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Lentis/Zoning Laws in the United States

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Zoning is the process of a governmental body dividing the land it controls into various zones with intended uses.[1] These zones can restrict restrict construction by building size, use case, aesthetic or density.[2] Zoning laws in the United States grew to prominence in the early 20th century, and have since become controversial due to issues resulting from their implementation.[3] This Chapter will provide an overview of U.S. Zoning law, analyze issues that have resulted from it, and discuss proposed solutions to these issues.

Overview of Zoning

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Origins of United States Zoning Law

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An Example of Euclidean Zoning regions in the City of Skopje, North Macedonia.

The first modern zoning code was written for New York City in 1916, regulating the placement of factories and maximum size of buildings.[4][5] These laws would begin to be emulated by many other jurisdictions in the following years, culminating in the passage of the Standard State Zoning Enabling Act, a model law that enabled the creation of zoning regulations by cities, towns, and states. [6] These zones would often manifest as Exclusionary laws that only permitted the construction of specific types of buildings. This style of zoning would become known as Euclidean zoning, after the court case Euclid V. Ambler enshrined the right of municipalities to zone land.[7]

Euclidean Zoning

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Euclidean zoning separates land areas into specific use cases, such as residential, commercial, or industrial. These zones can be restricted further to tailor land usage, such as single family residential districts that prohibit the construction of townhomes and apartment buildings. Zones can also feature additional requirements, such as maximum building heights, minimum parking amounts, or green space requirements. It is viewed as the default zoning method in the United States.[8][9] Euclidean Zones can be flat, in which only the specified use is allowed, or hierarchical, wherein use cases are tiered and higher tier use cases can be built in any lower tiered zone (such as building residential buildings in a commercial zone). In practice this distinction is often meaningless, as hierarchical zones are usually dominated by whichever tier of use case is found to be most profitable.[10] Euclidean zoning gained popularity due to its ease of implementation, as zones are static, clearly defined, and easily applied to existing construction.[9] Many of the issues that cities and towns struggle with in the United States are caused by poor use of Euclidean Zoning.[11]

Issues That Arise From Modern Zoning Law

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The Housing Crisis

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Median housing price trends by metro area in the United States

The current housing crisis in the United States is caused by a severe imbalance between demand and supply of housing, which has drastically increased housing prices.[12] Zoning and building restrictions are one contributing factor to the housing crisis.[13] Policies that municipalities take that limit the growth of housing include setting limits on building heights, building densities, minimum lot sizes, minimum parking requirements, and the number of housing units that can be built per year.[13][14] Many municipalities also simply zone a vast majority of their land for single-family housing, leaving very little for multi-family housing.[13] For example, in California less than 25 percent of land in cities is available for multi-family dwellings, while about 75 percent of land in cities is zoned specifically for single-family dwellings.[13]

The solution to the housing crisis requires increased construction of multifamily housing units,[12][14] but this requires easing zoning restrictions where only single-family housing is allowed.[14] Little medium-density, or "missing middle", housing is being developed, which is also touted as a way to alleviate the housing crisis.[14] Medium-density housing are units that fall between large apartment complexes and single-family detached housing.[14] Examples of missing middle housing include duplexes and triplexes, and low-rise apartment complexes.[14]

Urban Sprawl and Car Dependency

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Low-density sprawl outside Reno, Nevada

Urban sprawl is defined as "any development pattern characterized by poor accessibility and automobile dependence."[15] Common metrics for measuring sprawl include density of development, how land use is mixed, as well as how "centered" development is around some hub.[15]

Many negative impacts have been associated with urban sprawl. Sprawl causes massive environmental costs, such as increased air pollution and fossil fuel consumption due to complete reliance on cars as a form of transportation.[16][17] Sprawling development also requires large amounts of water to sustain and can cause collapses of biodiversity and the disruption of biospheres.[16][17]Sprawling development is also a drain on municipal resources, since low-density development often generates a tax base insufficient to pay for the maintenance of infrastructure.[16]

Sprawl has also been linked with urban decay in city centers when people left city centers to settle in low-density suburbs.[16][18] This drain of people from city centers and impoverished neighborhoods has caused social and economic isolation for people who could not afford to move, which historically are racial minorities.[16][18] This concentration of poverty is also linked to historical zoning practices, which were deliberately designed to prevent minorities from inhabiting the same neighborhoods as whites.[18][3]

Related to the issue of urban sprawl is the emergence of car dependency in the United States. Low density, single-family zoning has been linked to increased automobile usage.[14] Since single-family zoning causes urban sprawl and people have to move further away from centers of commerce and culture, they must travel, almost exclusively by car, to access various amenities.[15] This is seen in studies showing that "proximity of a housing unit to a region’s central business district is the most potent factor in reducing its occupants’ driving."[14] There is a high correlation between sprawl and car dependency: the lower the density, the more car-dependent it becomes.[15]

The issue of Urban Sprawl is much more common in the United States compared to other developed nations.[19] This is driven by U.S. zoning laws, which heavily limit denser forms of construction, prioritize low density single-family housing, and increase the distance between residential and commercial space.[14][15]

See also: Lentis/Car Dependency in the U.S.

Attempts to Change or Fix Zoning Laws

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Due to the issues caused by modern Euclidean Zoning laws, a push for zoning reform has occurred throughout the United States.[20] This has resulted in local, state and federal efforts to improve and reform modern zoning laws. [21][22]

Elimination of Single-Family Housing in Minneapolis

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In 2018, the city of Minneapolis adopted a proposal to eliminate single-family zoning, allowing higher density housing on previous single-family lots.[22] Along with ending single-family zoning, the proposal contained four additional policy changes to mend the housing affordability crisis in the city. These included allowing the development of three-to-six story buildings near transit infrastructure, phasing out off-street parking minimums, a requirement for apartment developments to reserve 10 percent of units for moderate-income housing, and increased funding for affordable housing.[22] Elements of this proposal are set to be achieved by 2040. Proponents of this plan contended it a key mechanism towards "increasing housing construction, reducing costs of living, and easing residential segregation"[23] while laying the groundwork for similar plans across the country.

Federal Zoning Reform Incentives

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In May of 2022, the White House announced the Housing Supply Action Plan with the goal of closing the housing supply gap within the next 5 years.[24] Under this plan, the Administration outlined incentives for jurisdictions that have reformed zoning and land use policies with higher scores in certain federal grant processes. Through investments passed by Congress, the incentives will be financed through the expansion of the Low-Income Housing Tax Credit (LIHTC) program and the HOME Investment Partnerships Program (HOME).[25] The LIHTC program provides credits to private investors to encourage development of affordable rental housing for low-income households[26] while the HOME program allocates grants to fund building, buying, rehabilitating affordable housing, or providing rental assistance to low-income families.[27]

Form-Based Codes

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Unlike traditional zoning, form-based codes (FBCs) focus less on land use and more on achieving better-quality urbanism through the forms of buildings.[28] While the concept of FBCs has been around for centuries, dating back to urban planning in Ancient Greece, China, and Rome, they became of modern public interest at the end of the 20th century as a reformative alternative for Euclidean zoning.[29] Form-based codes consist of 5 main elements: 1. Regulating Plan, 2. Public Standards, 3. Building Standards, 4. Administration, 5. Definitions.[30] The regulating plan is a map of the designated area highlighting locations where different building form standards apply. Public standards are public realm amenities such as sidewalks and furniture. Building standards are regulations that "control the features, configurations, and functions of buildings that define and shape the public realm."[30] The administration element details guidelines for a streamlined application and project review process. The definitions component of a FBC plan is a glossary of technical terms to be used during the project development process.[30] This is included to ensure precise use of necessary terminology. Fundamental benefits of form-based codes include fostering a stronger sense of community, promoting walkability, and aiding transit-friendly development.[29] FBCs are an attractive alternative to contentious zoning reforms, such as the elimination of single family housing, because they are regulations that can accomodate small units and compact urbansim.[28] Implementation of FBCs is flexible to ease the transition from traditional zoning ordinances. Cities across the United States have incorporated FBC regulations through three approaches of varying compliance: mandatory codes, parallel codes, and floating-zone codes or planned unit developments (PUDs).[31] Per the Congress for the New Urbanism (CNU), form-based codes are a revolutionary opportunity to curtail conventional zoning regulations since they integrate historical character into development rather than necessitating strict separation of land use.[32]

Conclusion

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As they currently stand, zoning laws in the United States harm the quality of life for many Americans. Their overly strict nature has caused increased car dependency and urban sprawl, reduced housing equity and availability, and limited the utility of public transit. Many of these issues have been recognized in recent years, and work is being done to improve zoning by utilizing alternative zoning methods, reducing the strictness of existing zoning, and providing incentives that encourage municipalities to re-evaluate zoning practices. There is still much to do to improve zoning throughout the United States, but current efforts are a good starting point.

References

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  1. ↑ Kenton, W. (2022). Zoning: What it is, how it works, classification examples. Investopedia. https://www.investopedia.com/terms/z/zoning.asp
  2. ↑ Rodrigue, J.-P. (2022). Types of land use zoning: The Geography of Transport Systems. The Geography of Transport Systems | The spatial organization of transportation and mobility. https://transportgeography.org/contents/chapter8/urban-land-use-transportation/land-use-zoning/
  3. ↑ a b Trounstine, J. (2018). Segregation by Design: Local Politics and Inequality in American Cities. Cambridge: Cambridge University Press. doi:10.1017/9781108555722
  4. ↑ Barr, J. (2019). Revisiting 1916 (part I): The history of New York City's first Zoning Resolution - Skynomics blog. Building the Skyline. https://buildingtheskyline.org/revisiting-1916-i/
  5. ↑ Erickson, A. (2012). The birth of zoning codes, a history. Bloomberg.com. https://www.bloomberg.com/news/articles/2012-06-19/the-birth-of-zoning-codes-a-history
  6. ↑ Reed, T. H. (1923). City Planning. The American Political Science Review, 17(3), 430–432. https://doi.org/10.2307/1944054
  7. ↑ Village of Euclid v. Ambler Realty Company. (n.d.). Oyez. https://www.oyez.org/cases/1900-1940/272us365
  8. ↑ Caves, R. W. (Ed.). (2005). Encyclopedia of the city. Taylor & Francis Group. p. 536. ISBN 978-0415252256.
  9. ↑ a b Hirt, S.A. (2015). Zoned in the USA: The Origins and Implications of American Land-Use Regulation. Ithaca: Cornell University Press.
  10. ↑ Asabere, P.K. and Huffman, F.E. (1997), Hierarchical Zoning, Incompatible Uses and Price Discounts. Real Estate Economics, 25: 439-451. https://doi.org/10.1111/1540-6229.00722
  11. ↑ Watsky, R. (2018). The problems with Euclidean Zoning. Dome. https://sites.bu.edu/dome/2018/07/19/the-problems-with-euclidean-zoning/
  12. ↑ a b Betancourt, K., Gardner, S., & Palim, M. (2022, October 28). Housing Insights: The U.S. Housing Shortage from a Local Perspective. Fannie Mae. https://www.fanniemae.com/media/document/pdf/local-solutions-housing-shortage.pdf
  13. ↑ a b c d Winston, R. (2020). The Takings Are Coming: How Federal Courts Can Protect Regulatory Efforts to Address California’s Housing Crisis. Ecology Law Quarterly, 47(2), 625–671. https://doi.org/10.15779/Z38052FD56
  14. ↑ a b c d e f g h i Wegmann, J. (2020). Death to Single-Family Zoning...and New Life to the Missing Middle. Journal of the American Planning Association, 86(1), 113–119. https://doi.org/10.1080/01944363.2019.1651217
  15. ↑ a b c d e Hamidi, S., Ewing, R., Preuss, I., & Dodds, A. (2015). Measuring sprawl and its impacts: an update. Journal of Planning Education and Research, 35(1), 35–50.
  16. ↑ a b c d e Gallagher, P. (2001). The Environmental, Social, and Cultural Impacts of Sprawl. Natural Resources & Environment, 15(4), 219–267. http://www.jstor.org/stable/40924406
  17. ↑ a b Squires, G. D. (2002). The Environmental Impacts of Sprawl. In G. D. Squires (Ed.), Urban sprawl: Causes, consequences, & policy responses (pp. 23–38). essay, Urban Institute Press.
  18. ↑ a b c Jargowsky, P. A. (2002). Sprawl, Concentration of Poverty, and Urban Inequality. In G. D. Squires (Ed.), Urban sprawl: Causes, consequences, & policy responses (pp. 39–71). essay, Urban Institute Press.
  19. ↑ Lewyn, M. (2008). Sprawl in Europe and America. https://ssrn.com/abstract=1194862 or http://dx.doi.org/10.2139/ssrn.1194862
  20. ↑ Pasi, E. (2021). Advocating for Zoning Reform. American Planning Association. https://www.planning.org/blog/9216478/advocating-for-zoning-reform/
  21. ↑ Kendall, M. (2021). Gov. Newsom abolishes most single-family zoning in California. The Mercury News. https://www.mercurynews.com/2021/09/16/gov-newsom-abolishes-single-family-zoning-in-california/
  22. ↑ a b c Herman, J. (2022, March 15). How Minneapolis Ended Single-Family Zoning. The Century Foundation. https://tcf.org/content/report/minneapolis-ended-single-family-zoning/
  23. ↑ Freemark, & Lo. (2022, May 24). Effective Zoning Reform Isn’t as Simple as It Seems. Bloomberg. https://www.bloomberg.com/news/articles/2022-05-24/the-limits-of-ending-single-family-zoning
  24. ↑ House, T. W. (2022, May 16). President Biden Announces New Actions to Ease the Burden of Housing Costs. The White House. https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/16/president-biden-announces-new-actions-to-ease-the-burden-of-housing-costs/
  25. ↑ Brasuell. (2022, May 16). New White House Housing Initiative Includes Zoning Reform Incentives. Planetizen. https://www.planetizen.com/news/2022/05/117184-new-white-house-housing-initiative-includes-zoning-reform-incentives
  26. ↑ What is the Low-Income Housing Tax Credit and how does it work? (n.d.). Tax Policy Center. https://www.taxpolicycenter.org/briefing-book/what-low-income-housing-tax-credit-and-how-does-it-work
  27. ↑ HOME Investment Partnerships Program. (n.d.). U.S. Department of Housing And Urban Development. https://www.hud.gov/program_offices/comm_planning/home
  28. ↑ a b Talen, E. (2013). Zoning For and Against Sprawl: The Case for Form-Based Codes. Journal of Urban Design, 18(2), 175–200. https://doi.org/10.1080/13574809.2013.772883
  29. ↑ a b What Is a Form-Based Code? (n.d.). Planetizen. https://www.planetizen.com/definition/form-based-codes
  30. ↑ a b c Form-Based Codes Institute. (2016, April 13). Form-Based Codes Defined. Form-Based Codes Institute at Smart Growth America. https://formbasedcodes.org/definition/
  31. ↑ Property Topics and Concepts. (n.d.). American Planning Association. https://www.planning.org/divisions/planningandlaw/propertytopics.htm
  32. ↑ Tools. (2022, May 4). CNU. https://www.cnu.org/resources/tools
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