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Tag 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 Nation’s mass transit hypocrisy

by Stephen Smith I was heartened to see an article about the need for mass transit in the pages of The Nation, though I was severely disappointed by the magazine’s own hypocrisy and historical blindness. The article is in all ways a standard left-liberal screed against the car and for mass transit, which is a topic close to my heart, though I’d prefer a more libertarian approach to returning America to its mass transit roots as opposed to the publicly-funded version that The Nation advocates. The first bit of historical blindness comes at the end of the second paragraph, when The Nation argues for government investment in mass transit on the grounds that it will “strengthen labor, providing a larger base of unionized construction and maintenance jobs.” But don’t they realize that the demands of organized labor were one of the straws that broke the privately-owned mass transit camel’s back during the first half of the twentieth century? Joseph Ragen wrote an excellent essay about how unions in San Francisco demanded that mass transit companies employ two workers per streetcar instead of one, codifying their wishes through a series of legislative acts and even a referendum. Saddled with these additional costs, the streetcar companies could not make a profit, and eventually the lines were paved over to make way for the automobile. Mass transit companies, whether publicly- or privately-owned, cannot shoulder the burden of paying above-market wages and still hope to pose any serious threat to the automobile’s dominance. The second, and perhaps more egregious error, comes a little later, when The Nation lays the blame on every group but itself for the deteriorating state of mass transit in America: Nonetheless, smart growth and transportation activists still have high hopes that the Obama administration and a Democratic Congress will revitalize […]

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 […]

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, […]

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.

Glaeser on Affordability of NY vs Houston

Harvard Economist Ed Glaeser wrote an opinion piece in the New York Sun about the differences in housing affordability and other costs of living between Houston and New York. New York is naturally more expensive than Houston because the geographical constraints force higher density development, which is more expensive to build. New York’s highly regulated land use and zoning process adds more constraints that exacerbate this problem. On the flip side, Houston has few geographical constraints and relatively loose regulation, allowing the market to allocate housing more efficiently. In conclusion, Glaeser recommends that New York could do much to improve affordability by loosening it’s many regulations. NY Sun – Houston, New York Has a Problem Why is it so much more expensive in New York? For one, supplying housing in New York City costs much, much more — for a 1,500-square-foot apartment, the construction cost alone is more than $500,000. Also, part of the reason is geographic: an old port on a narrow island can’t grow outward, as Houston has, and the costs of building up — New York’s fate, especially in Manhattan — will always be higher than those of building out. And the unavoidable fact is that New York makes it harder to build housing than Chicago does — and a lot harder than Houston does. The permitting process in Manhattan is an arduous, unpredictable, multiyear odyssey involving a dizzying array of regulations, environmental, and other hosts of agencies. A further obstacle: rent control. When other municipalities dropped rent control after World War II, New York clung to it, despite the fact that artificially reduced rents discourage people from building new housing. Houston, by contrast, has always been gung ho about development. Houston’s builders have managed — better than in any other American city — to make the […]

Amateur Economist: Zoning Hurts Housing Affordability

G.L.C. at Amateur Economist wrote an informative article on zoning, an issue which always gets attention at Market Urbanism – Why Zoning Laws Are No Longer a Benefit to U.S. Home Buyers Virtually every town in the United States has zoning laws which affect land use, lot size, building heights, density, setbacks, and other aspects of property use. Zoning laws are government regulated restrictions on how a particular piece of land can be used – residential, commercial, industrial, agricultural, and recreational. They impose many use restrictions, such as the height and overall size of buildings, their proximity to one another, what percentage of the area of a building lot may contain structures, and what particular kinds of facilities must be included with certain kinds of uses. G.L.C. goes on to discuss how zoning restrictions, such as height and density restrictions, constrain the supply of housing nationwide. These supply restrictions causes prices to be higher than they would be without restriction. The article also cites data from research by Ed Glaeser and Joe Gyourko: Edward Glaeser of Harvard and Joe Gyourko of the University of Pennsylvania studied this problem and attributed the error on the supply side to zoning restrictions. They studied the data from over two dozen American cities and concluded that zoning restrictions kept the housing prices high and did not allow competitive forces to correct the supply and demand position.

Hyde Park Chicago Before Zoning

photo by flickr user mandus I recently came across a great blog, Hyde Park Urbanist, which focuses on urbanism in the Hyde Park neighborhood of Chicago. Hyde Park is located along Lake Michigan on the South Side and is the home of The University of Chicago as well as Frank LLoyd Wright’s famous Robie House and Chicago’s Museum of Science and Industry. A recent article discusses how the area originally grew unhampered by zoning, with streets lined with businesses and shops. Then, urban renewal schemes disrupted the natural patterns of living. Presently, planners are seeing the folly of past ambitions. Unfortunately, we have to keep our eyes on the planners as they test out newfangled schemes for future generations to untangle. Hyde Park Urbanist – Before Zoning: this post is about what happened before zoning began to shape Hyde Park’s urban landscape. “urban renewal”, when the commercial heart of Hyde Park was suddenly ripped out. Planning in the late 1950s was primarily about separating residential, commercial and industrial districts. A couple generations later, most planners believe that residential and commercial uses can be combined along one block. That’s a lesson in itself. Half of today’s planning notions will look terribly wrong 50 years from today; we just don’t know which half. The commercial building patterns that Rossi describes occurred before zoning became mildly effective in the late 1920s. Those patterns can be seen as natural, in the sense that they were a response to the marketplace rather than the result of government fiat. (emphasis mine) I recommend checking out the Hyde Park Urbanist’s blog, especially for you Chicagoans…

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