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Category Zoning

How to Sidestep FAR Restrictions: Mezzanine Floors

Most municipalities use the Floor Area Ratio (F.A.R.) metric to restrict development within their communities.  F.A.R. is calculated by dividing the total floor area of a building by the area of the site it is built upon.  In achieving planners’ and neighbors’ questionable objective of “preserving the character” of their communities, F.A.R. is a somewhat arbitrary metric that does little to effectively regulate “character”. In what I see as a great example of the silliness of FAR limits, a recent development in Brooklyn used an interesting, yet not unusual, method to build more space than allowed by zoning laws: mezzanine floors.  From Curbed NY: On the blueprints as "storage space" and not calculated into the building’s overall floor-to-area ratio, the zoning-busting half-floors can be converted to living space after the fact, as long as it’s kept reasonably hush-hush—though the broker in this case eagerly told the gadfly, "Those storage spaces can be converted into living spaces after the closing." Maybe a bump on the head is to blame? Photos from original source, Pardon Me For Asking:   The lengths developers are willing to go to subvert zoning, goes to show the extent that restrictions harm the marketplace.  Unfortunately, methods like this aren’t effective against more affordability-destroying restrictions such as limits on the number of units allowed on a piece of land.

Urban[ism] Legend: The Myth of Herbert Hoover

Herbert Hoover is not a man I consider a “Legend” – quite the contrary.  I use the words “Urbanism Legend” in the context of the series of posts intended to dispel popular myths as they relate to urbanism. Myths and fallacies about Herbert Hoover are abundant these days as the media discusses the Great Depression. Most of the myths incorrectly accuse Hoover of being a laissez-faire ideologue. However, Hoover is better described as a Progressive, and strongly believed in the power of government to shape society. (at the time Progressive elitists enjoyed a home within the Republican party and advocated vast social engineering programs such as alcohol prohibition) This was a significant departure from the relatively laissez-faire doctrines of previous Republican Presidents Coolidge and Harding. In fact, Hoover’s commitment to progressive programs prompted Franklin Roosevelt’s running mate, John Nance Garner, to accuse the Republican of “leading the country down the path of socialism” during the 1932 presidential campaign. I urge everyone to learn more about Hoover’s progressive interventionist policies on your own. (I also recommend Rothbard’s America’s Great Depression)  But, let’s look at Hoover’s anti-urbanist interventions, and legacy of sprawl. Hoover, an engineer by trade, was a strong supporter of the Efficiency Movement, a significant campaign of the Progressive Era.  He believed everything would be made better if experts identified the problems and fixed them, and that efficiency could be achieved through government-forced standardization of products. This helps explain Hoover’s zealous affection for planning, zoning, home ownership, and various objectives often shared by the (often conflicting) elitist-progressive strains seen in Robert Moses or Lewis Mumford (and later New Urbanists).   (not to be confused with the Roosevelt New Deal Democrats who preferred intervention to promote decentralization and ruralization) Hoover’s philosophy on planning and zoning could be exemplified by his praise of […]

The Story of I’On: Struggles of a New Urbanist Project

  I recently googled upon a post at a blog called “Rub-a-Dub” that mentioned a land development project in Mount Pleasant, SC called I’On. I imagine the developers of the I’On “Traditional Neighborhood Development” (TND) community are sympathetic with Market Urbanism, as they named streets after John Galt (of Ayn Rand’s Atlas Shrugged), free-market economists Ludwig Von Mises and Thomas Sowell, as well as urbanist writer Jane Jacobs. (ironically, Jane Jacobs Street doesn’t have sidewalks) Who says New Urbanists and free markets can’t mix?  (well, I’m sure we all can name at least one such person…) What I found interesting was the story of the development shared in the comments of the post by Vince Graham, Founder and President of the development company.  The story really conveyes the struggles developers go through to get projects through the approval process; especially when the standard 20th century, auto-centric layout is being challenged by innovative development solutions. The reason why there is only single family homes and a limited amount of commercial space in the neighborhood is due to unfortunate compromises necessary to get the neighborhood approved through the arduous political process. Here is a summary: A Summary of the Political Background and Permitting History for I’On. Background:The traditional walking neighborhood of I’On is located on a 243-acre infill site in Mt. Pleasant, SC located 5 miles from Charleston’s historic district and 3 miles from the Old Village of Mt. Pleasant. The site is surrounded by conventional subdivision development of the 1950’s, 60’s, 70’s, and 80’s. Approximately 60% of I’On’s acreage was originally comprised of former agricultural fields, 30% was 30-40 year old hard wood growth, and 10% took the form of three man made lakes. The design workshop for I’On took place in May of 1995. I’On received approval in March of […]

Another Angle on Planning in Houston

Brian Phillips at Live Oaks contacted me regarding the recent post by Stephen Smith on planning in Houston. Brian is a long time opponent of land use restrictions and defender of property rights in Houston. Brian has a different point of view on the subject, and has written a post on his blog, which I hope will spark some lively conversation. Brian invited me to publish a copy of his post at Market Urbanism. Tomorrow, I hope my schedule gives me the opportunity to share some of my thoughts on the topic, because I sympathize with both authors’ points of view. In the meantime, I want to share Brian’s post right away to get readers reactions to it: Urban Legends: Myths About Houston by Brian Phillips In a recent posting titled “Is Houston really Unplanned?” on Market Urbanism, Stephen Smith attempts to debunk alleged myths about Houston and planning. In the process, he actually engages in a much more widespread error–the failure to essentialize. (Here is a good explanation of essentializing.) Smith cites several examples of land use regulations in Houston, such as minimum lot size mandates and regulations dictating parking requirements for new development. He argues that these regulations, along with the city’s enforcement of deed restrictions, refute claims that Houston has developed primarily on the basis of free market principles. Smith’s position is common. Zoning advocates actually used similar arguments in the early 1990’s. Zoning advocates were wrong then, and Smith is now. Admittedly, Houston is not devoid of land use regulations. But the nature, number, and scope of those regulations is significantly different from other cities. There is an essential difference between the regulations in Houston and those in other cities. The permitting process in Houston is relatively fast compared to other cities, and the expenses incurred […]

Urban[ism] Legend: Is Houston really unplanned?

by Stephen Smith It seems to be an article of faith among many land use commentators – both coming from the pro- and anti-planning positions – that Houston is a fundamentally unplanned city, and that whatever is built there is the manifest destiny of the free market in action. But is this true? Did Houston really escape the planning spree that resulted from Progressive Era obsessions with local planning and the subsequent grander plans of the post-WWII age of the automobile? Michael Lewyn, in a paper published in 2005, argues that commentators often overlook Houston’s subtler land use strictures, and recent developments in the city’s urban core reaffirm this. It is definitely true that Houston lacks one of the oldest and most well-known planning tools: Euclidean single-use zoning. This means that residential, commercial, and industrial zones are not legally separated, though as I will explain later, Houston remains as segregated in its land uses as any other American city. But single-use zoning is not the only type of planning law that Houston’s government can use to hamper development. As Lewyn lays out in his paper, minimum lot sizes and minimum parking regulations abound in this supposedly unplanned City upon a Floodplain. He discusses a recently-amended law that all but precludes the building of row houses, a stalwart of dense urban areas (the paper is heavily cited and poorly formatted, so I’ve removed the citations): Until 1998, Houston’s city code provided that the minimum lot size for detached single-family dwellings was 5000 square feet. And until 1998, Houston’s government made it virtually impossible for developers to build large numbers of non-detached single-family homes such as townhouses, by requiring townhouses to sit on at least 2250 square feet of land. As Siegan admits, this law “tend[ed] to preclude the erection of lower […]

Euclid’s Legacy

While well intentioned, like many progressive interventions of the eary 1900s, zoning has contributed to sprawl (which has begun to be demonized by progressives over the recent decades) and served to inhibit the vitality and diversity of urban neighborhoods. The triumph of the core philosophy behind Euclid vs. Ambler later enabled destructive urban renewal projects using eminent domain to displace entire neighborhoods, the emergence of unfriendly NIMBY activism, and more recently helped give legitimacy to the decision in the highly controversial Kelo v. New London Supreme Court Case. Steve at Urban Review STL, a Saint Louis-based urbanism blog, wrote a great summary of Euclidean Zoning in the US. The solution to these urban ills was zoning. Cities would create “land use” maps segregating industrial, office, retail, and housing. Early efforts were often used to keep industry from spoiling more pleasant areas of town. In Ohio the Village of Euclid, a Cleveland suburb, enacted zoning in 1921 to keep Cleveland’s industry out of its jurisdiction. A property owner viewed the restriction on the future use of their land as a “taking” by the government and filed suit. The case, Village of Euclid, Ohio v Ambler Realty, went all they way to the U.S. Supreme Court. A lower court had ruled the zoning law to be in conflict with the Ohio & U.S. Constitutions. The Supreme Court, however, disagreed and reversed the lower court’s ruling. Their November 22, 1926 ruling declared use zoning as legal. Since then it has been known as “Euclidean zoning.” In the 82 years since the Supreme Court validated the zoning ordinance for the Village of Euclid, Ohio we’ve managed to take a simple concept — keeping out heavy industry — to a point beyond reasonable. Cities and their suburbs now over regulate uses on land. Residential areas, […]

Matt Yglesias fails to make the right case against highways

Matt Yglesias is one of the best mainstream bloggers on land use/transportation that I know of. As one blogger (who I don’t recall right now) once said, his urban planning and transportation posts could be blogs in their own right. However, it’s puzzling that in an article for Cato Unbound, he comes up with such a pathetic rejoinder to the O’Toole/Cox/Poole “vulgar libertarian” transportation cabal, who don’t seem to have ever met a road they didn’t like: Or consider the fact that Randall [sic] O’Toole is indignant about the prospect of public expenditures on mass transit systems, but appears to have little to say about public funding of highways. This, too, looks more like a case of narrow business interests than sterling free market principles. While Yglesias’ instincts are right – current transportation markets in America are highly distorted – the reason they’re distorted has little to do with the ways highways are financed. Based on some basic figures, Randal O’Toole concludes that the vast majority of road funding – over 80% – comes out of user fees. Now, of course there are still some subsidies there, but it’s really nothing compared to the subsidies that mass transit systems receive, which in America never even come close to covering operating costs, never mind capital expenditures. Now, there are some problems with the 80% number, such as the government’s favorable access to bond markets and the legacy of infrastructure that wasn’t paid for with user fees, but all in all, it’s hard to argue that roads have a subsidy advantage over mass transit. However, that’s not to say that Yglesias doesn’t have a point when he says that libertarians and conservatives have blind spots when it comes to how they see transportation. But the real government benefit that the road/car system […]

The Market, Zoning, and Freedom.

J. Brian Phillips wrote a great post at Houston Property Rights about liberal property rights in Houston, but what Brian had to say applies to every place. Here’s a snippet, but the entire post deserves a reading: when developers and builders see a need for greater density, they respond accordingly. And they can respond relatively quickly because they do not need to spend years seeking the approval of those who do not own the property. The market is a dynamic place. Each participant is motivated by his own self-interest, seeking to find the best use for his abilities and assets. When the market is unfettered, individuals can act as their judgment dictates, even when others think their ideas are folly. They need not convince the ignorant, the short-sighted, or bureaucrats. They need only convince those who choose to deal with them– their investors, their employees, and their customers. And each of these are motivated by their own self-interest. Those who seek to impede the market, which means impede the voluntary choices of individuals, are motivated by something entirely different. For all of their rhetoric about protecting the public or promoting the common good, their real goal is control. Their real goal is control over the men and women who build and produce. His writing concisely conveys many great points, and then he wraps it up with a rallying closing: no individual has a right to demand that others provide for his sustenance or happiness. He cannot compel others to provide for him, just as others cannot compel him to provide for them. He cannot force others to sacrifice for him, nor can others force him to sacrifice for them. That is not anarchy, that is the rule of objective law. That is freedom.

Dealing With NIMBYs

NIMBYism is the biggest obstacle to the evolution of vibrant urban communities, but the incentives for some to use public forums to impose restrictions on neighboring properties are great. Local politicians often bow to the most vocal residents, often with minority opinions, to avoid making waves, but their impositions are at the expense of the overall community (and the environment). In a recent ULI post and on his own blog, Rob Goodspeed discussed NIMBYism: NIMBY (Not In My Back Yard) activism is as bad as ever and getting worse, according to startling new statistics from a consulting company that specializes in overcoming opposition to development. The third-annual Saint Index, a gauge of public opinion on urban development, found one-quarter of Americans say they or a family member have actively opposed a development project. That means Americans are twice as likely to oppose development than support it. Among the findings, 78 percent of Americans think there should be no new development in their community, 44 percent oppose new apartments or condominiums (up from 34 percent in 2006), and 69 percent say their local government is doing a fair to poor job on planning and zoning. In his blog Rob discusses varying definitions of NIMBYism: The key to understanding NIMBYism comes from political science, not the technicalities of zoning. NIMBYism occurs when a politically unrepresentative minority exacts unreasonable costs on the larger community, up to and including blocking otherwise supported developments. This definition comes from a provocative article by Morriss P. Fiorina titled “Extreme Voices: A Dark Side of Civic Engagement” that appears in this text. Rob discusses strategies and solutions for dealing with activists. I tend to agree that as much as we would like to just ignore them, they don’t just go away. The best strategy is to be transparent […]

Conservatives and Urbanism

Matthew Yglesias – Straight Talk on Gasoline on drilling and how conservative deviation from free-market principles has hurt the environment: Meanwhile, take something like the accessory dwellings issue. Here you have a bunch of regulations that make it illegal for people to live more densely. Illegal, in other words, to build the kind of communities where the gas price issue wouldn’t hurt so much. But there’s a movement afoot to change things. Similarly with minimum parking rules — regulations that interfere with the operation of the free market in such a way as to make it more difficult for people to live energy efficient lives. And again, there are people trying to change this. These things are regulatory barriers to solving our energy problems every bit as much as the ban on offshore drilling is. And conservatives are against regulation, right? Except the anti-drilling regulation is good for the environment and for coastal economies whereas anti-urbanist regulation is economically inefficient and environmentally destructive. Naturally, conservatives have chosen to aim all of their fire at anti-drilling regulations. And that’s the sort of thing that makes the conservative movement hard to take seriously — it’s an organized defense of existing power and privilege that now and again adopts principled rhetorical modes of various kinds but basically can’t be moved to act unless some lobbyists pay them too. Similar arguments could describe progressives too, but that (and drilling for oil) is a topic for other blogs… I agree about the inconsistent anti-market sentiments of conservatives when it comes to urbanism. Conservatives tend to embrace socialism when they can abuse government to create barriers that exclude others from their communities, but not when others benefit from socialism. (Public schools, free parking, government roads, exclusionary zoning, community centers, etc…) They are just fighting over different […]

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