Expanded Table of Contents An Even Better Way to Zone Achieving More Affordable, Equitable, and Sustainable Communities By Donald L. Elliott
Introduction 1.
2.
1.1.
The History and Law of Zoning
1.2.
Zoning and Affordability
1.3.
Zoning and Equity
1.4.
Zoning and Sustainability
How Zoning Works 2.1.
2.2.
3.
The Dangerous Consequences of Current Zoning
The DNA of Zoning 2.1.1.
Zoning Was Designed to Exclude
2.1.2.
Lines are Usually Necessary
The Rules 2.2.1.
Permitted Form Standards
2.2.2.
Permitted Use Standard
2.2.3.
Development Standards
2.3.
The Procedures
2.4.
The Map
What is Wrong With The Our Current Approach 3.1.
Too Focused on First Time Development 3.1.1.
Most Development is Redevelopment
3.1.2.
Most Challenges are in Developed Areas
3.2.
3.3.
3.4.
3.5.
4.
3.1.3.
The Greenest Building is the One Already Built
3.1.4.
Redevelopment Reduces Commuting Costs
Blank Sheet Thinking in a Highly Constrained World 3.2.1.
The Challenge of Existing Utilities
3.2.2.
The Challenge of Existing Land Ownership Patterns
3.2.3.
Complicating Redevelopment Feeds Sprawl
Wealthy Thinking in a Lower-Income World 3.3.1.
Ignoring the Human Cost of Gentrification
3.3.2.
The Expanding Donut of Poverty
3.3.3.
Using the Law to Protect Privilege
3.3.4.
Zoning for Tax Revenues
Slow Thinking in a Faster World 3.4.1.
The Unpredictability of Discretionary Reviews
3.4.2.
Mixed Motives Complicate Things
3.4.3.
State Legislative Reactions
Picture Book Thinking in the Real World 3.5.1.
Zoning to a Picture is Usually Unwise
3.5.2.
Life Seldom Turns Out Like the Picture on the Box
3.5.3.
Places and places
Fixing the Rules -- and the Rewards 4.1.
Improving Affordability
4.1.1.
Housing Production Strategies 4.1.1.1 Allowing More Missing Middle Housing in Low-Density Residential Areas 4.1.1.2 Allowing More Medium-Density Housing in Commercial Districts 4.1.1.3 Allowing Medium-Density Housing on Institutional Properties 4.1.1.4 Removing Unnecessary Density Limits
4.1.2.
Housing Affordability Strategies
4.1.2.1 The Role of Money 4.1.2.2 Offering Affordability Incentives 4.1.2.3 Tailoring Affordability Mandates 4.1.3.
Housing Preservation Strategies 4.1.3.1 Learning from Our Experience with Manufactured Homes 4.1.3.2 Preserving Naturally Occurring Affordable Housing
4.2.
Improving Equity
4.2.1.
The Role of Income in Equity
4.2.2.
Improving Equity in Housing Opportunities 4.2.2.1 Protect the Most Historically Disadvantaged Households 4.2.2.2 Remember the Elderly and Those Experiencing Limited Abilities
4.2.3.
Improving Equity in Employment Opportunities 4.2.3.1 Focus on People, Not Stereotypes 4.2.3.2 Protect Unique Established Business Communities 4.2.3.3 Get Flexible About Home Occupations
4.2.4.
Improving Equity in Access to Quality Public Services
4.2.5.
Improving Equity in Exposure to Public Health Risks 4.2.5.1 Zoning to Avoid Concentrations of Environmental Risk 4.2.5.2 Amortization of Existing Risks
4.3.
Improving Sustainability and Resilience
4.3.1.
Avoiding Climate Risk Areas 4.3.1.1 Increased Stream and River Flooding 4.3.1.2 Increased Risk from Sea Level Rise 4.3.1.3 Increased Risk from Wildfires
4.3.2.
Allowing More Mixed Use
4.3.3.
Improving Connectivity
4.3.4.
Facilitating More Renewable Energy
4.3.4.1 Small Accessory Facilities 4.3.4.2 Community-Scale Facilities 4.3.4.3 Industrial-Scale Facilities 4.3.5.
Encouraging Local Food Production 4.3.5.1 Small Accessory Uses 4.3.5.2 Medium-Scale Community Garden Uses
4.4. 5.
Fixing the Procedures 5.1.
5.2.
5.3.
6.
Restrictive Covenants are Not the Answer
Understanding the Legal Framework 5.1.1.
Due Process
5.1.2.
Equal Protection
5.1.3.
Regulatory Takings
5.1.4.
First Amendment Protections
5.1.5.
State Law
Clarifying the Role of the Public 5.2.1.
The Spectrum of Public Participation
5.2.2.
The Challenge of Narrow Self Interest
Reducing Time, Expense, and Unpredictability 5.3.1.
Reducing Individualized Study Requirements
5.3.2.
Reducing Public Hearing Requirements
5.3.3.
Removing Vague and Subjective Review Criteria
5.3.4.
Allowing Administrative Adjustments
5.3.5.
Reducing Appeals
Fixing the Map 6.1.
Un-Redlining 6.1.1.
The Challenge of Voting With Your Feet
6.1.2.
Levelling the Playing Field Is Not Enough
6.1.3.
7.
8.
Tailoring Exclusion to Protect the Vulnerable
6.2.
Overlays May Not Be Necessary or Helpful
6.3.
Different Kinds of Tools Will Probably be Necessary
Resolving the Tensions 7.1.
Identifying the Tensions
7.2.
Involve Everyone but Focus on the Most Vulnerable
7.3.
Evaluate Market Responses at the Neighborhood Level
7.4.
Ensure that No One is Exempt from the Needed Changes
7.5.
Focus on Not Perpetuating the Unfair Outcomes of the Past
7.6.
Focus on the Long-Term Outcomes
7.7.
Mitigate the Short-Term Impacts on Vulnerable Communities
Five Key Principles for Better Zoning in General 8.1.
8.2.
8.3.
8.4.
Focus on the Basics of What Matters Most 8.1.1.
Size and Scale
8.1.2.
Site Orientation and Location
8.1.3.
Doors, Windows, and Wall Articulation
8.1.4.
Know When to Stop
Focus on Redevelopment and Infill 8.2.1.
Zone for What is Going to Happen Most Often
8.2.2.
Avoid Perfection Thinking
Use the Wonder Bread Approach 8.3.1.
What Can We Let Go?
8.3.2.
Innovation Requires Room to Maneuver
Embrace Reality 8.4.1.
Get Flexible About Vacant Buildings
8.4.2.
See the Potential in Nonconforming Uses and Buildings
8.4.3.
Allow for Awkward Teenagers and Aging Grandfathers
8.5.
9.
Don't Win the Negative Trifecta 8.5.1
Let Your Yes Be Yes and Your No be No
8.5.2
Fight the Battles Once
Make the Commitment
Endnotes Suggested Reading List