HOW ZONING SHAPES COMMUNITIES

THE GOOD, BAD AND HOPEFUL ASPECTS 

OF THE CENTURY-OLD TOOL THAT DETERMINES

EVERYTHING ABOUT THE PLACES WE LIVE, WORK AND PLAY

Salim Furth, senior research fellow at the Mercatus Center at George Mason University, favors fair and predictable community benefit agreements. 

Rather than meting out contributions in each neighborhood, which can result in “zoning for sale,” he suggests a set payment charged to the developer and a menu of things a community can fund with it.

“New Rochelle, N.Y., introduced this approach, along with other innovations, to spark a downtown reinvestment surge that has funded tremendous city benefits,” Furth said.

“There is a fixed, predictable dollar value that developers must pay. 

Neighbors can then help determine where the money is spent: on parks, computer space, a community center.”

HOW ZONING SHAPES COMMUNITIES

THE GOOD, BAD AND HOPEFUL ASPECTS 

OF THE CENTURY-OLD TOOL THAT DETERMINES

EVERYTHING ABOUT THE PLACES WE LIVE, WORK AND PLAY

The entire architecture of how land use works contains a lot of local conditions.

“When spending political capital, we like to get the most juice for the squeeze. 

But we know the entire architecture of how land use works contains a lot of local conditions, so we have all these variances, special-use permits, special exceptions,” Salim Furth, senior research fellow, at the Mercatus Center at George Mason University, said.

“Cities are super regulators, so everything is done by exceptions.

The developer knows to get a lawyer, give contributions and they get their exceptions approved,” he observed.

 “Council members love the political contributions flowing and they get some say in the development.

Even in very progressive cities, you end up saying ‘yes’ to very expensive housing and ‘no’ to more budget-friendly housing.”

 

HOW ZONING SHAPES COMMUNITIES

THE GOOD, BAD AND HOPEFUL ASPECTS 

OF THE CENTURY-OLD TOOL THAT DETERMINES

EVERYTHING ABOUT THE PLACES WE LIVE, WORK AND PLAY

The Montana governor convened a task force and several pro-affordable housing preemptive laws were passed with bipartisan support, which include:

Streamlining the subdivision process, especially by expanding exemptions from the state’s environmental assessment requirement.

Clarifying that cities can allow tiny homes.

Opening commercial zones to housing development.

Allowing duplexes anywhere that single-family homes are permitted in cities with more than 5,000 residents.

Formalizing planning procedures and requiring each city to enact any five out of a list of 14 significant pro-housing regulatory changes.

Limiting the use of design review.

Requiring municipalities to permit accessory dwelling units (ADUs) without parking mandates or owner-occupancy requirements.

HOW ZONING SHAPES COMMUNITIES

THE GOOD, BAD AND HOPEFUL ASPECTS 

OF THE CENTURY-OLD TOOL THAT DETERMINES

EVERYTHING ABOUT THE PLACES WE LIVE, WORK AND PLAY

Salim Furth, senior research fellow, and Eli Kahn, research assistant, at the Mercatus Center at George Mason University, recently published a state legislature housing reform 2023 review.

It discusses bipartisan bills aimed at loosening zoning regulations to rein in local regulatory power.

For instance, “Montana has become the first red state to enact sweeping housing legislation to confront a cost crisis,” Furth said.

The review is available at

https://www.mercatus.org/research/policy-briefs/housing-reform-states-me...

HOW ZONING SHAPES COMMUNITIES

THE GOOD, BAD AND HOPEFUL ASPECTS 

OF THE CENTURY-OLD TOOL THAT DETERMINES

EVERYTHING ABOUT THE PLACES WE LIVE, WORK AND PLAY

David Morley, AICP, American Planning Association’s research program and QA manager, said the Post War/Baby Boom era created so many single-family-only communities, that any other density started feeling unnatural. 

He said over the past few decades, there is a growing awareness that communities need missing middle and affordable housing.

“One point I like to make in general is that a lot of zoning is antithetical to what communities need,” Morley said. 

“Zoning is a powerful tool. Why not use it to create more affordable housing than to use its power to keep more of the same, aka preventing it?”

HOW ZONING SHAPES COMMUNITIES

THE GOOD, BAD AND HOPEFUL ASPECTS 

OF THE CENTURY-OLD TOOL THAT DETERMINES

EVERYTHING ABOUT THE PLACES WE LIVE, WORK AND PLAY

Miami 21 is a famous citywide form-based code in South Florida. 

Though David Morley, AICP, American Planning Association’s research program and QA manager, notes that even form-based codes are hybrids, because while they encourage compact development and a mix of uses, they still regulate what uses can go where.

“The big whoopsie in zoning evolution is the way missing middle density has been erased from the landscape. In most places, it’s not allowed to happen,” he said. 

Missing middle refers to the range of housing that fits between single-family detached homes and mid-to-high-rise apartment buildings.

It includes townhouses, duplexes, triplexes and quadplexes.

PROUD TO BE A LEADER IN EDUCATING PLANNERS

ABOUT UNIVERSAL DESIGN AND AGING IN PLACE

I am gratified to be speaking on: Aging in Place: Universal Access Designs, at the 2024 Florida Planning Conference.

I spoke on a similar topic at the national conference of the American Planning Association two years ago.

I will be joined by acclaimed colleagues Laura Street, Associate State Director - Advocacy and Livable Communities at AARP, and David Haight, FAICP, LEED AP ND, Transportation Planner/Urban Designer, AtkinsRéalis. I am the nation’s leading Subject Matter Expert on creating a better built environment for people with disabilities. I give passionate keynote speeches and lead inclusive workshops and walking tours that focus on efficient, low-cost improvements that remove barriers to those who use wheelchairs for mobility.