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Category Zoning

Covenants as a substitute for Euclidean zoning

Recently, Adam, Stephen, and I did a podcast with Jake at The Voluntary Life about The Voluntary City. The book is a collection of papers on free market solutions to urban challenges, and we will post a link to the podcast here when it’s available. In one chapter of the book, Stephen Davies discusses covenants as an emergent solution to the externality challenges inherent between neighbors using their property as they see fit. Since this topic came up in the comments of a recent post about neighborhoods built before Euclidean zoning was widely adopted, I thought it deserved further discussion. A couple of commenters suggested that because properties in Baltimore’s Roland Park neighborhood were sold with deed restrictions attached, the development there was not “organic.” My word choice was ambiguous, but in the post I meant it to signify that the development occurred in response to a market process as opposed to a regulatory regime. Private contracts governed land use as opposed to municipal rules. Davies explains that covenants first came into widespread use in England, as the country was urbanizing between 1740 and 1850. Because developers could achieve higher values for their land by ensuring complementary uses between adjacent property owners, they put covenants in place to restrict the land uses that would be permitted within a community. Some of these covenants even went so far as to specify house’s architectural details. He writes: Covenants were used in almost all urban development of the period and for a long time thereafter. Whenever a piece of land or the power to use that land was transferred from one party to another, the transfer, whether a lease or a sale, would normally contain a number of specific stipulations, or covenants. Covenants (literally, treaties) were legally binding agreements between the parties that […]

The Little-Known History of “Light and Air”

“Light and air” is a very common excuse that people give for why we must have basic zoning laws, and while nowadays a lot of people mean it simply in an aesthetic sense – another way of saying “I like to be able to look out a window and not see another skyscraper 50 feet away” (though for some reason when said interaction happens on the second or third floor, it’s okay?) – the origins of it are very interesting, and I believe crucial to understanding today’s urban plans. Of course, the ideas that turn-of-the-century planners had about disease and density turned out to be totally incorrect – privacy and being able to look out a window is nice, but the lack thereof is not a great health risk. As Robert Fogelson writes on pages 125-26 of Downtown: Skyscrapers were also a serious menace to public health, advocates of height limits charged. As early as the mid 1880s, they said that tall office buildings were turning the streets below into dark, damp, and gloomy canyons. During the winter they blocked the sun, leaving the cold streets even colder. During the summer, wrote American Architect and Building News, they acted as “storehouses of heat,” driving up the temperature after sunset, making the once cool and refreshing nights unbearable. The skyscrapers also shrouded the nearby buildings in darkness, forcing the office workers to rely on artificial light – which, it was believed, put a strain on the eyes. Worst of all, the skyscrapers deprived both the streets below and the adjacent buildings of fresh air and sunlight. To Americans who still held that disease was a product of the “miasma,” the noxious vapors that permeated the cities, the lack of fresh air was bad enough. To Americans who believed in the new […]

David Alpert calls out Virginia Tea Party group as land use statists

David Alpert at Greater Greater Washington has been on top of a story out of Virginia about a Virginia Tea Party group and its bizarre and seemingly anti-free market opposition to a state law forcing local governments to make room for dense growth. The law – which was passed a few years ago by Republicans, as David notes – included a few provisions, but the one in question, which a longtime Northern Virginia Republican is seeking to overturn, required each locality to designate an “urban development area” in which it would allow medium density development. It appears that the original plan was to have an urban growth boundary too, outside of which development would be much harder, but I’m not sure that was included in the version that passed. But whatever the rest of the law contained, Del. Robert G. Marshall and Virginia’s Campaign for Liberty are only opposing the provision that forces localities to provide upzoned land “sufficient to meet projected residential and commercial growth” for the next decade or two. I’ve read the bill (it’s relatively short), and the provision in question doesn’t even put a floor on density in the zoning area or cap the amount of parking allowed – all it does is force local governments to allow developers to build at higher densities. Here is, as far as I can tell, the strictest condition on the UDAs, which also have to allow mixed uses and smaller lot set-backs: The comprehensive plan of a locality having a population of 130,000 or more persons shall provide for urban development areas that are appropriate for development at a density on the developable acreage of at least eight single-family residences, 12 townhouses, or 24 apartments, condominium units, or cooperative units per acre, and an authorized floor area ratio of at least 0.8 […]

Links

1. A shameless story of rent control in NYC. Glad to see that the city is forcing developers to subsidize wealthy Manhattanites’ Eat, Pray, Love-like dreams of moving to Paris. 2. The travails of getting a bus lane on a busy LA street where “[m]ore people already travel by bus than by car along the route during peak hours.” 3. Here is what appears to be another example of bad zoning creating blight, and the city using said blight to seize the property via eminent domain and hand it over to favored developers. NYC zoning maps are shockingly difficult to read – can anybody tell me what is allowed to be built, as of right, in the area bounded by 125th and 127th Sts. and 2nd and 3rd Ave. in Manhattan? 4. NYC’s new zoning lite handbook. No code should be so complicated that a 168-page handbook can’t even contain a zoning map.

The roots of anti-density sentiment

Matt Yglesias, Kevin Drum, and Ryan Avent have been discussing the political economy of anti-density regulations, and I have a lot of comments, but I’m not sure I have the time (or, really, the patience) to air all of them. So, we’ll see how long this post gets. First of all, I think all this talk of federal policy is misguided. Writing about the federal government sells well in journalism since it reaches the widest audience, but even taking into account the feds’ massive power grab over the last century, the real action is still at the local level. Local property tax distortions favoring single family homes are widespread and egregious, but orders of magnitude more ink gets spilled about the relatively ineffectual mortgage interest tax deduction. Fannie Mae and Freddie Mac’s refusal to fund mixed use developments is unfortunate, but it’s nothing compared to the almighty parking minimum. So while obviously the rural-biased Senate isn’t doing urbanism any favors, the nation’s Greatest Deliberative Body is next to meaningless when compared to lowly municipal governments. Secondly, I think that historically speaking, Ryan Avent is starting his analysis a few decades too late. He cites the Great Migration(s) of blacks out of the South and the law-and-order backlash as a reason that American politicians fear density, but the real anti-density legislation began around the turn of the century, decades before the black boogeyman hit the scene. And while the federal highway projects that Ryan cites were bad for cities, they were really the final nail in the coffin – urban business associations welcomed them as a cure for decentralization. In other words, cities were already in decline by the time the interstate highways started papering over neighborhoods. The real germ entered the system decades earlier. In my opinion, at least, the […]

Even Jane Jacobs thought Houston doesn’t have zoning

“Houston has no zoning” is a very popular urban planning meme. It has its roots in Houston’s lacks one very specific kind of zoning: Euclidean separation of residential, commercial, and industrial uses. Euclidean zoning happens to be the one kind of planning that people easily understand (the whole meatpacking-plant-in-my-backyard fear), and so the usual panoply of density-inhibiting regulations (parking minimums, minimum lot requirements, FAR restrictions, etc.) is downplayed or even outright ignored, despite Michael Lewyn’s claims that Houston is in many ways more restrictive than even its Sun Belt neighbors. But still, despite its pervasiveness, I was surprised to hear from commenter Alon Levy that in a 2001 interview with Reason Magazine, even Jane Jacobs was still laboring under the myth: Reason: When the change comes, if it is an incremental, slowly evolving, uncontrolled sort of natural change, it’s easy for society to accommodate that, isn’t it? Jacobs: Yes it is. But if all that zoning is kept, that can’t happen. Reason: This is why I’m one of the few people you’ve met who likes Houston, because it has no zoning. Jacobs: It has no zoning. But all the same, it looks like all the places that do have zoning. Because the same developers and bankers who deal with places that do have zoning carry their same ideas when they finance or build something in Houston. Reason: There are not enough Houstons to change the way things are built or developed? Jacobs: Right. Maybe I’m just a sadist, but my favorite part of the interview was the first few pages where the interviewer tries to get Jacobs to support the usual libertarian “war on cars” line and she deftly avoids it. Finally, he thinks he’s gotten her when she says something bad about New Urbanism, but then it turns out […]

Why I don’t like Inclusionary Zoning

Inclusionary zoning is a hot item among urban planners today, and is often seen as a solution to residential segregation and high housing costs. Exact implementations vary, but the general idea is that developers of multi-unit housing projects are encouraged to set aside a certain percentage of their units, generally ranging from 10-30%, but sometimes even more, as “affordable housing” units. In other words, some proportion of the units are under rent controls to the point where they must be rented (or sold) at a loss by the developer. Sometimes the schemes are voluntary and give developers density bonuses, sometimes developers can pay a fee instead of setting aside units. The exact proportion of units that must be set aside and loss developers take on each unit also varies. As you can imagine, I’m not in favor of this system, but it’s a complicated issue, so this is going to be a long article. Inclusionary zoning is a relatively new concept, first implemented in the 1970s, to combat the growing problem of residential segregation of classes and races, whose origins are interesting and, I think, germane to the conversation. I generally see two explanations given by proponents of IZ for why segregation and unaffordability arose in the first place: market forces and zoning (or, as they call it, exclusionary zoning). Quoteth a law review article: Affordable housing has always been a problem in the United States. Cities and towns originally engaged in forms of discrimination through exclusionary zoning to exclude low-income residents. Of course, this is only true if your history begins in 1930. But from the mid-18th century to the turn of the century, America underwent a tremendous urban population boom fueled by railed transit and a massive immigration wave from Europe, and the housing stock adjusted just fine […]

This is how gentrification happens: Northwest DC and the height restriction

Lydia DePillis wrote the Washington City Paper’s cover story on the case for Congress overturning DC’s height limit, which should be very familiar to readers of this blog. It’s got some interesting history in it (DC’s height limit was apparently influenced by George Washington’s personal aesthetics, despite the fact that he never governed from the city), but the part that was really interesting to me was the part where she discusses what the new limitations should be. It’s not politically practical to advocate for lifting the limit without reservations, as we here would like, and there are the usual caveats and equivocations (“What if additional height were granted on a competitive basis, and awarded for the best design?”). But the part that really stood out to me was this graphic (click on the image and scroll to the bottom of the linked page to see a bigger version), outlining where Lydia thinks the height restrictions should be lifted: Anyone familiar with DC geography will notice that the area most insulated from change – Northwest DC – is the richest part of town, full of desirable white neighborhoods. The areas where DePillis advocates lifting the height limit – neighborhoods east of the Anacostia River figure prominently in the graphic – are far blacker and poorer than the rest of DC. Sure, there are pretty buildings in NW and a lot of ugly ones in Anacostia, but there are also beautiful homes off of Benning Road and shitty ones in Burleith. (Which, I should add, could desperately use some taller buildings, given its proximity to the perpetually housing-strapped Georgetown University and its rather ugly architecture compared to Georgetown proper.) This tactic of upzoning poor black neighborhoods while leaving white neighborhoods unchanged is very common, and I realize that Lydia is just trying […]

Midnight links

1. Cap’n Transit weighs in on the ARC debate, and shows that Chris Christie is more interested in shifting resources to his suburban constituents than to cutting spending. Here’s the best part: Editorial board member: What’s the difference between a gas tax hike and a fare hike, besides who it lands on? Christie: That’s the difference. 2. The Los Angeles Times profiles Donald Shoup. I liked this part: Shoup depends on his bicycle for much of his mobility. He freely confesses, however, that when behind the wheel of his silver 1994 Infiniti J30, he often circles the block looking for a free parking space. “I don’t like paying for parking,” he says with a shrug. 3. Matt Yglesias notes DC’s second-only-to-NYC office rents, and blames them on the city’s absurd height restriction.  I’m happy that Yglesias is interested in urbanism, but it doesn’t really appear like he reads/interacts with the wider planning blogosphere (I stand corrected).

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