Zoning And Land Use Policy

"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.

The conversation about zoning has meandered its way through issues ranging from housing affordability to economic growth to segregation, expanding in the process from a public policy backwater to one of the most discussed policy issues of the day. In his pioneering 1972 study, Land Use Without Zoning, Bernard Siegan first set out what has today emerged as a common-sense perspective: Zoning not only fails to achieve its stated ends of ordering urban growth and separating incompatible uses, but also drives housing costs up and competition down. In no uncertain terms, Siegan concludes, "Zoning has been a failure and should be eliminated!" Drawing on the unique example of Houston--America's fourth largest city, and its lone dissenter on zoning--Siegan demonstrates how land use will naturally regulate itself in a nonzoned environment. For the most part, Siegan says, markets in Houston manage growth and separate incompatible uses not from the top down, like most zoning regimes, but from the bottom up. This approach yields a result that sets Houston apart from zoned cities: its greater availability of multifamily housing. Indeed, it would seem that the main contribution of zoning is to limit housing production while adding an element of permit chaos to the process. Land Use Without Zoning reports in detail the effects of current exclusionary zoning practices and outlines the benefits that would accrue to cities that forgo municipally imposed zoning laws. Yet the book's program isn't merely destructive: beyond a critique of zoning, Siegan sets out a bold new vision for how land-use regulation might work in the United States. Released nearly a half century after the book's initial publication, this new edition recontextualizes Siegan's work for our current housing affordability challenges. It includes a new preface by law professor David Schleicher, which explains the book's role as a foundational text in the law and economics of urban land use and describes how it has informed more recent scholarship. Additionally, it includes a new afterword by urban planner Nolan Gray, which includes new data on Houston's evolution and land use relative to its peer cities.

Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.

Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.

Zoning is at once a key technical competency of urban planning practice and a highly politicized regulatory tool. How this contradiction between the technical and political is resolved has wide-reaching implications for urban equity and sustainability, two key concerns of urban planning. Moving beyond critiques of zoning as a regulatory hindrance to local affordability or merely the rulebook that guides urban land use, this textbook takes an institutional approach to zoning, positioning its practice within the larger political, social, and economic conflicts that shape local access for diverse groups across urban space. Foregrounding the historical-institutional setting in which zoning is embedded allows planners to more deeply engage with the equity and sustainability issues related to zoning practice. By approaching zoning from a social science and planning perspective, this text engages students of urban planning, policy, and design with several key questions relevant to the realities of zoning and land regulation they encounter in practice. Why has the practice of zoning evolved as it has? How do social and economic institutions shape zoning in contemporary practice? How does zoning relate to the other competencies of planning, such as housing and transport? Where and why has zoning, an act of physical land use regulation, replaced social planning? These questions, grounded in examples and cases, will prompt readers to think critically about the potential and limitations of zoning. By reforging the important links between zoning practice and the concerns of the urban planning profession, this text provides a new framework for considering zoning in the 21st century and beyond.

Understanding the Law of Zoning and Land Use Controls, now in its Third Edition, is a comprehensive and clearly written text addressing zoning, land use, and environmental regulation in a national, jurisdiction-independent manner. It first sets out the constitutional framework for land use regulation in a discussion of the takings clause, followed by a discussion of the basic form of land use controls, Euclidian zoning, and then non-Euclidian regulations. Also discussed are administrative and legislative relief from land use controls, the bread and butter of a land use practice. The book is divided into six parts: Part 1: Fundamental Concepts: The Police Power, Takings, and Zoning Part 2: The Zoning Forms of Action Part 3: Economic Discrimination and Zoning Part 4: Wetlands and Beaches Part 5: Regulating the User, Not the Use Part 6: Halting an Owner's Further Regulation

This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.

Mobility is fundamental to economic and social activities such as commuting, manufacturing, or supplying energy. Each movement has an origin, a potential set of intermediate locations, a destination, and a nature which is linked with geographical attributes. Transport systems composed of infrastructures, modes and terminals are so embedded in the socio-economic life of individuals, institutions and corporations that they are often invisible to the consumer. This is paradoxical as the perceived invisibility of transportation is derived from its efficiency. Understanding how mobility is linked with geography is main the purpose of this book. The third edition of The Geography of Transport Systems has been revised and updated to provide an overview of the spatial aspects of transportation. This text provides greater discussion of security, energy, green logistics, as well as new and updated case studies, a revised content structure, and new figures. Each chapter covers a specific conceptual dimension including networks, modes, terminals, freight transportation, urban transportation and environmental impacts. A final chapter contains core methodologies linked with transport geography such as accessibility, spatial interactions, graph theory and Geographic Information Systems for transportation (GIS-T). This book provides a comprehensive and accessible introduction to the field, with a broad overview of its concepts, methods, and areas of application. The accompanying website for this text contains a useful additional material, including digital maps, PowerPoint slides, databases, and links to further reading and websites. The website can be accessed at: http://people.hofstra.edu/geotrans This text is an essential resource for undergraduates studying transport geography, as well as those interest in economic and urban geography, transport planning and engineering.