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The New Snob ZoningUrban Sprawl, Social Cohesion and Zoning Exclusion in the United States

“I had never belonged to a group of agitators and activists, but then again, never before had I found one whose members shared my fervor for fine cheeses.”*

Edward H. Ziegler Professor of Law

University of Denver College of Law

*Alan Deutschman (2003) (his novel on fighting development in Sonoma Valley)

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THE TWO URBAN GROWTH OPTIONS

A Comparative Perspective

Barcelona, Spain

DENSITYOUT

SPRAWL SPRAWL

City of Denver, USA*Barcelona has 11x Denver’s Residential Density

UP

Density

Out

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SPRAWL IN THE REAL WEST SPRAWL IN THE REAL WEST Teton Sioux Village, 1880Teton Sioux Village, 1880

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SPRAWL IN THE OLD WEST SPRAWL IN THE OLD WEST Virginia City, Nevada 1888Virginia City, Nevada 1888

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SPRAWL IN THE NEW WEST Denver, Colorado

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Typical Suburban Sprawl – All Land Uses Are Isolated Pods of Automobile-Dependent Development.

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GROWTH IN THE UNITED STATESGROWTH IN THE UNITED STATES

+3 Million people annual population +3 Million people annual population growth.growth.

1.9 Million new housing units 1.9 Million new housing units built in 2003.built in 2003.

1.5 Million of the new housing units 1.5 Million of the new housing units built in 2003 were detached single-built in 2003 were detached single-family homes.family homes.

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-100% 0% 100% 200% 300% 400%

Seattle

New York City

Los Angeles

Chicago

Cleveland

Population Land Area

Expansion in Population and Land Development Selected Metropolitan Areas, 1970 to 1980. Source: Planning and Zoning News, January 1993.

The Dynamic of Urban SprawlUnited States

Population Growth / Land Development1970-1980

99

Most cities and downtowns grew in the 1990sMost cities and downtowns grew in the 1990s

1010

But, decentralization still dominatesBut, decentralization still dominates

1111Source: U.S. Census Bureau; cities and suburbs in the 100 largest metro areas

17.0%

8.8%

0%

5%

10%

15%

20%

Cities Suburbs

Despite city growth, suburbs grew faster

Percent population growth,1990-2000

1212

46.9%

39.1%

32.2%

6.9%

7.1%

29.0%

6.7%

5.0%

0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%

Boston

Northeast

Detroit

Midwest

Change in Urbanized Land Change in Population

Source: Fulton et al., “Who Sprawls Most? How Growth Patterns Differ Across the U.S.”; Brookings Institution, July 2001

United States 1990-2000Slow growing areas in the Northeast and Midwest consumed

enormous amounts of land relative to population growth

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As a result, densities are decliningAs a result, densities are declining

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Density1982 1997 Percent Change

Northeast 5.87 4.51 -23.1%South 3.68 2.82 -23.4%Midwest 4.19 3.39 -19.0%West 5.46 4.85 -11.2%United States 4.46 3.55 -20.5%

Source: Fulton and others, “Who Sprawls Most? How Growth Patterns Differ Across the U.S.”

Density has dropped across all regions in the U.S. Density has dropped across all regions in the U.S. between 1982 and 1997between 1982 and 1997

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COSTS OF COSTS OF SPRAWLSPRAWL• INFRASTRUCTURE AND FISCAL COSTS.INFRASTRUCTURE AND FISCAL COSTS.

• ECONOMIC COSTS TO HOUSEHOLDS.ECONOMIC COSTS TO HOUSEHOLDS.

• AUTOMOBILE USE AND CONGESTION.AUTOMOBILE USE AND CONGESTION.

• IMPACT ON NATURAL ENVIRONMENT.IMPACT ON NATURAL ENVIRONMENT.

• URBAN BLIGHT AND POVERTY IN URBAN BLIGHT AND POVERTY IN CITY CORE AREAS.CITY CORE AREAS.

• SOCIAL AND ECONOMIC EXCLUSION OF LESS SOCIAL AND ECONOMIC EXCLUSION OF LESS AFFLUENT.AFFLUENT.

• AFFORDABLE HOUSING FOR LESS AFFLUENT.AFFORDABLE HOUSING FOR LESS AFFLUENT.

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CAUSES OF SPRAWLCAUSES OF SPRAWL • PRIVATE MARKET DEMAND

• PUBLIC POLICIES AND SUBSIDIES

• ROAD IMPROVEMENTS

• LOCAL GOVERNMENT FISCAL CONCERNS (Tax Revenue And Expenditures) • LOW DENSITY ZONING AND EXCLUSIONARY GROWTH MANAGEMENT PROGRAMS (Built Environment NIMBYISM)

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LOCAL GOVERNMENT FISCAL LOCAL GOVERNMENT FISCAL CONCERNSCONCERNS

(TAX REVENUE AND EXPENDITURES)(TAX REVENUE AND EXPENDITURES)AS A SIGNIFICANT CAUSE OF SPRAWLAS A SIGNIFICANT CAUSE OF SPRAWL

Local Government Taxes Come Largely from Local Government Taxes Come Largely from Commercial and Office Development.Commercial and Office Development.

Taxes from Residential Development Do Not Taxes from Residential Development Do Not Pay for Public Infrastructure and Services.Pay for Public Infrastructure and Services.

Local Governments Utilize “Fiscal” Zoning to Local Governments Utilize “Fiscal” Zoning to Exclude Residential Development (Especially Exclude Residential Development (Especially Higher Density and More Affordable Housing).Higher Density and More Affordable Housing).

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BUILT ENVIRONMENT NIMBYISM BUILT ENVIRONMENT NIMBYISM (NOT IN MY BACKYARD)(NOT IN MY BACKYARD)

A SIGNIFICANT CAUSE OF LOW DENSITY A SIGNIFICANT CAUSE OF LOW DENSITY ZONING, URBAN SPRAWL, AND SOCIAL ZONING, URBAN SPRAWL, AND SOCIAL

EXCLUSIONEXCLUSIONCauses of Exclusionary ZoningCauses of Exclusionary Zoning

Maintaining Low Taxes.Maintaining Low Taxes.

Protection of Low Density Character and Market Value of Protection of Low Density Character and Market Value of Existing Neighborhoods.Existing Neighborhoods.

Class and Income Discrimination.Class and Income Discrimination.

Racial and Ethnic Discrimination.Racial and Ethnic Discrimination.

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Built Environment NIMBYISM

• “The wolf of exclusionary zoning hides under the environmental sheepskin worn by the stop-growth movement.”

Fred Bosselman (1973)

Old West NIMBY New West NIMBY

Protecting Existing Neighborhoods and Already Developed Recreation Areas from New Development

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THE LEXICON OF BUILT ENVIRONMENT THE LEXICON OF BUILT ENVIRONMENT NIMBYISMNIMBYISM

NIMBY:NIMBY: Not In My Back YardNot In My Back Yard NIMFYE:NIMFYE: Not In My Front Yard EitherNot In My Front Yard Either PITBY:PITBY: Put It In Their Back YardPut It In Their Back Yard LULU:LULU: Locally Unwanted Land UseLocally Unwanted Land Use BANANA:BANANA: Build Absolutely Nothing Anywhere Build Absolutely Nothing Anywhere

Near Near AnybodyAnybody NOPE:NOPE: Not On Planet EarthNot On Planet Earth NIMTOO:NIMTOO: Not In My Term Of OfficeNot In My Term Of Office NIMEY:NIMEY: Not In My Election YearNot In My Election Year

2121

Studies of Regulatory Barriers to Studies of Regulatory Barriers to Affordable HousingAffordable Housing

19911991 Advisory Commission on Advisory Commission on Regulatory Barriers to Regulatory Barriers to Affordable HousingAffordable Housing

19881988, , U.S. General Accounting U.S. General Accounting OfficeOffice Conference on HousingConference on Housing

19871987, , National Housing Task National Housing Task ForceForce

19811981, , President’s Commission President’s Commission on Housingon Housing

19801980, , Council of Development Council of Development Choices for the 80sChoices for the 80s

19781978, , U.S. General Accounting U.S. General Accounting Office Report to CongressOffice Report to Congress

19791979, , Report of the Task Report of the Task Force on Housing CostsForce on Housing Costs

19771977, , Task Force on Housing Task Force on Housing CostsCosts

19731973, , National Housing National Housing Policy ReviewPolicy Review

19671967, , President’s President’s Committee on Urban Committee on Urban HousingHousing

19671967, , National Commission National Commission on Urban Problemson Urban Problems

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HOUSING POLICY IN THE UNITED STATES

• Federal law and policy artificially stimulates demand and subsidizes homeownership for the affluent working class.

(but at the same time)

• Local zoning and growth management programs restrict building permits reducing the supply of housing and significantly increasing housing prices.

2323

HOMEOWNERSHIP IN THE UNITED STATES

As a Result of Appreciating Housing Prices • Homeownership is not perceived to be just about finding a nice place to live.

• Homeownership is widely perceived to be a major economic investment in a large bulk commodity.

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URBAN PLANNING IN THE UNITED STATES

Influence of Increasing Housing Prices• Local zoning programs are not widely utilized to create livable and sustainable communities for all types of Households.

• Local zoning programs are largely directed at protecting the property values of existing neighborhoods.

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SMART GROWTHSmart growth means using comprehensive planning to guide, design, develop, revitalize and build communities for all that have a unique sense of community and place; preserve and enhance valuable natural and cultural resources, equitably distribute the costs and benefits of development, expand the range of transportation, employment and housing choices in a fiscally responsive manner; value long range, regional considerations of sustainability over short term incremental geographically isolated actions; and promotes public health and healthy communities. Compact, transit accessible, pedestrian-oriented, mixed used development patterns and land reuse epitomize the applications of principles of smart growth.

American Planning Association (2002)

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SMART GROWTHSMART GROWTHPlanning TechniquesPlanning Techniques

1. Open Space Protection and Acquisition1. Open Space Protection and Acquisition2. Preservation of Agricultural Lands2. Preservation of Agricultural Lands3. Environmental Protection Restrictions3. Environmental Protection Restrictions4. View Protection, Aesthetic, and Design Controls4. View Protection, Aesthetic, and Design Controls5.5. Exactions and Impact Fees Exactions and Impact Fees6. Concurrency Development Controls6. Concurrency Development Controls7. Annual Growth Caps7. Annual Growth Caps8. Contiguous Development Controls8. Contiguous Development Controls9. High Density Requirements9. High Density Requirements10. New Urbanist Development10. New Urbanist Development11. Regional Planning/ Growth Boundaries11. Regional Planning/ Growth Boundaries

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Built Environment Nimbyism and The Built Environment Nimbyism and The Political Dynamic of Local Growth Political Dynamic of Local Growth

Management ProgramsManagement ProgramsSMART GROWTHSMART GROWTH

REALITY MYTH

(Adopted) (Rejected)

More Comprehensive More Comprehensive and Intensive and Intensive Development Controls Development Controls and Environmental and Environmental RestrictionsRestrictions

Fast Track Affordable Fast Track Affordable High Density High Density (New Urbanist) (New Urbanist) Residential Residential Development ProjectsDevelopment Projects

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The Results of Smart Growth The Results of Smart Growth Dominated By Built Environment Dominated By Built Environment

NimbyismNimbyism

1. 1. May Protect the Quality of May Protect the Quality of Life and Increase the Life and Increase the

Property Values of Existing Property Values of Existing Homeowners.Homeowners.

3131

The Results of Smart Growth The Results of Smart Growth Dominated By Built Environment Dominated By Built Environment

NimbyismNimbyism

22. When Implemented Independently . When Implemented Independently by Local Communities, May by Local Communities, May

Promote Low Density Sprawl Promote Low Density Sprawl Throughout a Metropolitan Region.Throughout a Metropolitan Region.

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The Results of Smart Growth The Results of Smart Growth Dominated By Built Environment Dominated By Built Environment

NimbyismNimbyism

3. 3. May Increase the Costs of May Increase the Costs of New Housing and ReduceNew Housing and Reduce the Supply of Affordable Housing.the Supply of Affordable Housing.

3333

The Results of Smart GrowthThe Results of Smart GrowthDominated By Built Environment Dominated By Built Environment

NimbyismNimbyism

4.4. May Continue to Promote Social and May Continue to Promote Social and Economic Isolation and Exclusion.Economic Isolation and Exclusion.

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More than 30% of jobs in the top 100 metros are now located More than 30% of jobs in the top 100 metros are now located far from central downtowns.far from central downtowns.

Share of metropolitan employment, 100 largest metropolitan areas, 1996

45%

22%

33%

3-mile share 10-mile share Outside 10-mile share

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Low Density Zoning and Exclusionary Low Density Zoning and Exclusionary Growth Management ProgramsGrowth Management Programs

Problematic Technique for More Affordable Problematic Technique for More Affordable HousingHousing

1. Deregulation?1. Deregulation?2. Incentive Zoning?2. Incentive Zoning?3. Inclusionary Zoning?3. Inclusionary Zoning?4. Impact Fees?4. Impact Fees?5. Judicial Review?5. Judicial Review?6. Required Minimum Densities!6. Required Minimum Densities!7. Regional Planning (Fair Share)!7. Regional Planning (Fair Share)!8. Direct Housing Subsidies!8. Direct Housing Subsidies!

Possible RemediesPossible Remedies