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"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
This article sets out an approach to land-use planning involving the exchange of rights under performance zoning - the setting of performance standards in land use such as the protection of property owners from adverse impacts resulting from the use of nearby land. Performance zoning offers high levels of flexibility to landowners to pursue different uses of their property within the limits of agreed standards and reduces the role of bureaucratic and political processes in the implementation of planning regulations.
The changes will be economically disruptive because they increase uncertainty in property markets, weaken the contractual nature of land development, and provide more opportunities for planners and the general public to delay development. The result will be more volatile property markets, reduced supply and higher prices and rents.
Researchers have responded to urban sprawl, congestion, and pollution by assessing alternatives such as smart growth, new urbanism, and transit-oriented development. Underlying this has been the presumption that, for these options to be given serious consideration as part of policy reform, science has to prove that they will reduce auto use and increase transit, walking, and other physical activity. Zoned Out forcefully argues that the debate about transportation and land-use planning in the United States has been distorted by a myth?the myth that urban sprawl is the result of a free market. According to this myth, low-density, auto-dependent development dominates U.S. metropolitan areas because that is what Americans prefer. Jonathan Levine confronts the free market myth by pointing out that land development is already one of the most regulated sectors of the U.S. economy. Noting that local governments use their regulatory powers to lower densities, segregate different types of land uses, and mandate large roadways and parking lots, he argues that the design template for urban sprawl is written into the land-use regulations of thousands of municipalities nationwide. These regulations and the skewed thinking that underlies current debate mean that policy innovation, market forces, and the compact-development alternatives they might produce are often 'zoned out' of metropolitan areas. In debunking the market myth, Levine articulates an important paradigm shift. Where people believe that current land-use development is governed by a free-market, any proposal for policy reform is seen as a market intervention and a limitation on consumer choice, and any proposal carries a high burden of scientific proof that it will be effective. By reorienting the debate, Levine shows that the burden of scientific proof that was the lynchpin of transportation and land-use debates has been misassigned, and that, far from impeding market forces or limiting consumer choice, policy reform that removes regulatory obstacles would enhance both. A groundbreaking work in urban planning, transportation and land-use policy, Zoned Out challenges a policy environment in which scientific uncertainty is used to reinforce the status quo of sprawl and its negative consequences for people and their communities.
Prepared for the consideration of the National Commission on Urban Problems.
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.