Chapter 1. A Brief History of Zoning
This chapter reviews the evolution of urban zoning since the first major New York City ordinance of 1916. It outlines the basic design of ‘Euclidean’ Zoning” and discusses how the success of that concept led to the publication of National Zoning and Planning Enabling Acts by the U.S. Department of Commerce. The chapter then reviews major themes in post-war zoning reform, including the introduction of negotiated zoning (Planned Unit Developments), performance zoning, and form-based zoning. While emphasizing the strengths of each, the chapter also emphasizes that the various reform tools often do not work well in combination. The result is “Euclidean Hybrid Zoning”, which is difficult for citizens to understand and for developers to use, and that often produces the very opposite of its intended result.
Chapter 2. Failed Assumptions
Chapter 2 begins a discussion of how zoning got to be as confused as it is. It identifies seven assumptions behind the original concept of zoning that have proven false over time. Those seven include assumptions that (1) zoning can be captured in a few simple rules, (2) different land uses need to be separated, (3) standards used in new development areas should also apply to the rest of the city, (4) exceptions to the rules will be needed only rarely, (5) development that does not meet the rules will go away over time, (6) zoning rules need to be static even as change occurs nearby, and (7) that applying the correct zoning is primarily a techincal decision.
Chapter 3. Evolving Land Use Drivers
Chapter 3 continues the discussion of why zoning has failed by identifying five societal and economic forces that have been much more important since 1916. Those five include (1) the power of the real estate market, both as an employer and investor, (2) limitations on local governments’ power to collect taxes, (3) the importance of road and light rail access, (4) the increasing cost of housing relative to incomes, and (5) the Not-in-My-Backyard (NIMBY) syndrome.
Chapter 4. Governing Well
Chapter 4 discusses how the evolution of zoning has emphasized flexibility and citizen support at the expense of effective and efficient government. The chapter identifies six aspects of good governance that are sometimes violated by Euclidean Hybrid Zoning, including (1) effectiveness in encouraging the type of development we want, (2) responsiveness to property owners and citizens, (3) fairness among property owners, (4) efficient governance systems, (5) understandability to the public, and (6) the ability to produce predictable results while allowing some degree of flexibility.
Chapter 5. The Legal Framework for Change
Chapter 5 discusses how the law of zoning does – and does not – constrain our search for better ways to zone. While many citizens believe that the law forces zoning to be the way it is, in fact the law offers broad flexibility to change our approach. The chapter discusses available flexibility within each of the seven key legal doctrines that affect zoning, including: (1) ensuring due process, (2) avoiding regulatory “Takings” of property, (3) protecting First Amendment rights, (4) avoiding equal protection claims, (5) protecting vested rights, (6) drafting to avoid vagueness, and (7) avoiding conflict with state and federal laws.
Chapter 6. What Have We Learned
This Chapter summarizes the information in Chapters 1 through 5 and distills eight lessons that should guide the search for better zoning. It also emphasizes that few model codes meet the needs of large cities, and that zoning can and should continue to evolve over time. It encourages a focus on the process of how zoning changes over time – not a fixed picture of what it should look when it is done correctly.
Chapter 7. A Better Way to Zone
This chapter outlines ten principles that should guide efforts to improve the effectiveness, understandability, and efficienty of zoning in the future. Those principles include (1) defining permitted land uses more broadly and flexibly, (2) making much greater use of mixed use districts, (3) allowing more ways to provide affordable housing, (4) defining separate development standards for mature areas of the city, (5) being more lenient on structures and uses that do not comply with zoning, (6) drafting zoning rules that change automatically as surrounding conditions change, (7) allowing for the negotiation of large, image-changing developments, (8) reducing opportunities for NIMBYism to affect final approvals, (9) using innovative web-based tools to link zoning with other information systems, and (10) planning for periodic – not ad hoc – amendment of zoning rules. The chapter concludes by discussing how these principles are consistent with current trends in Smart Growth and form-based zoning, but are also applicable for cities that do not endorse either of those approaches.
Chapter 8. The Way Forward
Chapter 8 discusses how to overcome the inertia behind current Euclidean Hybrid Zoning to move towards the ten principles outlines in Chapter 7. Those steps include (1) conducting an audit of specific ways in which current zoning does not meet the 10 principles, (2) prioritizing reform efforts to focus on areas where there is political will to change, (3) integrating changes within the current structure of the zoning ordinance, (4) using graphics and illustrations to show how to comply with zoning rules, and (5) having the political will to adopt reforms in spite of inevitable opposition.
