An Even Better Way to Zone Sample Syllabus

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ZONING REFORM FOR AFFORDABILITY,

EQUITY, AND SUSTAINABILITY

SAMPLE COURSE SYLLABUS

INTRODUCTION

Zoning seems to get blamed for everything. In recent years zoning gets blamed for making it difficult for our nation to address three pressing challenges. Zoning is accused of (1) seriously compounding the affordable housing crisis, (2) perpetuating and exacerbating segregation of Americans based on race, class, and income, and (3) failing to make development more sustainable in light of climate change. Those are serious allegations, and all three are at least partially true.

But that does not have to be the case. Zoning is just a tool, and it can be as pro-affordability, sustainable, and equitable as we want it to be. Planners and elected officials wrote all of those rules we complain about, and we can rewrite them to create a better future for our communities. Although at least one author has argued that zoning as a system of land use regulation is so flawed that it should be abandoned, ithis course assumes that the majority our local governments will not be repealing their zoning controls anytime soon. Instead, this course suggest specific ways in which zoning regulations could be drafted and implemented in ways that promote more affordable, equitable, and sustainable development and redevelopment.

COURSE REQUIREMENTS AND EVALUATION

This course will include online lectures and discussion with three graded short writing assignments, a midterm exam, and a final exam. Attendance and informed participation in class discussions is required. Grades will be based 20% on class preparation and participation, 30% on the written assignments, 20% on the midterm exam, and 30% on the final exam. Artificial Intelligence (AI) tools may be used in completing assignments, but submitted materials will be reviewed for AI-generated content. One-on-one discussions with students regarding submitted assignments may be required to confirm student knowledge of course content.

READINGS AND ASSIGNMENTS

The text for this course is the instructor’s book, An Even Better Way to Zone (Island Press). Other required readings, including excerpts from A Better Way to Zone (Elliott), Group Homes (Merriam and Connolly), and The Color of Law (Rothstein) will be provided to students.

COURSE SCHEDULE

Week 1. The History and Law of Zoning

Summary: The basics of how zoning came to be, how its roots include racism and classism, and how zoning tools have evolved over time

Readings: A Better Way to Zone, Chapter 1: A Brief History of Zoning The Color of Law, Chapter 3: Racial Zoning

Week 2. The Misuses of Exclusion

Summary: Focus on how zoning is based on a “DNA of Exclusion,” and the difficulty of reforming zoning to remove that bias

Readings: An Even Better Way to Zone, Chapter 2, How Zoning Works Zoned Out (excerpt), Jonathan Levine

Week 3. Current Uses of Zoning Creates Lots of Problems

Summary: The role of zoning (and other factors) in reducing housing affordability, environmental sustainability/resilience, and fair outcomes for disadvantaged populations

Readings: An Even Better Way to Zone, Chapter 1, The Dangerous Consequences of Current Zoning

Arbitrary Lines (excerpt), Nolan Gray

Week 4. Getting the Focus Wrong – Most Development is Redevelopment

Summary: Seeing the inherent focus of zoning on new greenfield development ideas and patterns, when 80-90% of all zoning decisions involve reuse of already developed land

Readings: An Even Better Way to Zone, Chapters 3.1. and 3.2, Too Focused on First Time Development, and Blank Sheet Thinking in a Highly Constrained World

The Greenest Building is the One Already Built (excerpt), National Trust for Historic Preservation

Week 5. What Else Does Zoning Get Wrong?

Summary: The failure of most zoning systems to understand the financial consequences of new standards and discretionary approval procedures, and the misuses of “placemaking” in many situations

Readings: An Even Better Way to Zone, Chapters 3.3, 3.4, and 3.5, Wealthy Thinking in a Lower Income World, Slow Thinking in a Faster World, and Picture Book Thinking in the Real World Excluded (excerpts),Kahlenberg

Written Exercise: Review a local zoning ordinance, identify which of the mistakes identified in Weeks 4 and 5 are reflected in that ordinance, and summarize those in a concise two-page memo addressed to an elected official

Week 6. Better Rules for More Affordable Housing

Summary: Specific zoning rules that can be removed, or new ones adopted, to allow a wider variety of more affordable housing through redevelopment.

Readings: An Even Better Way to Zone, Chapter 4.1, Improving Affordability Missing Middle Housing (excerpt), Daniel Parolek

Week 7. Better Rules for Fairer Zoning Outcomes

Summary: The need to not just improve public notice procedures but remove unnecessary zoning hearings and to focus on outcomes as a key measure of zoning procedural success

Readings: An Even Better Way to Zone, Section 4.2, Improving Equity Group Homes (excerpt), Dwight Merriam and Brian Connolly

Week 8. Better Rules for a Warming World

Summary: Specific zoning rules that can be removed, and new ones added, to promote more sustainable and resilient redevelopment.

Readings: An Even Better Way to Zone, Section 4.3, Improving Sustainability and Resilience

The Case for Climate-Informed Zoning, Smart Growth America

Written Exercise: Review a different local zoning ordinance, identify one of the challenges addressed in Weeks 6, 7, and 8, identify what changes suggested in the readings could effectively address specific barriers to those community goals, and summarize the needed changes in a concise two-page memo addressed to an elected official

Week 9. Midterm Exam

Timed – completed independently from home – no attendance required

Week 10. The Legal Basics of Zoning Procedures

Summary: Understanding the basics of due process, equal protection, regulatory takings, and First Amendment protections necessary to craft defensible zoning reforms

Readings: An Even Better Way to Zone, Chapter 5.1, Understanding the Legal Framework

Beginners Guide to Land Use Law (excerpts), Pace University Land Use Law Center

Week 11. How and When Should the Public Be Involved?

Summary: The need to remove the number of discretionary zoning approval hearings, as well as the use of subjective and manipulable development approval criteria when those hearings are necessary

Readings: An Even Better Way to Zone, Chapter 5.2, Clarifying the Role of the Public

The Public Hearing Process for New Housing is Broken: Here’s How to Fix It, Brookings Institution

Week 12. Avoiding the Negative Trifecta of Current Zoning Procedures

Summary: Understanding the important role that expensive, time-consuming, and unpredictable zoning redevelopment procedures play in perpetuating unaffordable housing, unsustainable redevelopment, and unfair zoning outcomes

Readings: An Even Better Way to Zone, Chapter 5.3, Reducing Time, Expense, and Unpredictability

Objective Design and Development Standards: More Housing; Great Places, Opticos Design

Written Exercise: Review a third local zoning ordinance, identify which of the procedural mistakes identified in Weeks 10, 11, and 12 are reflected in that ordinance, and summarize what changes would address those challenges in a concise two-page memo addressed to an elected official

Week 13. Addressing Redlined Maps is Harder Than You Think

Summary: Understanding the difficulty of trying to remove the impacts of “redlining” by simply erasing redline-based zoning lines, because of the unintended consequences to current populations on both sides of those lines

Readings: An Even Better Way to Zone, Chapter 6, Fixing the Map

The Black Butterfly (excerpts), Brown

Week 14. Resolving the Tensions Between Good Zoning Changes

Summary: Five basic decision-making rules to apply when a desired zoning change to promote one key community value will make it harder to achieve other community values

Readings: An Even Better Way to Zone, Chapter 7, Resolving the Tensions America’s Frozen Neighborhoods (excerpts), Ellicksen

Week 15. Getting Started with Key Zoning Changes

Summary: The importance of focusing first on removing outdated standards, criteria, and constraints, as well as greenfield-based standards, as the key to successful zoning reform outcomes

Reading: An Even Better Way to Zone, Chapters 8.3 and 8.4, Use the Wonder Bread Approach, and Embracing Reality

The Key to the City (excerpts), Bronin

Week 16. Final Exam

Timed – completed independently from home – no attendance required

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