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Category Zoning

Zoning as a Tool of Class Exclusion

In regards to zoning, Discovering Urbanism has a nice post up about early 20th century urban planner Charles Mulford Robinson and his planning textbook.  It includes the following corrective to the notion that zoning originated as a way to separate polluting industry from places of residence and commerce: There’s a common narrative about how zoning unfolded in America. First, planners needed to find ways to separate dangerous and unhealthy factories from the places where people lived. Once the legal basis for this tool was secured, it was eventually employed to separate businesses from residents. The final stage of zoning was to segregating different kinds of people from each other. That’s how we reached where we are today. However, the Robinson textbook indicates that this progression was, if anything, reversed. In reality, residences at the time couldn’t be separated much from industry, because many of the working classes had to be within walking distance from their jobs. On the other hand, some of the very earliest uses of zoning were explicitly intended to separate “exclusive” neighborhoods from the lower classes, whether by requiring minimum densities or barring anything but detached single-family housing. Originally posted on my blog.

Rothbard the Urbanist Part 2: Safe Streets

It turns out the entire Chapter 11 called “The Public Sector, II: Streets and Roads” is actually a chapter on Market Urbanism. Bryan Caplan considers this chapter "the least convincing chapter in the book", but as a Market Urbanist, I strongly disagree. I do admit that his discussion of safety and policing of private local streets involves a great deal of speculation and reliance on faith in the action of individual agents, but the insights into road subsidization and land-use patterns was decades ahead of its time. These insights may not seem so radical now, but imagine the resistance to these ideas in the days before urbanism gained much credibility.

Yglesias Has My Head Spinning…

In his last two urbanism-related posts, Matthew Yglesias makes great points only to dissolve them in a vat of unrelated statements posed as conclusions.  His logical inconsistency seems to invalidate his otherwise pretty good blogging on urbanism. A couple days ago, Matthew blogged about regulation of neighborhood retail, quoting a DC blog: “In DC, zoning laws make that idea [mixed-use retail] prohibitive, and what the zoning laws don’t cover ANC and neighborhood groups do in their zealousness to protect residents from interspersing residences with commercial activity.” …. I really and truly wish libertarians would spend more time working on this kind of issue. And I also wish that ordinary people would think harder about these kind of regulations. Yes!  More, please?   But then, the next sentence leaves me saying, “huh?”: I’m a big government liberal. I believe business regulations are often needed. But still, there ought to be a presumption that people can do what they want. So, I really don’t understand what this post has to do with libertarians anymore – why even mention them. It seems logically inconsistent to presume people can do what they want, while presuming a big government can regulate their economic choices. Now, on to today’s post: Randall O’Toole is a relentless advocate for highways and automobile dependency in the United States. Consequently, I don’t agree with him about very much.  But the thing I consistently find most bizarre about him, is that the Cato Institute and the Reason Foundation have both agreed to agree with O’Toole that his support for highways and automobile dependency is a species of libertarianism. then… Central planning, of course, is the reverse of libertarianism. So if promoting alternative transportation is central planning, then building highways everywhere must be freedom! But of course in the real world building highways […]

Do We Need “New Urbanism” To Fix “Unwalkable Sprawl”?

At Volokh, Ilya Somin discusses a recent piece in the American Prospect (also linked from here) that favors “New Urbanism” to prevent “unwalkable” sprawl.  Somin favors “voting with your feet” as the preferred method of satisfying location preferences.  Unfortunately, voting options have been whittled down through government interventions: To the extent that we do need to enable more people to live in densely populated urban areas, it’s far from clear that government planning is the best way to achieve that goal. We can better achieve the same objective by cutting back on planning rather than increasing it. In many large cities, the cost of housing is artificially inflated by restrictive zoning laws, which tends to price out the poor and some middle class people. In the suburbs, as Adler points out, zoning policies sometimes artificially decrease density, for example by forbidding "mixed use" neighborhoods where commercial and residential uses are in close proximity to each other. The ultimate question is whether we should trust deeper interventions into land use to fix the complete failure of past interventions.  Long before “New Urbanism” was the progressive utopian ideal, sprawling, auto-friendly and trolley-free, single-family suburbs was their “American Dream”.  But, progressives quickly forget their history when it turns out their past visions created something they are now supposed to hate: Like previous generations of planners, the new urbanists often ignore the diversity of human preferences. Some people do indeed like high-density "walkable" environments. Others prefer to have more space and more peace and quiet. Neither preference is inherently superior to the other. To paraphrase a popular liberal slogan, we should celebrate diversity, not seek to use urban planning to force everyone to live the same lifestyle whether they want to or not. The post evokes the typical variety of comments ranging from standard […]

Rothbard the Urbanist Part 1: Public Education’s Role in Sprawl and Exclusion

I’ve been meaning to address the public education system’s complex role in land use patterns, and found that Murray Rothbard does a better job in his 1973 manifesto, For a New Liberty than I ever could.  In summary, locally-funded public education is an engine of geographical segregation, which encourages flight from urban areas, and was a driving motivation for the popular acceptance of exclusionary zoning in newer suburbs.  As a result, wealth is consistently concentrated geographically, and housing affordability is at odds with these restrictions of supply intended to exclude poorer people from draining the property tax base. Here’s a paragraph from the chapter on education: The geographical nature of the public school system has also led to a coerced pattern of residential segregation, in income and consequently in race, throughout the country and particularly in the suburbs. As everyone knows, the United States since World War II has seen an expansion of population, not in the inner central cities, but in the surrounding suburban areas. As new and younger families have moved to the suburbs, by far the largest and growing burden of local budgets has been to pay for the public schools, which have to accommodate a young population with a relatively high proportion of children per capita. These schools invariably have been financed from growing property taxation, which largely falls on the suburban residences. This means that the wealthier the suburban family, and the more expensive its home, the greater will be its tax contribution for the local school. Hence, as [p. 133] the burden of school taxes increases steadily, the suburbanites try desperately to encourage an inflow of wealthy residents and expensive homes, and to discourage an inflow of poorer citizens. There is, in short, a breakeven point of the price of a house beyond which a […]

Stadtluft Macht Frei (city air makes one free)

Thomas Schmidt wrote a great article for LewRockwell.com that covers a lot of urbanist ground, with some help from a broad selection of Jane Jacobs’ work.  Here’s a snippet: Though you might blame any number of obvious villains and historical processes for this, the name Ebenezer Howard would probably not come to mind. Howard created the Garden City idea of moving population out of concentrated urban areas like London and into a country setting, (inspired by the socialist polemic Looking Backward) and proved a major influence on urban planning; Radburn, NJ, where perhaps the cul-de-sac was invented, is an example of a place constructed to his ideal. He is one of the villains of Jane Jacobs’ magisterial classic, The Death and Life of Great American Cities, although she takes pains early on in the book to avoid overt criticism of his motives. Check it out the whole article, I think you’ll like what you read.

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 […]

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