|
AS I< TH E AUTH 0 R JOIN US ONLINE!
<br />Go "online during the "month of July to participate in our "Ask the
<br />Author" forum, an interactive feature ofZoning Practice. Elizabeth
<br />Garvin, AicP will be available to answer questions about this article.:;,
<br />Go to the APA';website atwww.planning.org and foltowthe links to the
<br />Ask theAuthorsection. From there, just submityour questionsabout
<br />"
<br />the article using the e-mail link.The author will reply, and Zoning
<br />Practice will post the (answers cumulatively on "the'website for the
<br />benefit of all subscribers. This feature will be available for selected
<br />issues ofZoning Practice at announced times. After each online
<br />discussion is closed, the answers will be' saved in an online archive
<br />available through the APA Zoning Practice web pages.
<br />About the Author
<br />Elizabeth Garvin, AICP, is an attorney with Spencer Fane & Grimshaw
<br />LLP in Denver. Garvin has more than i5 years of public- and private-
<br />sector experience in land development regulations, urban planning,
<br />and economic development. She has prepared code update/revision
<br />projects for cities and counties across the country; drafted:topic-
<br />specific code provisions covering topics such asTOD, sustainability,
<br />and signs; created plans for redevelopment projects; prepared
<br />regional design standards; organized and undertaken public
<br />participation processes; and assisted private clients in obtaining
<br />development approvals.
<br />planning with new sustainability policy and
<br />outreach in its Green and Growing project.
<br />In the absence of a sustainability plan, an
<br />effective method to develop a local definition and
<br />framework might include working from a series of
<br />policy concepts or discussion prompts. Identifying
<br />local sustainability preferences from a cohesive
<br />list of issues will help to outline the community's
<br />preferred approach to sustainable regulations.
<br />For example, the American Planning Association's
<br />Policy Guide for Planning forSustainability lists a
<br />number of specific policy positions that can serve
<br />as the starting point for conversations to establish
<br />local priorities, such as whether the community
<br />wants to encourage any of the following ideas: (i)
<br />alternatives to gas -powered vehicles; (2) alterna-
<br />tive renewable energy sources and meaningful
<br />energy conservation measures; (3) compact and
<br />mixed use development that minimizes the need
<br />to drive, reuses existing infill and brownfields
<br />sites, and avoids the extension of sprawl; or (4)
<br />conservation of undeveloped land, open space,
<br />and agricultural land. The U.S. Environmental
<br />Protection Agency (EPA) report Planning fora
<br />Sustainable Future and ICLEI—Local Governments
<br />forSustainability USA's Sustainability Planning
<br />Toolkit provide similar guidance.
<br />DRAFTING SUSTAINABLE REGULATIONS
<br />With a local sustainability framework in place,
<br />it is time for the community to determine how
<br />best to implement sustainable priorities and
<br />start drafting. The various types of zoning
<br />tools and approaches included in sustainable
<br />zoning codes, drawn from both new and more
<br />familiar approaches, can be categorized into a
<br />number of general topics as described below.
<br />For reference purposes, in this article I'll refer
<br />to zoning, subdivision, and land development
<br />regulations, ordinances, and bylaws as the
<br />local "zoning code" or "code." As necessary,
<br />I'll distinguish a separate "building code" from
<br />these other development regulations.
<br />COMPACT, MIXED USE DEVELOPMENT PATTERN
<br />Many communities have decided that a good
<br />place to start implementing sustainability is by
<br />encouraging residents and visitors to get out
<br />of their cars and walk. According to the Urban
<br />Land Institute (ULI), "the transportation sector
<br />is key in climate change" (2oio). Transporta-
<br />tion, the fastest growing source of emissions,
<br />collectively generates approximately one-third
<br />of the greenhouse gas emissions in the United
<br />States (ULI 2oso). Moving to a more compact,
<br />mixed use development pattern that brings
<br />people and destinations (e.g., workplaces,
<br />shops, schools, and places of worship) togeth-
<br />er to reduce the number of vehicle miles trav-
<br />eled (VMT) is an important step toward slow-
<br />ing the growth of the transportation sector.
<br />Recent studies indicate that over time compact
<br />development may be able to reduce VMT for
<br />both suburban and urban development while
<br />maximizing local infrastructure investment by
<br />making the most use of infrastructure that is
<br />already paid for and in place (ULI 2oio).
<br />Communities can adapt existing zoning
<br />codes to encourage compact development in a
<br />variety of ways, primarily through changes to the
<br />zoning districts, development standards (i.e.,
<br />those standards typically applicable across mul-
<br />tiple districts, such as parking or landscaping),
<br />and administrative approval processes.
<br />Mixed Use Zoning Districts and Uses
<br />Older, more traditional zoning codes may first
<br />need the addition of a new mixed use district
<br />(or series of mixed use districts with differing
<br />densities and use mixes) that permit both resi-
<br />dential and nonresidential uses in the same
<br />structure or in closer horizontal proximity than
<br />current regulations would allow. If a commu-
<br />nity is considering incorporating form -based
<br />controls, the new district(s) could also be
<br />form -based in nature. While many communities
<br />have adopted transit -oriented development or
<br />downtown districts that encourage compact,
<br />mixed use development, mixed use can be
<br />more broadly applied than in these limited
<br />settings, and some communities have replaced
<br />some or all of their traditional zoning districts
<br />with mixed use districts.
<br />In traditionally suburban communities,
<br />where the zoning standards reflect large -lot
<br />residential development, revisions may also
<br />need to be made to the dimensional standards
<br />(e.g., lot size, yard setbacks, and impervious
<br />coverage) in the existing zoning districts to
<br />accommodate development on smaller lots.
<br />Updates to dimensional standards should
<br />be designed to reduce the required spacing
<br />between buildings. Specific revisions may
<br />include: (i) increasing permitted residential
<br />density or nonresidential floor -area ratio or
<br />square footage, (2) reducing or eliminating
<br />minimum lot sizes, (3) establishing build -to
<br />lines at or near the right-of-way or property line
<br />or reducing minimum building setbacks, and
<br />(4) allowing increased lot coverage. Revisions
<br />may also need to be made to the permitted
<br />use table to allow residences above the ground
<br />floor in commercial districts, prohibit big -box
<br />structures in compact development areas, and
<br />restrict auto -oriented and drive -through uses to
<br />limit the potential for conflict between cars and
<br />pedestrians.
<br />ZONINGPRACTICE 7.13
<br />AMERICAN PLANNING ASSOCIATION Ipage 3
<br />
|