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sity based on projected growth numbers for
<br />different land -use needs. These tools create
<br />flexibility in zoning for future demographic
<br />changes and provide precedent for the RZO.
<br />CREATING THE RELAXED ZONING OVERLAY
<br />The trigger mechanism for the RZO is based
<br />on the vacancy rate for a given geographic
<br />area. There are several decisions required
<br />in creating the trigger, including the geo-
<br />graphic scope of the vacancy rate (i.e.,
<br />certain neighborhoods, certain zip codes, or
<br />entire metropolitan areas), defining which
<br />properties will be included in the calculation
<br />of the vacancy rate (e.g., occupancy, tenure,
<br />and land use), and determining a vacancy
<br />rate that signals the onset of decline.
<br />Because this is a new concept, there
<br />are no case studies on an appropriate trig-
<br />ger rate. However, there is some research
<br />cited by John Accordino that suggests a
<br />vacancy rate as low as three percent can
<br />signal the onset of decline, and there is a
<br />greater body of research that suggests that
<br />the domino effect of vacant property occurs
<br />quickly. Adequate planning, forecasting,
<br />and community involvement is important
<br />in creating a trigger rate that is low enough
<br />to be effective in addressing decline but
<br />not so low as to affect a relatively healthy
<br />neighborhood.
<br />Once triggered, the RZO expands the
<br />list of by -right uses in the zoning code, es-
<br />sentially acting as a new use table. The com-
<br />munity identifies the new uses in a typical
<br />planning/visioning process. This can both
<br />allow new uses that the community wants,
<br />or in a situation where the community must
<br />unhappily face the facts of decline, it allows
<br />them to identify uses that are at least toler-
<br />able and will keep the properties or land
<br />active. Decline offers a special opportunity
<br />in situations where the community desires
<br />new uses that are economically infeasible
<br />for property owners. An example of this is
<br />urban agriculture, which in any vibrant com-
<br />munity would not be economically viable
<br />without subsidies. Yet it may make sense
<br />in a community with a declining population
<br />and falling property values.
<br />The new uses will be unique to each
<br />situation because every community wilt
<br />have a different property inventory mix. The
<br />point from the research on vacant properties
<br />is that inactivity is the worst -case scenario,
<br />as there are tremendous costs to the com-
<br />munity. The RZO, in combination with the
<br />existing tools such as land banks and fast -
<br />track permitting, allows the reuse to happen
<br />quickly and in advance of serious decline.
<br />Instead of rezoning after abandonment
<br />happens, the RZO is a prospective tool. And
<br />while any community, whether healthy or
<br />unhealthy, could always go through a rezon-
<br />ing process, the RZO is most suited for cities
<br />experiencing or expecting decline. While
<br />each situation may be different, these could
<br />be communities that are generally happy
<br />with single-family neighborhoods without
<br />any commercial activity. However, if faced
<br />with the prospect of vacant properties next
<br />door, they are willing to explore new uses
<br />that may even benefit their neighborhoods.
<br />This is important in the case of decline be-
<br />cause the reality is that expanding the list
<br />of by -right uses will not save every property
<br />from abandonment. Some properties may
<br />• Demolition of housing for urban agricul-
<br />ture or recreation centers, pocket parks, and
<br />vacant land for renewable energy
<br />Urban multifamily neighborhoods with
<br />excess housing supply:
<br />• Allowing commercial activity and non-
<br />profit groups, such as incubation or training
<br />centers, medical offices, small businesses
<br />(law offices, travel centers), nonprofits, art-
<br />ist studios
<br />• Potential demolition for pocket parks/
<br />recreation
<br />Large suburban -type retail centers with
<br />excess commercial or institutional space:
<br />• Allowing all uses, such as outdoor/ indoor
<br />markets, distribution centers, industrial uses,
<br />When residential demand is low, owners interested in setling may choose to
<br />rent their homes to avoid prolonged vacancies:
<br />be abandoned, razed, and then reused for
<br />agricultural, forestry, or recreational uses.
<br />The following examples represent uses
<br />that could benefit the community from an
<br />economic, social, and environmental per-
<br />spective; they include the reuse of both va-
<br />cant property and vacant land. The examples
<br />of new uses are tailored to three general
<br />scenarios.
<br />Single-family neighborhoods with excess
<br />housing supply:
<br />• Allowing commercial activities or open
<br />space, such as small grocery/convenience
<br />stores, day care centers, home offices, mar-
<br />kets, or seasonal temporary uses
<br />renewable energy production, mixed use
<br />housing, parks and recreation (e.g., paint-
<br />ball/indoor rock climbing), reforestation,
<br />transportation centers, and music venues
<br />In the best -case scenario, the activa-
<br />tion of the RZO will reduce vacancy rates to
<br />a point where the neighborhood is stable.
<br />This may require a reverter rate, which
<br />causes the RZO to become dormant again
<br />so as to limit commercial development op-
<br />posed by residents. A reverter rate itself
<br />creates zoning issues with respect to non-
<br />conforming uses with the underlying base
<br />code. This will create obvious problems for
<br />property owners as they seek changes in
<br />ZONINGPRACTICE 9.11
<br />AMERICAN PLANNING ASSOCIATION I page 5
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