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2018 | Book

One Hundred Years of Zoning and the Future of Cities

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About this book

This book reconsiders the fundamental principles of zoning and city planning over the course of the past one-hundred years, and the lessons that can be learned for the future of cities. Bringing together the contributions of leading scholars, representing diverse methodologies and academic disciplines, this book studies core questions about the functionality of cities and the goals that should be promoted via zoning and planning. It considers the increasing pace of urbanization and growth of mega cities in both developed and developing countries; changing concepts on the role of mixed-use and density zoning; new policies on inclusionary zoning as a way to facilitate urban justice and social mobility; and the effects of current macrophenomena, such as mass immigration and globalization, on the changing landscape of cities. The book’s twelve chapters are divided into four parts, each addressing different aspects of zoning and planning by combining theoretical analysis with a close observation of diverse case studies from North America and Europe to the Middle East and developing economies. Part I offers a critical analysis of the conventional account of zoning as a top-down form of land-use regulation starting with the 1916 NYC code. Part II studies how contemporary concepts of zoning, both substantive and procedural, impact the built environment across today’s cities. Part III revisits the economic foundations of zoning and urban policy in the context of domestic markets, as compared with the regulatory and market effects of interstate agreements on cross-border real estate investments. Part IV analyzes the dominant, yet often implicit social and political motives that are driving zoning policies across different countries. This volume’s focus on the ties between zoning policy and economics, politics, socioeconomic conditions, and the local-to-global scope of governance will appeal to scholars and students of political science, economics, law, planning, sustainability, geography, sociology, and architecture, as well as policy-makers and practitioners, especially those in developing countries and transitional and emerging economies.

Table of Contents

Frontmatter

Revisiting the History of Zoning

Frontmatter
Split Apart: How Regulations Designated Populations to Different Parts of the City
Abstract
This chapter reviews how urban regulations in history have been used to relegate populations to different parts of the city and its environs. Its main purpose is to place the twentieth-century U.S. zoning experience in historic and international context. To this end, based mostly on secondary sources, the chapter first surveys a selection of major civilizations in history and the regulations they invented in order to keep populations apart. Then, based on primary sources, it discusses the emergence of three methods of residential segregation through zoning which took root in early twentieth-century United States. The three methods are: segregating people by race, segregating them by different land-area standards, and segregating them based on both land-area standards and a taxonomy of single- versus multi-family housing.
Sonia A. Hirt
North-American Zoning: Real-Estate Regulation—Past, Present and Future
Abstract
In the United States and Canada, zoning is primarily a tool for the regulation of real-estate development and only secondarily an element of city planning. This is so historically speaking—zoning was adopted primarily as a means of controlling nuisances that could lessen property values—and it is so in contemporary planning practice. As a regulatory tool, zoning is necessarily a local affair; but as a planning tool, it must necessarily become a supra-municipal one. Historical and contemporary material from Canada and from the United States buttress a critical argument on the past, present and likely future of zoning in these countries.
Raphaël Fischler
The Missing Link in the Evolution of Zoning
Abstract
The centennial of the 1916 New York City Building Zone Resolution provides an exceptional opportunity to reconsider the regulatory and legal basis upon which the key governmental power of zoning is founded. The motive to control the various market externalities embedded in land use regulation, from effects on commercial activity to changes in housing prices, has practically guided local governments in the United States from the very first days of zoning. Yet at the same time, such considerations of market externalities remained in the shadows of explicit zoning law and policy, as the discussion was re-routed to the allegedly more stable foundations of zoning, such as control of environmental, fiscal, or social externalities. This chapter identifies the missing link in the evolution of zoning, showing how the control of market externalities has had an unsung yet powerful impact on the zoning power from its early days.
Amnon Lehavi

The Changing Landscape of Zoning

Frontmatter
Rethinking Zoning for People: Utilizing the Concept of the Village
Abstract
In this chapter, we propose it is time to re-think and re-imagine how we approach zoning. This is especially true for suburban developments. Today, especially in the United States, zoning in suburban areas is being used to segregate and separate the component parts of our communities into distinct zones which are spread out geographically and in most cases require the daily use of an automobile. The negative consequences of this form of development for health, community and the environment are discussed. Using a study of neighborhoods in Dublin, Ireland and its suburbs we examine how professionals and the public view the places they live and connect these perspectives to the manner in which zoning has changed over the course of the twentieth century. Insights from these professionals and the public lead us to propose that planners, engineers and developers be expected to think more about the kinds of walkable village neighborhoods that people seem to be drawn to almost instinctively. We urge that zoning laws be re-purposed to enable the building of communities that people prefer to live in.
Kevin M. Leyden, Lorraine Fitzsimons D’Arcy
Community Benefits Agreements: Flexibility and Inclusion in U.S. Zoning
Abstract
Community benefits agreements (CBAs) have been recently introduced as adjuncts into the traditional U.S. zoning process. These agreements are executed by developers of major real estate projects and community groups representing the neighborhood where the development is to be built. Government often collaborates in CBAs to varying degrees, including participating in the CBA negotiations, or executing the document. CBA provisions usually bind developers in two ways: (1) CBAs impose requirements similar to those of typical land use regulation, focusing on reducing physical negative externalities of the project; (2) CBAs institute community development obligations, including providing jobs and support for community building. Community groups value CBAs because they give greater and more direct control over their neighborhoods and address community enhancement issues not covered by zoning. Many developers believe that neighborhood support through a CBA will help gain any needed governmental approvals. Public policy is served because CBAs bring inclusiveness and transparency to the land regulation process, even though there may be a loss in public planning on a municipal-wide basis.
Gerald Korngold

Economics of Zoning: A Case-Study Analysis

Frontmatter
Zoning in Reunified Berlin
Abstract
While urban renewal programs have become widely-used policy measures to target urban development, the reasons why certain areas are more responsive to policy interventions than others are less known. With this study, we address some of these issues by analyzing an urban renewal program in Berlin, Germany, with 22 designated renewal zones between 1990 and 2012. We separately estimate the effects of the renewal policy on property prices for each respective redevelopment area by comparing price developments in these areas to a series of runner-up areas and to geographically close transactions. We find a considerable amount of heterogeneity. While some areas profit from the renewal policies, there are several areas which develop quite differently and end up with a decrease in property prices due to the urban renewal policy.
Gabriel M. Ahlfeldt, Wolfgang Maennig, Felix J. Richter
Land Use Regulations and Fertility Rates
Abstract
Previous literature has shown that land use regulations influence where people choose to live within the United States by impacting housing prices. In this chapter, we study the impact of these same regulations on another component of population growth-fertility rates. First, we employ a dataset on the stringency of land restrictions using court based measures created by Ganong and Shoag (Why has regional income divergence in the U.S. declined?.Journal of Urban Economics, in press). We add to this separate cross-sectional measures of land use regulations from the American Institute of Planners, the Wharton Urban Decentralization Project survey, and the Wharton Residential Land Use Regulation Index (WRLURI). Combining this data with fertility data from the CDC and the Survey of Epidemiology and End Results data, we explore the impact of land use regulations on fertility at both the state and county level. We find a significant negative relationship between land use restrictions and fertility rates across all measures and geographies. Specifically, we find that land use regulations reduce fertility rates for teens and women in their 20’s while increasing the fertility rate for women in their 30’s or older to a lesser degree.
Daniel Shoag, Lauren Russell
The Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA) and its Impact on Property and Zoning in Germany
Abstract
The European Commission hopes that the Comprehensive Economic and Trade Agreement with Canada (CETA) will result in increasing wealth, more competitiveness, and hundreds of thousands of new jobs. There are also plans to harmonize standards and to introduce or monitor new regulations and norms that go beyond the existing member-state legal framework and are to be safeguarded by means of regulatory collaboration and legal supervision. The debate on CETA has not yet reached planning law, construction law, or procurement law in practice. Land as immovable property is mentioned explicitly as an investment asset, and land policy is the “blind spot” in foreign investment treaties. This chapter analyzes the current dynamics for the comprehensive land policy structure in Germany. In this paper, the purpose and proportionality test of CETA—from the constitutional and national spheres down to the municipal level—will comprise of the criteria of fairness, legitimacy, the balancing of investors’ expectations, and states’ regulatory measures. This chapter explains why the standards and provisions of CETA potentially conflict with the constitutionally guaranteed principle of local self-governance in land policy. The democratic legitimacy of foreign investment treaties regarding real estate remains to be verified, since the controversial relation and distinction between lawful regulation, the fair and equitable treatment standard, and indirect expropriation, lack substantial empirical evidence.
Fabian Thiel

Social and Political Dimensions of Zoning

Frontmatter
Checks and Balances in Planning Decentralization: Lessons from Ontario
Abstract
Recent discourses on planning reform have been characterized by a shift from centralized hierarchies and rigid tools to decentralized networks and “softer” tools. However, reforms have not been unidirectional, either because of pluralist decision-making, or of conscious attempts to assure checks and balances in the system. Understanding explicit and implicit checks and balances is crucial in the evaluation of planning systems and in assessing steps towards rescaling of planning powers. The analysis of the Ontario (Canada) planning system, consisting of a comprehensive overview and tracking several residential projects, identifies checks and balances that have accompanied decentralization of powers to local government. These consist of an effective provincial appeal board, binding provincial planning documents, municipal official plans approved by the province, and high quality planning bureaucracies at the local government level (benefitting from past municipal amalgamations), in a system not infested by endemic corruption. The provincial appeal system and the use of ad-hoc density bonusing as a major flexible planning tool are subjects of substantial controversy, but the Ontario system demonstrates checks and balances that involve the central state, local state and an autonomous appeal system, and a balance between elected decision makers and qualified professional bureaucracy.
Eran Razin
Revitalizing Land Use Law: The Burdens-Benefits Ratio Principle
Abstract
As a way of celebrating its centenary, I sketch out a vision of how to revitalize land use and zoning law. Such a vision is called for not merely because of the marking of 100 years of zoning. Due to the immense impact land use laws have on human lives and their surroundings, it is crucial to regenerate the land use law system and to ground it within an ethical foundation. A land use law system should be based on an ethical commitment to fairness and sustainability. It should be guided by principles of democracy and transparency; by norms of accessibility, diversity, and density; and by a requirement to preserve a fair ratio between the distribution of burdens and the allocation of benefits. This chapter’s focus is on the latter principle, which is demonstrated by two examples: on how to substantiate development agreements, and on how to analyze the distributive effect of eminent domain.
Ronit Levine-Schnur
Backmatter
Metadata
Title
One Hundred Years of Zoning and the Future of Cities
Editor
Amnon Lehavi
Copyright Year
2018
Electronic ISBN
978-3-319-66869-7
Print ISBN
978-3-319-66868-0
DOI
https://doi.org/10.1007/978-3-319-66869-7