originally

is the overall name of the game for zoning law and zoning codes, and they have taken the control component to the extreme and quite literally. The references of "racial zoning" and "class zoning" exist for a reason and are backed by real-time occurrences, where zoning law and zoning codes are utilized to enforce discriminatory agendas. Does this sound like ethical and equitable public policy to you? Although zoning has a land use obligation to ensure vital factors like safety are not neglected, it definitely was not intended to serve selective sectors of our public population at the hands of poor, biased perspectives. How does that translate to land use?

Zoning law and zoning codes are meant to build symbiosis and harmonization between different land uses and to navigate through diverse development within shared physical spaces and infrastructure. As zoning law and zoning codes have taken a step in the direction of limiting land uses (a problematic focus and fixation on what CAN'T be built), they have, consequently, taken a step backwards in impactful, versatile, and sustainable urban development (urban development here meaning all scales of development from neighborhoods to cities). The disaster has hit disastrous limits - the time is now to act and counteract the negative impacts of zoning. We here at MásDesign encourage a return to the original, simple principles of zoning: finding ways for different land uses to coexist and thrive, opening up opportunity at the socioeconomic level, and better equipping our cities for various amenities, modes of transportation, environmental adaptability, and social awareness and growth.

Appreciating your readership as ever, Founder & CEO Creator of MCRP.

MásDesign

|

MÁS MaryDena Apodaca,

Zoning is law and, when applied with inequity, leads to a legal abuse of power with the intention to cause public strife.

~ MÁsDesign

With the energetic buzz from summer beginning to wane into a more subdued state, the time of greater contemplation begins again. And so, we arrive at another MÁS issue, holding a serious topic in hand.

Landintended.usecontrol

Rooting the Theme6 Guest Perspective 8 Key Zoning Types Application - CurrentSolutions1814 Application - MÁSSolutions20 Contents Word on the Design Street24 Concluding Thoughts26 Resources28 Call to Action22

Más is published quarterly by MásDesign. subscribe for free at www.másdesign.com. Editor in Chief MaryDena Apodaca Main Content Creator & Designer MaryDena Apodaca Article Contributor Dan Cahalane EDITORIAL Más If interested in contributing to a future issue of MÁS, please reach out via www.másdesign.com.

zoning has strayed itselflendingto agendas.political

strayedpoliticalfar... & social agendas.

Density & Building Orientation Number of buildings and placement of buildings

|

231 Use or Activity

| Dimension, distance or setbacks from the public right of way and/or existing infrastructure

zoning law/codes

To cut straight to the point from the beginning, zoning is essentially a type of land use control.

| Housed on a particular parcel of land

Zoning codes are zones of allowed land use or development and are intended to separate out land uses into certain categories or based on certain characteristics. Standard land use categories include residential, industrial, commercial, etc.

OORTING

6 | MÁS by MásDesign

The Theme

Zones are defined by three main factors:

Zoning was originally intended to mitigate land use issues or conflicting uses atop shared land. A classic example of this original land use conflict is known as a nuisance. Nuisances are problems from pairing distinctly different land uses that make coexistence very difficult e.g. building a single-family home and a toxic waste dump right next to each other.

In basic form, zoning defines what can and can't be built and sets the spectrum for land uses in an area. Zoning is a legal tool and the codes set by zoning are legal tools as well. The legal power of zoning resides dominantly at the local level of government - such as the municipal level. No federal law exists that specifically regulates land use in urban development.

Building Characteristics

The lowdown on zoning codes

law/codes

policymakers have 1) the direct ability to change zoning, leaving urban planners, designers, and the public at the mercy of lawmakers and 2) zoning can never be far removed from political and socioeconomic agendas, which is a massive problem and source of inequity in our land use development andZoningcommunities.has

Zoning has many forms.

7Fall, 2022 |

A huge takeaway and danger to zoning is that zoning is policy; zoning is Therefore,law.only

Various types of zoning exist and reflect different approaches to and applications of zoning - the most common types of zoning are Euclidean (the most classic and original), Exclusionary, Inclusionary, and Form-Based. These zoning types are defined and explored in more detail in the next section, starting on page 8.

a history of overstepping its bounds

Much evidence points towards zoning overstepping its bounds and exercising too much land use control to the point where it has become very socioeconomically exclusionary and limiting on urban development and land use diversity and versatility.

Zoning

| Euclidean focuses so heavily on the separation of land uses (even to extreme differentiation) that it has led to exclusionary practice and exclusionary zoning overall. To demonstrate, single-family units with a two-car garage requirement are zoned to be the only permitted residential land use in an area, while multi-family residential is not allowed.

| to know & look out for Euclidean

key zoning types

✓ zoned not zoned

8 | MÁS by MásDesign

| Origin of traditional zoning practice.

| Euclidean Zoning is the reason why, in the US, we have a uniformity of land uses in most communities (of all sizes).

| For example, within a typical community, singlefamily residential is given larger portions of land, while office/retail are given smaller areas.

| Named after the US Supreme Court case Euclid v. Ambler, which upheld the power of local government to determine which uses are most suitable in specific zones or on specific propertieseven to the detriment of land owner interests and and their particular land use goals.

9Fall, 2022 |

Exclusionary

| In fact, Exclusionary Zoning aims for as few land uses as possible, which consequently leads to the exclusion of other possible, complimentary land uses.

Zoning

| Multiple instances of Exclusionary Zoning have been driven by an intentional attempt to exclude people of certain socioeconomic backgrounds (i.e. by race and class) and has been referred to as racial zoning.

| Exclusionary Zoning has also led to instituionalizing housing inequality.

source of great inequityzonedonly for certain people ✓

zoning codes implement local plans; however, not all local plans are equitable.

| Socioeconomic divides have resulted directly from Exclusionary Zoning.

| Racial zoning was eventually declared unconstitutional in 1917 in the court case Buchanan v. Warley. However, this did not completely dissolve racial zoning and it still exists today in more discreet ways via suburban development and single-family residential zoning.

| Type of zoning designed to explicitly limit the total number of land use types in an area, community, or neighborhood.

| Inclusionary Zoning has been active in the US since 1971 when the first instance of the zoning type was implemented in Fairfax County, Virginia.

Inclusionary

| Success from Inclusionary Zoning has varied directly due to the variation in the policy definitions and details set by local policymakers i.e. like all forms of zoning, Inclusionary Zoning is also customized. These policies vary in the following important details:

key zoning types

| to know & look out for [continued]

building requirements (type, size, etc.) the locked-in percentage of affordable housing units (10-30%) helps mitigate some inequity

| The overall goal of Inclusionary Zoning is to build and achieve inclusivity in the housing market and to more directly counteract the negative impacts of Exclusionary Zoning.

Zoning

10 | MÁS by MásDesign

whether mandatory or voluntary tenant incentiveseligibility(fordevelopers) - e.g. density timelinebonuses(howlong units must remain whetheraffordable)therentof units is "affordable" (for instance, in the context of the local minimumminimumwage)

| Inclusionary Zoning aims to increase the socioeconomic mix within an area or neighborhood and to increase the overall supply of affordable housing.

| Zoning that requires (in mandate or via incentives) affordable housing units to be included as part of a new development.

Is it really just a question of new construction??

According to HUD, over 400 locations have policiesinclusionary( Planetizen); theirvaries,effectivenesshowever.

| Another argument against Inclusionary Zoning is that it is detrimental to development, manipulates the housing market, and discourages new construction.

| Unfortunately, several states have actually prevented the enactment of Inclusionary Zoning. Some government bodies view Inclusionary Zoning as a way to weaken their land use control.

11Fall, 2022 |

We believe the important question here is not just about new construction periodit's about what type of construction (whether new or existing) is developed.

The states with the mostMassachusetts.California,ZoningInclusionaryare:NewJersey,and

Did you know?

“We live today in cities and suburbs whose form and character we did not choose. They were imposed upon us, by federal policy, local zoning laws, and the demands of the automobile.”

~ Andres Duany | Author

Guest Perspective

Fiscal & Infrastructure

14 | MÁS by MásDesign

“There should be no right or economic hardship associated with having more than a specific number of neighbors, cars, or distance from public rights of way. Those issues are best left to the market to decide...”

At first blush, it feels like it is more trouble than it is worth – leading to prohibitively expensive bifurcated cities while its restrictions reduce the amount of opportunity that small businesses However, if we were to remove zoning we would remove the playbook that businesses and develop property. Businesses and individuals would be forced to litigate the nuisance on basis increasing the risk of developing new or existing properties, negotiate for land approvals thereby driving up the cost of everything in the process. Both outcomes are poor.

In my mind, zoning is failing because it is taking on too many concepts that fall outside the impacts of development for the good of society as a whole. Currently, zoning is tasked with of development, setbacks, height, parking, character, and just about any type of regulation mapped district for.

Zoning in America is a complicated mess. It is a tool that was created in order to balance of development relative to the benefit provided to society as a whole.

In practice, the act of weighing all of these aspects adequately and balancing them effectively full public is highly engaged (they are not), government staff are able to understand and of the market better than the market can (they cannot), and that zoning will be updated comprehensive manner regularly (which is rare). Zoning fundamentally cannot be asked every constituency. It is simply too complicated to do so effectively without burdening the

zoning in the economic context

Zoning, therefore, needs to focus on the role it actually plays in the economy – setting the development. That means creating simple and straightforward rules that lead to emergent behavior and free staff to focus on development’s fiscal and infrastructure impacts of new

balance the impacts of one type expensive housing and businesses have for growth. and private citizens use to on a property by property approvals for development, the realm of balancing with covering uses, density regulation that you can draw a effectively assumes that the and anticipate the direction updated and overhauled in a asked to do everything for the public purse. the rules for land emergent development new development.

decide...”havingpublic

Infrastructure Impacts

These rules should focus on tangible and measurable impacts with a clear public impact such as building massing (preserving light and air), noise impacts (decibels at building), and buffering of hazardous impacts (explosions, ground/water/air pollution, toxic chemicals, air quality). That means forfeiting the regulation of density, building setbacks, parking, character, etc. There should be no right or economic hardship associated with having more than a specific number of neighbors, cars, or distance from public rights of way. Those issues are best left to the market to decide what the highest and best use is relative to the required infrastructure upgrades.

role of zoning in the economy land use rules

15Fall, 2022 |

The Decibel Scale Graphic & Information/Detail Credit: REM Audiology.

|

16 | MÁS by MásDesign

[continued]

Moreover, these rules should not provide conditional or special uses. Uses are either allowed, or not permitted. Any associated regulations should be requirements. This will allow businesses to accurately and quickly determine if an investment in developing at a given site is worthwhile as opposed to wasting time chasing a conditional permit.

| Does not allow for construction of private buildings. Intended as a space for environmentally sensitive, open land, park land, and assorted civic uses.

| Allows for all non-residential development use types. Must be buffered from existing residential uses. Industrial development has the priority for weighing development impact.

| Allows for all non-industrial use types, with new development required to meet massing, noise, and buffer distances from existing residential. Residential development has the priority for weighing development impacts.

Open Space Zoning

2431

I propose four simple zones in which to map these concepts onto:

Employment Zoning

| Allows for all non-industrial use types, with new residential development required to meet the massing, noise, and buffer distances from existing industrial, commercial, and non-industrial development. Nonresidential development has the priority for weighing development impacts.

Industrial Zoning

Mixed Use Zoning

Guest Perspective

~ Dan Cahalane, MCRP, MBA

Most importantly, it will allow for local regulators to focus on providing infrastructure and services to help build the American dream rather than function as the first place to kill Americans' dreams.

Dan Cahalane is a practicing Planner in the U.S. with public policy, economic policy, and environmental experience.

17Fall, 2022 |

These four zoning categories will allow for the market to flexibly adapt to the needs of a town or city as it grows and evolves within several clear and measurable regulations. Populations can grow and housing stock can expand as there are no density restrictions or prohibitive setbacks. Parking will be provided based on the business need and weighed against costs not regulation. Character will be able to evolve and not be locked into the requirements of yesteryear.

Form-Based Zoning Codes focus on the form of buildings, not the specific uses assigned to land. These Codes were developed in response to Euclidean Zoning and its classic consequences: sprawl patterns of development, severe uniformity in building characteristics and other physical elements, negative social and environmental impacts, and less and less investment in older, disadvantaged communities.

18 | MÁS by MásDesign

and legal tool to Euclidean Zoning, Form-Based Codes hone in on the form of buildings instead of land use.

Form-Based Zoning Codes also attempt to encourage more transitoriented development, multi-modal infrastructure, walkability, and more compact, dense urban patterns.

APPLICATIONAsanalternativeapproach

Overall, Form-Based Codes hone in on and attempt to address the relationship between buildings (building facades specifically) and the public environment (i.e. the public right-of-way), the form and massing of buildings in relation to other buildings, and the scale of streets and blocks.

current solutions

it's believed that because form-based codes establish a dynamic between buildings and people more directly, it's simultaneously generating, more effectively, community character.

A glossary of technical terms.

A plan or map of an area with the specific locations where a building form standard is enforced.

A detailing of building standards that set the design parameters for building features, configurations, and functions.

19Fall, 2022 |

The location of public realm or public infrastructure elements, such as sidewalks, on-street parking, and sidewalk planters.

21345

Form-Based Codes contain five specific components that set bare minimum standards and have contributed to its moderate success in addressing zoning issues, especially Euclidean Zoning issues.

the five elements of form-based codes

Form-Based Zoning

The Form-Based Zoning Codes Solution

Developing community character (based on building form)

solutions zoningform-basedcode

An outlined application and review process.

Preventing variety in land use construction and development and with finding the differences between

20 | MÁS by MásDesign

APPLICATIONZoning'stolerance

for different land uses must move away from towards being vast. Selectivity is a failed application of zoning.

Zoning policy (law and codes) problems across different areas look quite similar, as these regulations are oriented around the same flaws and setbacks - the main ones being:

Zoning has essentially been shaped into a system far more controlling and socioeconomically involved (in a negative sense) than it was originally designed to be. Zoning was originally intended as an amenable tool for planning. It now has taken on the role of political instrument, easily manipulated to align with particular development and socioeconomic agendas.Speaking

the language of certain stakeholders

más solutions

equitable community impact and NIMBYism...REALLY?" ~Másdesign

zoning today "...finds issue

Zoning has become blind to its purpose and chaotic in its action.

the solution

21Fall, 2022 |

ScopeFundamentalsandofLimitsNuisanceCheckmate

Zoning is not about allowing certain land uses ONLY - it's about 1) allowing for multitudes of different land uses and how they can coexist and function on shared land and 2) how areas of combined land uses can inform and impact each other sustainably.

Move zoning towards addressing more pragmatic and reasonable types of nuisance. These types of nuisance are centered mainly around two elements: 1) safety (fire standards) and 2) health (bio hazards and toxicity).

from being narrow

Having state-based checkmates in place to ensure zoning does not default and return to bad practices i.e. state-wide regulations that dissolve failed forms of zoning, such as single-family residential zoning that prevents higher-density residential (multi-family).

solutions zoning revampback to principles

Return zoning to fundamental principles of harmonizing land uses - land use coexistence and exploring ways to plan out various land uses sharing physical space and land. Different land uses means versatility, variation, variety i.e. more land use opportunity.

For this Call to Action, MásDesign calls upon you any member of the public) - in addition to practicing contribute your part in zoning change by considering

yourself with your local zoning law and problematic regulation (highlighted in this magazine) single-family residential zoning.

Be a local participant and attend public meetings. being discriminatory and limiting on land use diversity Express yourself and be another representative advocating

L O C A A C T I O NL Call to action

22 | MÁS by MásDesign

Zoning is a local affair, as a form of local regulation/law enforced by local governments. Being locally zoning codes can be changed via local policymakers, local population role in changing zoning and equitable path.

following:Familiarize

Whenever possible and in whatever capacity, get controlling zoning practices and highlight the alternatives this is particularly key for practicing professionals.

Local policymakers still answer to local elections local level and you have the potential to block a Exclusionary Zoning or to put in office a policymaker equitable zoning.

get the word out about today's overalternatives and changes to zoning -professionals.elections-know

meetings. If you see problems with zoning diversity in your area, use your voice. advocating for zoning reform.

L O C A L ER F O R M action

your vote is crucial at the policymaker who practices policymaker who is working toward

regulation/law designed and locally based, zoning law and policymakers, which brings in the and pushing it down a more

23Fall, 2022 | N

you and all local residents (i.e. practicing planners - to considering and executing the and zoning codes - note the magazine) e.g. the dominance of

Word on the Design Street

Photo Credit: Millman National Land Services | Original in color

24 | MÁS by MásDesign

In fact, the middle-home types (missing in greater abundance in New Jersey and nationally too, in honesty) are actually more cost-efficient to build. How? For one, they share walls and utilities. Recent findings have estimated that "multifamily homes of two or four units are 6.8 percent cheaper than similarly situated single-family homes", as discovered and noted by Thomas.

| Column: With Liberty and Justice for All

Current events, News, Views

classhttps://dailytargum.com/article/2021/02/kozma-zoning-laws-must-be-amended-for-sake-of-middle-

Key Words: zoning reform; housing crisis; marginalization

THE DAILY TARGUM

“KOZMA: Zoning laws must be amended for sake of middle class” By Thomas Kozma | February 25, 2021

Zoning in New Jersey is a "fragmented mess" - it's divided among 565 municipalities. This fragmentation has directly impacted the housing crisis in New Jersey and carries a form of complexity that hinders solutions.

One solution to consider, as suggested by Thomas, is to implement "...a statewide preemption law that would legalize the development of missing middle housing - the range of options between single-family homes and apartment towers, including duplexes, triplexes and fourplexes - on all residential land in New Jersey".

The ultimate solution to the housing crisis in New Jersey and nationally has to be statewide and larger scale. For example, in 2019, Oregon adopted a "first-in-the-nation preemption law", making the development of duplexes, triplexes, and fourplexes in single-family neighborhoods legal in most municipalities (demonstrating state action towards addressing zoning issues). Additionally, Thomas recommends larger-scale distribution of housing vouchers for low- and moderate-income people would also be effective in terms of affordability.

Do you enjoy reading up on urban planning, urban design, or general design news? MásDesign does, so here is a small scoop on what is going on in the greater environment with regards to ZONING & ZONING-RELATED ISSUES.

The discrepancies in affordability with middle-home types is directly tied to zoning. Zoning codes tend to reserve large portions of residential land for expensive single-family homes, which then leads to developers stuffing multifamily developments into a few already-dense areas where land is scarce - further leading to high housing prices for these multifamily units.

"...the de facto criminalization of any alternatives to single-family homes in much of the state [New Jersey] is a key driver of our affordability crisis.." ~ Thomas Kozma | Edward J. Bloustein School of Planning & Public Policy Student, Rutgers

25Fall, 2022 |

c

Political Issues

| Hindering diversity in land use

26 | MÁS by MásDesign

| Suspiciously aligns with political agendas

zoning | its insufferable sore thumbs

| Straying far from original use for/intent of zoning

Fundamentals Issues

Socioeconomic Issues

As aforementioned, zoning laws and zoning codes have overstepped their boundaries. Zoning has assumed (in some cases, taken forcefully) a largerscale role, imposing its authority on a vast variety of land use and development factors and patterns in our neighborhoods, towns, and cities (all urban area sizes).

| Negative community development impacts - race & class division

Development Issues

2431

oncluding Thoughts

All of the above, alongside the content of this MÁS issue, demonstrates that zoning law and zoning codes have become synonymous with "mess" and "out of control" for very poignant and real reasons. Zoning reform has been necessary for decades and still remains the case, as we still have yet to see a substantial, more comprehensive, and socioeconomically-conscious reconstruction of zoning. Most of the legal control zoning has taken at this point in time would benefit from being dissolved - since its current overzealously negative approach to our urban development is counterproductive and inequitable.

Let's re-emphasize a handful of critical issues, or "sore thumbs", in zoning laws and zoning codes here:

27Fall, 2022 |

less is definitely more in zoning, and this is a moral we hope (at másDesign) zoning governing bodies will heed.

Zoning Reform Is Really a Collective Initiative

Let's change zoning so it no longer sits upon a platform of division. ✓ ✓ ✓ ✓ ✓ ✓

Most (if not all) zoning power resides at the local level - local planners, local policymakers, and local residents need to meet, face the truth on even ground that zoning simply cannot continue to stifle land use diversity and the standard of living for certain races and classes - since those are the facts and the reality of our urban development - and work together toward land use co existence and socioeconomic equality.

form-based code institute | form-based zoning

Zoning & Transect-Based Planning | Zoning Reform via the SmartCode, a Model Ordinance Designed for Flexible Use & Application by Any Neighborhood, Town, City or https://transect.org/codes.htmlRegion

28 | MÁS by MásDesign

zoning education

Whether you are looking for precedents, researching methods, MásDesign has you covered in terms of resources. To pair with this zoning/zoning law, check out the list below for top, comprehensive organizations, etc.) exploring, teaching about, and, in some instances, zoning law and zoning codes.

zoning reform

planetizen | planopedia

Planning & Policy Media & Education | Planning and Policy Articles and Online https://www.planetizen.com/planopediaEncyclopedia

Zoning, Public Policy & Outreach | Zoning Reform via Form-Based Zoning Codes Standards & https://formbasedcodes.org/Education

center for applied transect studies | smartcode

ORESSURCE

Zoning Law/Codes Vary By Local Area | Look up your local government's website and read up on the zoning law and zoning codes relevant to where you live.

29Fall, 2022 |

zoning Law/codes

your local government

or curious about visual styles, this MÁS issue centered around comprehensive zoning sources (companies, instances, introducing effective changes to

“The model of the human habitat dictated by zoning is a formless, soul-less, ruinswholebankruptsdemoralizingcenterless,mess.Itfamiliesandtownships.Itdisablesclassesofdecent,normalcitizens.Ittheairwebreathe.Itcorruptsanddeadensourspirit.”~JamesHowardKunstler|Author zoning is the large-scale problem that is diminishing social diversity and land use versatility and opportunity.

zone 1 zone 2 condemned

Public Design Solutions | Public Resources | Public Products Explore & Learn More at www.másdesign.com

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.