Nearly all large American cities rely on zoning to regulate land use. According to Donald L. Elliott, however, zoning often discourages the very development that bigger cities need and want. In fact, Elliott thinks that zoning has become so complex that it is often dysfunctional and in desperate need of an overhaul. A Better Way to Zone explains precisely what has gone wrong and how it can be fixed.
A Better Way to Zone explores the constitutional and legal framework of zoning, its evolution over the course of the twentieth century, the reasons behind major reform efforts of the past, and the adverse impacts of most current city zoning systems. To unravel what has gone wrong, Elliott identifies several assumptions behind early zoning that no longer hold true, four new land use drivers that have emerged since zoning began, and basic elements of good urban governance that are violated by prevailing forms of zoning. With insight and clarity, Elliott then identifies ten sound principles for change that would avoid these mistakes, produce more livable cities, and make zoning simpler to understand and use. He also proposes five practical steps to get started on the road to zoning reform.
While recent discussion of zoning has focused on how cities should look, A Better Way to Zone does not follow that trend. Although New Urbanist tools, form-based zoning, and the SmartCode are making headlines both within and outside the planning profession, Elliott believes that each has limitations as a general approach to big city zoning. While all three trends include innovations that the profession badly needs, they are sometimes misapplied to situations where they do not work well. In contrast, A Better Way to Zone provides a vision of the future of zoning that is not tied to a particular picture of how cities should look, but is instead based on how cities should operate.
Table of Contents--Elliott Chapter 1: A Brief History of Zoning ¿Euclidean¿ Zoning National Zoning and Planning Enabling Acts Planned Unit Developments (PUDs) Performance Zoning Form-Based Zoning The Result ¿ Euclidean Hybrid Zoning
Chapter 2: Failed Assumptions A Few General Rules Will Do It Separate the Uses Greenfield Standards are Better Variances Will be Rare Non-conformities Will Go Away Zoning Rules Need to be Static Zoning is a Technical Matter
Chapter 3: Evolving Land Use Drivers The Market Tax Limits Transportation Systems Housing Affordability NIMBYism
Chapter 5: The Legal Framework for Change Due Process Regulatory ¿Takings¿ of Property The First Amendment Equal Protection Vested Rights Vagueness Pre-Emption by State and Federal Law
Chapter 6: What Have We Learned? Nine Lessons Focusing on the Process of Zoning Change
Chapter 7: A Better Way to Zone More Flexible Uses The Mixed-Use Middle Attainable Housing Mature Area Standards Living With Non-Conformities Dynamic Development Standards Negotiated Large Developments De-Politicized Final Approvals Better Webbing Scheduled Maintenance What About the Other Good Ideas Chapter 8: The Way Forward Audit for Specifics Prioritize for Political Will Draft for Integration Illustrate How Adopt the Possible Suggested Reading List Bibliography
"Elliott's concise accounts of the origins and logic of most cities' 'Euclidean Hybrid Zoning' would serve as a good primer on the subject for students or citizens new to the field...I think the mantra about simplicity is the most important part of the book, and completely agree with Elliott that 'the more the public knows, the better they can participate at the policy- and rule-making level.' Let's hope his call for simplicity and transparency is heeded."
