Physical Address

304 North Cardinal St.
Dorchester Center, MA 02124

Category planning

Why Is Japanese Zoning More Liberal Than US Zoning?

Over the past few years, Japanese zoning has become popular among YIMBYs thanks to a classic blog post by Urban kchoze. It’s easy to see why: Japanese zoning is relatively liberal, with few bulk and density controls, limited use segregation, and no regulatory distinction between apartments and single-family homes. Most development in Japan happens “as-of-right,” meaning that securing permits doesn’t require a lengthy review process. Taken as a whole, Japan’s zoning system makes it easy to build walkable, mixed-use neighborhoods, which is why cities like Tokyo are among the most affordable in the developed world. But praise for Japanese zoning skirts an important meta question: Why did U.S. zoning end up so much more restrictive than Japanese zoning? To frame the puzzle a different way, why did U.S. and Japanese land-use regulation—which both started off quite liberal—diverge so dramatically in terms of restrictiveness? I will suggest three factors; the first two set out the “why” for restrictive zoning and the third sets out the “how.” Any YIMBY efforts to liberalize cities in the long term must address these three factors. First, the U.S. privileges real estate as an investment where Japan does not, incentivizing voters to prohibit new supply with restrictive zoning. Second, most public services in the U.S. are administered at the local level, driving local residents to use exclusionary zoning to “preserve” public service quality. Third, the U.S. practice of near-total deference to local land-use planning and widespread use of discretionary permitting creates a system in which local special interests can capture zoning regulation and remake it around their interests. At the outset, why might Americans voters demand stricter zoning than their Japanese counterparts? One possibility is that they are trying to preserve the value of their only meaningful asset: their home. In the U.S., we use housing […]

“Order Without Design”, a new guide to urban planning

This book is an attack on current city planning and rebuilding. This is how Jane Jacobs opened her 1961 classic “The Death and Life of Great American Cities”. It wouldn’t be an inappropriate opener for Alain Bertaud’s upcoming “Order Without Design”. While Jacobs was an observer of how cities work and a contributor to new concepts in urban economics, Bertaud goes a step further. His book brings economic logic and quantitative analysis to guide urban planning decision-making, colored by a hands-on, 55-year career as a global urban planner. His conclusion? The urban planning practice is oblivious to the economic effects of their decisions, and eventually creates unintended consequences to urban development. His goal with this book is to bring economics as an important tool to the urban planning profession, and to bring economists closer to the practical challenge of working with cities. Maybe you have not heard about Alain Bertaud before: at the time I am writing this article, he has only a few articles published online, no Wikipedia page or Twitter account, and some lectures on YouTube – and nothing close to a TED talk. The reason is that instead of working on becoming a public figure, Bertaud was actually doing work on the ground, helping cities in all continents tackle their urban development problems. His tremendous experience makes this book that delves into urban economics surprisingly exhilarating. As an example, Bertaud shows a 1970 photo from when he was tracing new streets in Yemen using a Land Rover and the help of two local assistants who look 12 years old at most, a depiction of a real-life Indiana Jones of urban planning. In this book, mainstream urban planning “buzzwords” such as Transit-Oriented Development, Inclusionary Zoning, Smart Growth and Urban Growth Boundaries are challenged with economic analysis, grounded on […]

New Video: How Zoning Laws Are Holding Back America’s Cities

It’s an understatement to say that zoning is a dry subject. But in a new video for the Institute for Humane Studies, Josh Oldham and Professor Sanford Ikeda (a regular contributor to this blog) manage to breath new life into this subject, accessibly explaining how zoning has transformed America’s cities. From housing affordability to mobility to economic and racial segregation to the Jacobs-Moses battle, they hit all the key notes in this succinct new video. If you need a go-to explainer video for the curious new urbanists, this is the one. Enjoy!

Light and Air, Sound and Fury; or, Was the Equitable Life Building Panic Only About Shadows?

Equitable Life Building from the street. It's imposing!

When I first became interested in urban planning, I believed a piece of professional mythology that went like this: “For all its faults, Euclidean zoning was a well-meaning effort to expand nuisance regulation in the face of the urban industrialization. It was later practitioners who used zoning for selfish and exclusionary purposes.”  While not totally without basis, I now think this view is wrong. Today I would like to show how the iconic example of a nuisance that supposedly motivated Euclidean zoning—the Equitable Life Building in New York City—was in large part controversial because it threatened the interests of existing landlords. The Equitable Life Building at 120 Broadway was completed in 1915. A vanity project of an industrialist—Thomas Coleman duPont—as so many skyscrapers were and are, the projected stood 42-stories high across an entire block without setbacks, adding a startling one and a quarter million square feet of rentable office space to Lower Manhattan. Needless to say, some New Yorkers weren’t happy. But why? The conventional wisdom holds that the Equitable Life Building caused such a stir because it literally cast a shadow over the rest of the neighborhood. Indeed, the building cast a shadow stretching nearly a fifth of a mile across Broadway. But it wasn’t just the shadows that made the Equitable Life Building so uniquely audacious—after all, it wasn’t the tallest building in the neighborhood (this honor would go to the Woolworth Building, completed four years earlier 1912) and it wasn’t the first skyscraper to take up an entire city block without setbacks (by this point, the Flatiron Building was already an icon of the city). Rather, what made the project especially upsetting, on top of standard concerns about light and air, was that it was adding so much floor space at a time when the Lower […]

Why Autonomous Vehicles != Endless Sprawl

There’s been an ongoing debate in urbanist circles about whether autonomous vehicles (AVs) will damn us to perpetual sprawl and super commuting. I don’t believe that they will. In the first place, the business conditions under which AVs could conceivably induce more sprawl are unlikely. And in the second, there are numerous other factors that will affect the future of urban development in the US. That’s not to say we won’t double down on past mistakes, but it won’t be AVs that single handedly bring about that future on their own.  No One Wants To Sell You a Self Driving Car For AVs to even begin to induce more sprawl, they need to facilitate super commuting. For that to happen at any significant scale, they need to be ubiquitous and privately owned. And that is something I don’t think we’re going to see for one simple reason — it’s a product no one is selling. Ole Muskie notwithstanding, no one with capital to burn thinks selling private AVs is a winning strategy (with good reason). Given the accumulated R&D costs of the last several years, the price a firm would need to charge for the first generation of personal AVs would be astronomical. Moreover, a company selling personal AVs would give up on mountains of valuable data generated as the vehicle racked up mileage. Trip data feeds back in to improving the ability of AVs to navigate and data about consumer habits is valuable as well. We should also remember that the state of AV technology is still quite…meh. And in the absence of a step function improvement in the technology, the fastest way to get to market is to restrict the problem space. That means means a driverless TNC service that can be limited to trips in certain areas […]

Ch. 1 What is a City?: Concluding thoughts & works cited

Viewing cities as spontaneous orders and not as works of art helps to explain the tradeoff between scale and order, as well as the role of time in softening the severity of that tradeoff. Complexity and creativity are at odds with scale and the comprehensiveness of design because increasing scale impinges on the action spaces where creative, informal contact tends to happen. Design might complement that informal contact to a point, but beyond a fairly low level it begins to overwhelm it. Again, small is not always beautiful, and big is sometimes unavoidable. That makes it all the more important to understand the impact of scale and design on spontaneous social orders. That applies as much to private as it does to public projects. When the designs are small relative to the surrounding social milieu, the downside of the tradeoff isn’t very steep. The problems start when budget constraints are soft and projects become mega-projects and mega-projects become giga-projects. I don’t want to sound too ideological – Jane Jacobs somehow avoided being ideologically pigeonholed all her life – but soft budget constraints are primarily the domain of governmental and, especially, of so-called public-private developments: Those elephantine-starchitectural-wonder-complexes that too-often strive for off-the-charts wow-factors. Without legal privileges, subsidies, and eminent domain, could the scale and degree of design of purely privately funded developments even begin to compare to those? I don’t think so. The rules of the game of urban processes interact in complex ways. So deliberately changing some of those rules to achieve a particular outcome is akin to trying to impose a particular design on the social order, killing the social order in the process, although perhaps preserving the appearance of life. Taxidermy again. (That, by the way, is why I have problems with landmarks preservation on the scale practiced […]

The Case for Subsidizing Deed Restrictions

Houston skyline

In most of my discussions of Houston here on the blog, I have always been quick to hedge that the city still subsidizes a system of quasi-private deed restrictions that control land use and that this is a bad thing. After reading Bernard Siegan’s sleeper market urbanist classic, “Land Use Without Zoning,” I am less sure of this position. Toward this end, I’d like to argue a somewhat contrarian case: subsidizing private deed restrictions, as is the case in Houston, is a good idea insomuch as it defrays resident demand for more restrictive citywide land-use controls. For those of you who haven’t read my last four or five wonky blog posts on land-use regulations in Houston (what else could you possibly be doing?), here is a quick refresher. Houston doesn’t have conventional Euclidean zoning. Residents voted it down three times. However, Houston does have standard subdivision and setback controls, which serve to reduce densities. The city also enforces high minimum parking requirements outside of downtown. On top of these standard land-use regulations, the city heavily relies on private deed restrictions. Also known as restrictive covenants, these are essentially legal agreements among neighbors about how they can and cannot use their property, often set up by a developer and signed onto as a condition for buying a home in a particular neighborhood. In most cities, deed restrictions cover superfluous lifestyle preferences not already covered by zoning, including lawn maintenance and permitted architectural styles. In Houston, however, these perform most of the functions normally covered by zoning, regulating issues such as permissible land uses, minimum lot sizes, and densities. Houston’s deed restrictions are also different in that they are heavily subsidized by the city. In most cities, deed restrictions are overseen and enforced by parties to a deed, typically organized as a […]

Ch. 1 What is a City?: Complexity and radical ignorance

First of all, Jacobs observed that the artist abstracts from life, with all its “inclusiveness” and “literally endless intricacy.” Many architects, especially those with great ambition, seem to treat urban environments as merely a canvas for their works of genius, which if not already blank needs to be wiped clean before getting to work. The good ones at least try to take into account how their constructions fit or don’t fit into the existing built environment and how real people might actually use them. But whether you’re an architect or an economist, predicting how people will respond to a change is a pretty iffy thing. From my perspective that iffiness comes from two factors: complexity and radical ignorance. Complexity in this context means that the interactions among people are so numerous or varied or changeable that the costs of being aware of all of them is too high for anyone to calculate. Hayek defines the degree of complexity in terms of the “minimum number of elements of which an instance of the pattern consists in order to exhibit all the characteristic attributes of the class of patterns in question…” (Hayek 1964). In a world with only a few variables, such as those described in a high-school algebra problem, it is possible to have all the knowledge you need to get the correct answer. In the real world, however, the number of relevant variables is too large, that is the number of ever-changing interactions among people in society is so large, and our cognitive powers are too limited to do that. Compared to the vast complexity of the social order, predicting this week’s weather is a pretty simple matter. Radical ignorance means being unaware of information that would be relevant to making a decision, not because the cost is too high, […]

New Report by CMU and AHLA: The Case for Ending Parking Requirements in Downtown Los Angeles

The Center for Market Urbanism released its first policy report in partnership with Abundant Housing Los Angeles.  The paper, written by The Center for Market Urbanism’s Nolan Gray and Emily Hamilton, recommends eliminating minimum parking requirements as part of DTLA 2040, a process which will update both the Central City and Central City North community plans. The draft concept for the DTLA 2040 plan calls for eliminating parking requirements for the Central City and Central City North neighborhoods.  This would build upon the success of Los Angeles’ adaptive reuse, allowing new developments to facilitate affordable, dense, walkable neighborhoods. The paper discusses the history of parking requirements, burdens and damage caused by current parking requirements, and benefits of reforms: Combined with demand-based pricing for on-street parking, the elimination of parking requirements will allow for downtown neighborhoods that are more walkable while also reducing congestion for drivers. Read the Center for Market Urbanism/Abundant Housing LA Policy Paper here   The Center for Market Urbanism is a 501c3 organization dedicated to expanding choice, affordability, and prosperity in cities through smart reforms to U.S. land-use regulation. Abundant Housing LA is 501c3 organization which is committed to advocating for more housing. We want lower rents and a more sustainable and prosperous region, where everyone has more choices of where to live and how to pursue their dreams. LA is one of the most diverse, vibrant cities in America, and we are fighting to keep it that way for current Angelenos, our children, and those who come here to pursue their dreams.  

Are Houston’s Deed Restrictions “Basically Zoning”?

Houston Neighborhood

Houston doesn’t have zoning. As I have written about previously here on the blog, this doesn’t mean nearly as much as you would think. Sure, Houston’s municipal government doesn’t segregate uses or expressly regulate densities. But as my Market Urbanism colleague Michael Lewyn has documented, city officials do regulate lot sizes, setbacks, and parking requirements. They also enforce private deed restrictions, which blanket many of the city’s residential neighborhoods. A deed restriction is a legal agreement among neighbors about how they can and cannot use their property. In most cities, deed restrictions are purely private and often fairly marginal, adding rules on top of zoning that property owners must follow. But in Houston, deed restrictions do most of the heavy lifting typically covered by zoning, including delineating permissible uses and design standards. Whenever I point out that Houston has relatively light land-use regulations (and is enjoying the benefits), folks often respond that the city’s deed restrictions are basically zoning. This couldn’t be further from the truth. Before I turn to the essential differences, it’s worth first observing how Houston’s deed restrictions are like any other city’s zoning. First, like zoning, Houston’s deed restrictions are almost universally designed to prop up the values of single-family houses. Despite the weak evidence for a use segregation-property values connection, this justification for zoning goes back to the program’s roots in the 1920s. Many of Houston’s nicest residential neighborhoods, like River Oaks and Tanglewood, follow this line of thinking, enforcing tight deed restrictions on residents that come out looking a lot like zoned neighborhoods in nearby municipalities like Bellaire and Jersey Village. Second, both zoning and Houston’s deed restrictions are enforced by government officials at taxpayer expense. In most other cities, deed restrictions are overseen and enforced by a private group like a homeowners association, […]

Trending now

gentrification
Only 2 Ways to Fight Gentrification (you’re not going to like one of them)
The problem with “public” transportation
The Great American Streetcar Myth
O’Toole Under More Fire