Sunday, January 2, 2022

Reflection on Zoned in the USA: The Origins and Implications of American Land-Use Regulation by Sonia Hirt

             Hirt wrote a really good book here, especially good in its comparisons of American zoning to international practices, mainly in Europe. Hirt also includes sections analyzing the historical development of zoning practices, but those didn’t interest me quite as much.

            Hirt writes that Americans favored zoning because they thought it was straightforward in its constraints of private actions, because they perceived it ats public protections of private property, and because zoning rules guaranteed an idealized housing form in the detached single-family home. Originally, zoning was one of the weaker tools used by German bureaucrats in city planning, as German cities could own land, tax heavily, and construct housing themselves. None of these options are nearly as strong for municipalities in the United States, and so zoning became a critical tool.

            One of the explicit arguments made in favor of zoning at the beginning of the 20th century was that it was a way to raise property values. It still is. In the aggregate, it seems like (although I don’t have data to back this up) that zoning raises property values more than a lack of zoning due to the certainty it provides in terms of what other things can be built nearby. However, what is good for the owner is not good for the renter, as high property values are the same as a high cost of housing, creating a direct conflict.

Comparisons to Other Countries

In one of the most interesting portions of the book, Hirt compares the land use laws of the United States to those of Europe. In their large cities, the vast majority of people live in multifamily structures: 81% in Berlin, 97% in Rome and Madrid, and 99% in Paris. The only city in the US that comes close is New York at 80%, dropping to 62% if we include the metropolis as a whole. Chicago hits 65%, Seattle 46%, New Orleans 31%, and Philadelphia 25%. New York’s metro area is five times lower than Prague’s and ten times lower than Mexico City’s. The key to understanding the European countries’ differences in land use is that none of them give nearly so privileged a position to the detached single-family home.

            England

            England and Wales follow a “discretionary” system that does not presume that ownership rights grant development rights. Even if someone plans to develop on land within the development scheme, it is not a given that they have the right to do so. In the discretionary system, local authorities have the discretion to allow or not allow any and all development. There is no system of regulations that can guarantee a right to build if follows. Instead, everything has to go through public officials, who take into account the public considerations of the development and may not consider the effects on land values or private gain/loss. Hirt says that England is exceptional among the countries she considered because of its extremely centralized and hierarchical planning system, tilted heavily towards private sector goals.

            One of the most important things about English land use is the mandatory greenbelts that exist around the cities. These preserve the English countryside, rather than allow it to turn into sprawling subdivisions. It will be interesting to see how that develops in South Florida, where the Everglades may act as a sort of greenbelt. Supposedly there will be no more expansion west in South Florida, so up is the only way to go.

            France

            The French system includes Spain, Portugal, Belgium, Holland, Greece, Italy, and France. Hirt says it is one member of the “Napoleonic family” of land use, which also includes Germany and Sweden. France is somewhat less authoritarian than England. While all private development requires permission, France grants permission as long as the private party follows regulations in advance, unlike England, where the local authority will still exercise discretion even if the private party follows all the rules.

            The French system is therefore more similar to the American system with key differences. First, France has much more fragmented local government, with about the same number of municipalities as the USA in a country five times smaller. France practices local planning, but also regional planning (more than the USA). But the bigger difference is that France’s zones are much broader. For example, the General Urban zone overs most of Paris and allows for houses, apartments, shops, restaurants, cafes, and offices. The key determinant of building in Paris is not the land or building use. Instead it is floor-to-area ratio. Within General Urban Zone, there are two subzones, “residential protection sector” and “sector where mixing housing and employment is encouraged.” However, residential protection is a misnomer to American ears, because both allow for mixed uses, just a higher percentage of residential in “residential protection sectors.” This allows for French cities to be mixed instead of dividing them into several zones with single functions.

Germany

Germany, Austria, and Switzerland are part of the German planning family, which is really extremely similar to the French family. In Germany, planning occurs at all levels: federal, state, regional, and local. Like England, Germany highly protects non-urbanized areas from further development, a concept completely foreign to Americans, who will see subdivisions built in the middle of nowhere, sprawling out. As a result, development is limited mostly to urban areas and the areas immediately surrounding them.

Like France, the German segregation of land uses is much softer than in the USA. There is no exclusive single-family zone, and the “small-scale residential” areas include two-family homes, farms, small shops, restaurants, crafts, and nondisruptive industries. “Exclusively residential” areas permit all types of dwellings and even sometimes allow for shops, crafts, hotels, and civic buildings. By US standards, this is mixed-use.

Sweden

Sweden is part of the Scandinavian planning family, including Sweden, Denmark, Norway, and Finland. The national government issues advisory plans and requires regional planning in select areas. Probably due to the fact that Scandinavian countries are often made up of people in far-apart cities, the localities have more control over land use than in other counties. Like in Germany or in France, municipalities prepare plans, and if developers comply with them, permission is granted to develop. Like in Germany, there are two plans: one general, nonspecific, and nonbinding plan that covers the whole territory, and then dozens or hundreds of smaller, legally binding plans that cover specific areas. Like in all the others, there is no specific “single-family” use, and while permits are required to subdivide a property, they are almost always granted.

Russia

Russia’s municipalities are required by law to adopt general plans that are nonbinding, like in the United States and the other European countries. However, the government exercises more actual control by selecting which private developers get to do the biggest projects. Monofunctionality is out of the ordinary. Residential zones allow social and commercial uses so long as they are not detrimental to the residential environment. One similarity to the United States is that there is single-family zoning, however, there is no single-family, detached zoning. Height, bulk, and design rules are more important than the actual use of the land.

Hirt also covers a few countries outside of Europe briefly:

Japan

In Japan, the national government maintains a very strong role in land use law. Japan created similar land use categorizations as other countries, the familiar residential, commercial, and industrial. However, like all countries except the USA, Japan never completely excluded other land uses. Besides restricting heavy manufacturing solely to industrial zones and mandating that the noisiest commercial uses be solely in commercial zones, the zones mix frequently. Like Germany and Sweden have two levels of plans, Japan has three: strategic plans, master plans, and implementation regulations. Like in Russia and the rest of Europe, the focus of Japanese zoning is not to separate land uses, but to control based on form, bulk, and density. All residential districts allow additional land uses, and there is no mandated single-family housing.

Australia

Australian planning is conducted at all levels of government, and regulatory schemes at town and local levels must conform to each other, like in Europe but unlike in the USA. Australia uses a single-family home designation, making it similar to the USA, but they are still not as strict as most American plans.

Canada

This is the system most similar to American zoning. Provinces have the greatest power over planning, while localities create the actual general community plans and detailed community plans. The Canadian provinces have autonomy, so each has somewhat different practices, like Australian or American states. Canada is a hybrid of the English, American, and continental European models, with elements of all three. Like the US, Canada has restrictive single-family zones, however, “secondary suites” (known as accessory dwelling units in America) are generally allows, as well as daycare centers and bed and breakfasts, things that would be somewhat radical in the US setting. Another critical difference is that the even lowest-density districts still require smaller lot sizes than we usually have in the US, making them must more dense than comparable American communities.

Back to America

            The most unique element of American zoning is how intensely local it is. The US model, while closest to Canada and Australia, has far weaker states than the provinces and states in those countries when it comes to land use. America lacks strong federal control mechanisms because of this, and government power is further weakened by strong protections against government taking of private land. But the fundamentally unique aspect of American land-use is the privileged position of mandated single-family zoning.

Conclusion

            Hirt makes a very convincing case for changing some aspects of American zoning. One is that some of the polluting and hazardous activities that most zoning laws prohibit may not longer be so problematic. For example, a lot of cities still ban laundries due to fumes and restaurants due to fires thanks to century-old ordinances, but those risks aren’t nearly as big anymore. Other ordinances are based on old myths, like that children who live above grocery stores will get diseases from flies. Now, grocery stores don’t even attract flies indoors in the air conditioning. Additionally, legal separation of homes and work is outdated now that people so often work from home.

            Many supposed benefits of the strict style of American zoning never played out. No one has ever shown a clear causation between separation of physical spaces and a reduction in crime. Jane Jacobs has even posited that it does the opposite by emptying certain areas at certain times of day. Additionally, zoning causes us to drive much more, reducing public health due to bad air quality and crashes; more driving also means more climate change. Americans drive far more than Europeans and spend more time in traffic too.

            Ultimately, Hirt’s recommendations make a lot of sense. She points out the irony of the incredibly strict American zoning style is that housing is so strictly residential because it is so strictly commercial. Because Americans are so mobile and because we often see houses as investments to be sold, most people demand the ironclad assurances of zoning to raise their property values and make as much money possible from the eventual sale.

 

Miscellaneous Facts:

  • America is not actually a leading country in homeownership. Hirt says that home ownership rose dramatically abroad after WWII, and now the USA is 17th out of 26 “economically advanced countries” in home ownership.
  • The Netherlands and many Scandinavian countries practice aggressive urban containment by purchasing land at the edges of cities below market values. Then, they have power to hold onto the land or sell it with conditions to meet public goals.
  • While other cities had been narrowing in on it for a while, the first zoning ordinance creating mandated single-family detached housing was passed in Berkely, California.


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