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Over time, the only thing you can count on in the life of a city has changed.
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Populations ebb and flow, neighborhoods transform, once profitable industries collapse as new ones appear, as priorities in need shift, new identities, good or bad, are forged.
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With constant change comes the need to readjust and rethink what a city can be.
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Large swaths of land that were once set aside for industrial or commercial use are ripe for transformation.
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As cities modernized, zoning laws that were in place for decades suddenly need to be overhauled.
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How have bad or outdated zoning laws directly led to many of society's problems today?
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Conversely, how can zoning be used to move our cities forward?
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What needs to be considered when rezoning?
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Can you really anticipate the needs of citizens decades into the future?
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Stay tuned as we talk about how zoning can reshape our cities.
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From Civic Al, this is TrueCode, a podcast explaining what code enforcement is, why our communities need it, and why you should care.
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From firsthand experiences, we discuss quality of life issues to reveal the truth about code enforcement.
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Welcome to another episode of the True Code Podcast.
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I'm your host, Matt Silver, and I'm so honored today to have just a wonderful guest, Professor Sarah C.
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Ronin.
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She's an architect, attorney, professor, and author.
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She is the Frida H.
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Alverson Professor of Law at the George Washington University Law School and the founder of the National Zoning Atlas and the National Preservation Atlas Atlas.
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And I will tell you that I have poked around and found that to be an incredible wealth of information.
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For seven years, Sarah was the chair of the Planning and Zoning Commission for the city of Hartford, Connecticut, where she identified the need to completely overhaul the city's zoning code.
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She successfully led an effort to do just that.
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In 2022, Sarah was appointed by President Biden and served as the chair of the National Advisory Council on Historic Preservation.
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And her new book, Key to the City, How Zoning Shapes Our World, is frankly an illuminating and very interesting read on the world of zoning, its history, its historical impact on society, and the great potential for good that zoning can do in the future.
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I've read the book.
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I found it incredibly interesting, and I encourage everybody here to read it.
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Sarah, welcome to the podcast.
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Matt, thank you so much for having me.
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Yeah, we're we're incredibly honored.
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Um, I do want to talk about your book because as I kind of mentioned when we first started talking here, the book takes uh a subject that can sometimes be very dense or unknown for people, zony, and it makes it not just approachable, but it makes it incredibly interesting uh as a read.
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But before we get into that, I'd like to I'd like to talk first about how did you get into public service and why did you go into public service?
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I've always thought that we all have a responsibility to do what we can to make um our world better.
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Um, and it just so happens that my way of trying to make it better is through this completely niche, super arcane, highly technical, legal area, which, like you point out, has extremely um extremely important consequences to the way we live, where we can live, um, what kinds of uses go where, what's available to us in the community, how much we drive, um, whether we live in an area with lots of pollution or lots of trees or access to nature or access to goods and services.
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And I just think people should know more about it.
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And that's that's just what I try to bring to the conversation.
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I did go to architecture school before law school, and so I've always been super interested in how um how the world looks and how it gets built.
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And zoning is um really a key determinant in all of that.
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Yeah, I gathered from reading the book and uh looking into the work that you do that your background in architecture in combination with law has really informed how you approach zoning and local government.
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Is that accurate?
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You know, zoning can be pretty um, it can be a stiff read, I guess, right?
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Tough read of if you're just looking at the words on the page.
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And I think for architects and others who work in the built environment and um can see things in 3D, it really helps to understand the impact of a zoning code because you know, oh, you know, what does a setback actually mean for this particular lot?
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Or what does a tap on the number of stories mean for the kind of buildings um that could be built here?
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And if you can see things in 3D, the words on the page have a lot more meaning and a lot more interest.
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So I do think it's helpful, but you don't have to be an architect.
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You don't have to be a lawyer uh to deserve to access your zoning code.
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And that's why I'm doing things like writing the book that you mentioned, working on the zoning atlas project to try to make zoning more legible to people who uh may not immediately kind of be able to sift through all of those details.
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And so the the drive or the need for the public to understand zoning better is because of how it impacts every aspect of our daily life.
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Every place with zoning is controlled by zoning.
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And if you know, once you put that together, you can say, well, then wait, wait, what's in our zoning code?
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And there's so many different uh provisions, and I cover some of them in the book.
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Um, provisions that talk about opening hours for businesses, or how many people can live in a in a household, or uh what kinds of things can be sold at a retail store, and when, and what security they have to have, and whether a bar has to serve food.
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I mean, you would not believe the kinds of details that go into zone zoning codes across the country.
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Um, and you know, just trying to pull out some of those rules to show people how intense and how important this area of law is is really um is hard to do, but is something that we're trying to do in a couple of ways with my my team on the zoning atlas and and other ways.
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Absolutely.
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I uh I've spent 20 years litigating zoning related and code of for other code enforcement related issues and housing related issues for cities up and down the state of California.
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And as I mentioned, I come from a family where my dad was uh in in zoning and a city manager and so on.
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But yet, notwithstanding that, I was shocked in the first chapter essentially of your book, Heat of the City, you talked about issues that impact us daily that I never thought.
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For example, you essentially did a comparison of Hartford, Connecticut, 50, 60 years ago to where it is now and directly linked the results, which were almost universally negative, uh, to zoning impacts, such as things like uh basically zoning, driving, driving people, no pun intended, to use their cars more, resulting in pollution, obesity, a complete inversion of the obesity rates in Hartford, inversion of it used to being an affluent city to uh to struggling financially.
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Uh and so zoning really pervades our lives.
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Are there are there any other kind of hidden effects of zoning that people don't typically think about?
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Yeah, I mean, I'm glad you pulled out this story of Hartford because it was really in that role, that public service role, leading the planning commission for seven years, that I really learned the most about how important zoning is and how it can, for bad or for good, really affect individual people's lives.
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And I start the book with a story of um me walking around a neighborhood in Hartford, which happens to be one of the uh poorest cities in the country, with one of the neighborhood leaders.
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Um, and exactly as you uh as you recall, the the neighborhood had really suffered.
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And it had suffered over time, really because of changes in the use of land on the central commercial corridor, the the main street, if you will, of that uh of that community called Albany Avenue.
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And if you look at Albany Avenue within the city of Hartford, it's lined with car washes and gas stations and fast food restaurants and lots of asphalt, a strip mall type development, uh, even on small lots where the parking is in front and the whole lot is virtually paved.
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And like, how did it get this way?
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It used to be a very handsome avenue, as you mentioned, one of the wealthiest cities in the country at the turn of the century.
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And zoning had to have played a role because it was a dramatic change in the zoning code uh in the 1950s that resulted in the zoning being flipped on its head, essentially Hartford becoming uh zoned in ways that made it a place oriented around cars.
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And even taking into account the rise of the automobile in the 1950s and the suburban towns that were springing up, it was a really extreme example.
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And I think going back to your question, uh, what are the hidden effects of zoning?
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I think public health is a very poorly studied uh impact of zoning on the effect on public health.
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So you mentioned obesity, um, asthma rates, respiratory disease when you have all that driving.
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Right.
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Uh, sense of social connectedness.
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So the extent to which people are able to uh see their neighbors or age in place and have healthy interactions with people on a daily basis, it really shifts a lot when you move out into a one-acre minimum single family home with nothing else around you, nothing to walk to, you become isolated.
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So, even from a mental health perspective, zoning can have a pretty big role.
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And that's talking about communities other than Hartford.
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So, you know, just branching out that that idea of public health more generally.
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Um, and not only that, there's also environmental impacts.
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So a lot of
people say, well, we want that large lot, one-acre house, because that's better for the environment.
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Actually, it's way worse for the environment because what it does is it pushes people outward into agricultural land, into forested land, into environmentally sensitive lands.
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And it just requires people to drive.
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So it zoning has had these curios across the country in urban cities like Hartford, in suburbs, uh, and uh even further out that I think people are just now coming to terms with.
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And I'm I'm hoping our work can help shed more light on.
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That's a great point.
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And my mind immediately goes as a Californian to the increased devastating effect of fires out here in California as people move further and further into what historically has been no man's land, the wildlife uh areas.
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And so fires are impacting people even more.
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Uh, as and I see a zoning connection there.
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In your book, you describe uh the standard issue American single family neighborhood.
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That's how you kind of defined it, seem to identify that as a historical zoning trend that maybe started around the time you're talking about, but has led to perhaps um outdated or outright negative effects.
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What do you mean by the standard issue American single family neighborhood and how has that been problematic?
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Well, another way to put it is that we have in this country one size fits all zoning.
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As we've documented zoning across the country, we've seen, for example, uh in the National Zoning Atlas that 81% of land that has residential use is zoned only for single family housing.
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Now we haven't done the whole country, but we've done almost two-thirds of its land and two-thirds of its population.
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Um, and and so we think we have a pretty good sense that the 81% number, single family only, is uh is gonna hold.
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Um, we've also seen that there in tandem with that, as I mentioned in the book, um, that there are really large minimum lot sizes.
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So most of that residentially owned land requires really big lots of one acre or more.
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And again, we're understanding this by reading zoning code after zoning code for all these local jurisdictions across the country.
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And 1.2 million pages of zoning codes, by the way.
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I believe it.
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It's been a lot.
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Um, but again, cumulatively, we've now started to calculate these nationwide stats.
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But that just tells you, you know, from an empirical standpoint, from a research standpoint, that this one size fits all zoning is really uh an embedded part of our national landscape.
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So the question for us is whether that should stay the way it is, whether we should just keep sprawling and sprawling, or whether it's time for us to take stock of what we've learned through the zoning atlas and and through other means and say, uh, maybe we should do this a little bit differently.
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It it would seem that the conclusion reads is that we do need to do it differently, at least uh in some parts.
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Is that right?
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That is my conclusion.
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And I think that's the conclusion of every every expert who's studied zoning as it's currently practiced.
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Um, so at a bare minimum, zoning needs to be a lot more simple.
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Um, I'm not saying this because our team is lazy and I'm lazy and we don't want to read 1.2 million more pages of zoning code.
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I don't.
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Yeah.
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But it would be a lot simpler for us to understand and translate uh the zoning.
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But why don't we make it the goal that ordinary people can understand zoning codes and they don't need us or lawyers, uh, or no offense to lawyers, uh, but you know, they don't need this extra help to understand something that's so important for them.
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So simplifying zoning codes uh should be a top priority for us.
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And then modernizing them, modernizing to take into account the impact of everything we've learned about zoning and its negative consequences.
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And my book tries to make the case that we here here are some of the negative consequences in this story, in this city, in this story, in this person, uh person's experience.
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And but also says, you know, we can actually zone for good.
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We can actually zone for for positive outcomes.
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And so we we should do that instead of instead of what we're doing now.
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Yeah, I really appreciated that about your book is that we it wasn't just simply Monday morning quarterbacking what people did 60 years ago, perhaps under different different circumstances.
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Certainly, you know, as the book points out, as we've seen in other historical places, there were there was some insidiousness or some maliciousness in some of like the racial covenants, for example, that were uh involved.
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However, I appreciate that your point is look, we've done it this one way, and you know, we can understand maybe why it was even sought after, but now
we've had the benefit of years passing to see the effects, and we have data that can help guide us to a better future.
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I thought that was a really that's a that's a place where I think people can all agree is that you know, we have to evolve, we have to change.
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Things that work, don't don't change.
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Things that don't work, we need to change.
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Yeah, absolutely.
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That's what we should do.
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Yeah, absolutely.
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And so I guess, you know, I'm thinking kind of convert, I asked that question as a typical lawyer because I'm gonna ask you the opposite scenario here in just a second.
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And coming from a state with 40 million people, and Harvard's a pretty good sized city, but uh I'm thinking a lot of folks in densely populated areas think, you know what, I'm already living too close to folks.
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And California, of course, has recently allowed uh quadplexes and above by right, as in uh even low density residential districts.
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So that strikes a little bit of fear in the hearts of people who may think, I want a little bit more room.
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What do you have to say to that?
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Uh, how cities can strike a balance between, you know, someone's desire to maybe have a little bit more room, but also the needs for housing and also the needs for a collective benefit.
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So California is a great example of a state, uh, like you said, hugely populated, 40 million people, I guess, um, uh, with uh a lot of big metro areas, LA, San Francisco, Sacramento, San Diego.
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I mean, you've got some really big uh metro areas.
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Um, the state as a whole, we we finished the zoning for the state one time and we finished it again.
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Um just uh more recently, we swept through the whole state and updated the codes.
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Um, the state has done some great work on statewide legislation.
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And just for your listeners, um, zoning authority by local governments, all of that authority derives from state law.
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So it is the state itself that can tell local governments, hey, you can do this with your zone, you can't do this.
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And California has overridden um some of the local zoning provisions.
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So Matt mentioned one of them, uh, multifamily housing.
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There's they've also done some uh work in the California legislature on accessory dwellings over a period of subsequent years, as well as transit-oriented development.
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Um, but if you dig down, you actually start to realize that the legislature might not have quite done enough yet, um, and that there's still more work left to do.
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And because even as jurisdictions are concerned, or or locals, um, so individual residents may be concerned about this type of density, um, the truth is that that there's not a lot of building that's going on in California to show for all of this, uh, these changes in state law.
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And I'll just give you an example of the the amount of regulation in California, um, just in volume.
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There are almost 200,000 pages of zoning codes just in California.
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So I told you 60% of the country, so you know two-thirds of the country we've done.
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California is 200,000 of the 1.2 million pages of zoning codes, on average, 364 pages for every zoning code in the state.
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And all of the land uses are divided up and regulated by 540 different local jurisdictions.
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So they're throwing a lot of numbers at you.
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But the point is that um despite these uh these state laws and and again, it's important progress, but um almost like never fear people who are worried about this because there is so much regulation and there's so much red tape in California that unfortunately a lot of the housing that desperately needs to be built in California isn't actually getting built.
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And that's the fault of zoning.
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And I've given you some stats on that.
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It's also a problem with the state's environmental laws, environmental statutes.
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And of course, I'm an environmentalist.
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I'm I'm 100% all in on conserving uh and protecting the lands we need to protect.
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But um, but the the ways that these laws are applied to new housing projects, in particular in California, I think is is is problematic and is actually contrary to environmental goals.
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The legislature governor has been doing some work on this as well.
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So let's see how that works out.
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But um no single reform, no single state override, not even a single rezoning is going to be the only thing that's needed before the housing itself is actually built.
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That said, zoning is a key thing because without zoning changing at all, it's not even possible for that type of housing to be built.
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You raise a great uh a great tension that I hear a lot from cities that I work with.
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And I imagine it's similar around the country of the role of the state governing down to the cities, preempting local control.
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You named a couple.
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ADUs are a particularly sore spot for cities uh that feel that they've lost a lot of control in that regard, but are left with some of the impacts.
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And then also, um, I mean, there's an array of other ones in California too on the housing front.
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But what, you know, like you said, we have about 483 cities here.
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We have 58 counties, a lot of cities, a lot of jurisdictions, a lot of different citizen expectations for they live.
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What is the role of the state?
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Or I guess put differently, why should the state be involved in uh trying to apply a one size fits all across any state, not just California, as opposed to leaving zoning decisions up to the individual jurisdictions?
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Yeah, well, I'll just say uh you said 483 cities, right?
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But there's um there was a new new jurisdiction just created, Mountain Mountain Springs, I think is the name.
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Yeah, okay.
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And where's the counties?
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So there's a total of 540 jurisdictions with zoning um in the state of California and with zoning authority.
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So what is the role of the state?
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Well, of course, the state is giving those different governments their authority, um, delegating the state's own authority to zone to the local governments.
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And you're right that for a century, let's call it, zoning has been thought of as primarily the province of local officials.
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But the issues with doing that have become too big to ignore.
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And that is why the state has to come in.
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And in fact, what the state is trying to do in California, Utah, Arizona, Texas, um, and a bunch of the Northeast as well, state.
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Have been trying to say, hey, listen, we gave you guys all this power and you kind of misused it.
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You are the ones, the local governments have created the one size fits all zoning.
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The state is trying to loosen that up so that a diversity of housing can be created.
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That's been the predominant focus of the state.
00:22:19.519 --> 00:22:26.000
We might call them preemption laws, but also so that other goals might be met.
00:22:26.079 --> 00:22:30.559
So Vermont is a good example of a state that's super into the environment.
00:22:30.720 --> 00:22:36.720
So a lot of their land use policies and their planning policies, Oregon too, have to do with the environment.
00:22:36.960 --> 00:22:41.119
In a lot of other states, though, again, the focus is on housing production.
00:22:41.279 --> 00:22:47.920
And so I think the role
of the state is the state's authority to zone that has been delegated to the local government.
00:22:48.160 --> 00:22:55.440
So in my view, it's the states themselves that have the authority to really guide land use across the states.
00:22:55.519 --> 00:23:19.359
And I am uh, for the most part, I've been heartened by actions that have been taken in red states, blue states, purple states alike to try to really rein in some of the excesses of local zoning, the over-regulation of housing, the underregulation or under-treatment of environmental concerns, and to try to merge those together.
00:23:19.440 --> 00:23:26.640
So I actually think we're going in the right direction when it comes to state input, uh, because it's the state's authority to begin with.
00:23:27.200 --> 00:23:29.279
That is a profound point right there.
00:23:29.440 --> 00:23:38.960
I always see California, the right to make and enforce local laws for health, safety, welfare benefits is enshrined in our California constitution, as we like to do here.
00:23:39.039 --> 00:23:40.720
We put everything in our constitution.
00:23:40.960 --> 00:23:44.480
And uh, but as it relates to state laws, you're right.
00:23:44.640 --> 00:23:47.359
They it be it originates with the state's power.
00:23:47.440 --> 00:23:50.160
And so it's theirs to give or theirs to tailor.
00:23:50.480 --> 00:23:57.359
I think some of the challenges are that city councils and planning commissions then hear very angrily from their residents.
00:23:57.519 --> 00:24:00.640
And of course, the hands are tied to some level at a local level.
00:24:00.720 --> 00:24:06.960
So they're being they're dealing with the consequences, but perhaps not having um any control over the reins.
00:24:07.119 --> 00:24:16.960
When you were, when you were in Hartford and you guys were rewriting these zoning laws, I guess was there a lot of public input at these, oh, at these public hearings on those issues?
00:24:17.039 --> 00:24:24.319
And secondly, were people what kind of attitudes were expressed to you or your colleagues about changing these laws?
00:24:24.720 --> 00:24:34.000
Actually, um, we did uh I personally did 75 or 100 meetings with local folks and outside of our public meetings.
00:24:34.160 --> 00:24:37.200
Um, so of course, every Plating Zoning Commission has a monthly meeting.
00:24:37.279 --> 00:24:42.160
Ours were bi-weekly, um, you know, or so, let's say month, you know, regular meetings.
00:24:42.400 --> 00:24:53.519
Um, in addition to those where we would discuss amongst ourselves different changes we were making or proposing, um, I went out to the community and I went to people's meetings and talked about the zoning code.
00:24:53.680 --> 00:24:54.559
This is happening.
00:24:54.640 --> 00:24:57.920
Here's how what might affect your neighborhood, what are your concerns?
00:24:58.160 --> 00:25:06.799
Just like I tried to do that um, that walk and talk with Denise Best, the neighbor or leader that I mentioned in the very
first chapter of my book.
00:25:06.960 --> 00:25:10.720
Um, so that happened for me again and again and again every meeting.
00:25:10.880 --> 00:25:11.759
I learned something.
00:25:11.920 --> 00:25:22.160
My eyes were open to the connections between the very bad zoning code that we had inherited and the possibilities uh for the future if we changed it.
00:25:22.240 --> 00:25:31.680
And and I would often go back to those same groups and say, I heard you at this meeting, here's what we're gonna do, and really built consensus around reform.
00:25:31.920 --> 00:25:42.160
When we finally got around to the meeting itself to vote on the um the zoning code, it was almost entirely positive testimony.
00:25:42.240 --> 00:25:49.279
There wasn't out-of-town architect that said, this is gonna constrain my creativity because we had what we called a form-based code component.
00:25:49.440 --> 00:25:53.359
Um, but in general, uh the comments were positive.
00:25:53.680 --> 00:25:56.319
We passed the code unanimously in one night.
00:25:56.480 --> 00:25:58.000
There were not multiple hearings.
00:25:58.319 --> 00:26:06.319
We took the vote, we said it's done, it's done, you know, everybody was excited, uh, and we implemented the code.
00:26:06.640 --> 00:26:08.799
The code itself was is pretty cool.
00:26:08.880 --> 00:26:12.079
It's a model, I think, for lots of um other cities.
00:26:12.480 --> 00:26:21.119
It indicates everywhere in the city where housing is allowed, and it makes the housing that is allowed by right.
00:26:21.680 --> 00:26:33.680
Um, it has stormwater management provisions and tree provisions, which are very important for an overpaved, under-treed city like Hartford.
00:26:34.160 --> 00:26:49.599
It has a lot of other sort of energy elements, so permitting solar and even building mounted wind and things like that by right, um, as well as requiring electric vehicle charging stations, eliminating minimum parking mandates.
00:26:49.759 --> 00:26:51.599
This was back in 2016.
00:26:51.839 --> 00:26:52.880
No, 2016.
00:26:53.039 --> 00:26:54.160
Yeah, 2016.
00:26:54.319 --> 00:27:00.880
And we were the first city to do it citywide, and Buffalo uh was right there alongside us.
00:27:01.119 --> 00:27:21.359
Um, and you know, just doing a whole host of other things that uh loosening home-based businesses, for example, as well, that met the needs of our community, but also put into place best practices that I think we recognize still today, a decade later, are things that that local government should do to have an equitable, sustainable community.
00:27:21.519 --> 00:27:37.839
So I'm really proud of what we did in Hartford and it had a lot of community input, but the success of the project really depended on our being reliable, uh, transparent, upfront, honest, and knowledgeable, actually, about what we were doing.
00:27:38.000 --> 00:27:41.759
Um, when I came on the commission too, it was a it was underpopulated.
00:27:41.920 --> 00:27:59.599
There were many empty seats, and I also recruited an entirely new board of members that were much more diverse, reflected the diversity of the city, included uh people with children, um young people, people who were renters.
00:27:59.759 --> 00:28:09.359
Um, again, uh a range of people not normally represented on the zoning commission on a zoning commission, which made uh the whole, I think, out outcome a lot better.
00:28:09.599 --> 00:28:16.000
And it sounds like you did a lot of homework in advance out in the community to help pave the way for a smooth process.
00:28:16.160 --> 00:28:33.599
You know, cities sometimes can get in, have volcanic hearings uh when uh the community feels like maybe an agency is just trying to pull the wool over their eyes or get a code through that maybe they don't feel like they've had input in, even if it's been, you know, noticed in the typical legal requirements.
00:28:33.839 --> 00:28:43.440
Um, I think to myself about an episode actually we did recently that our listeners, uh, by the time this comes out will have heard about community policing and the importance of community policing.
00:28:43.519 --> 00:29:00.000
And we had a police chief, former police chief on from a place in Oklahoma, and he was talking about the importance of embedding in the community because that work up front saves work on the back end and does the thing government really needs more of these days, which is increasing public trust and participation.
00:29:00.240 --> 00:29:01.440
So I really appreciate that.
00:29:01.680 --> 00:29:07.200
Turn, you mentioned something in terms of some of the things that the Hartford zoning overhaul did that kind of struck a core with me.
00:29:07.359 --> 00:29:08.640
You talk about in your book as well.
00:29:08.960 --> 00:29:18.319
You said um some of the things we did included eliminating minimum parking requirements and freeing all the housing from burdensome public hearings.
00:29:18.559 --> 00:29:21.680
And I guess I'd like to hear more about that.
00:29:21.920 --> 00:29:28.960
Why is removing parking mandates or minimum parking ratios requirements, why is that a good thing?
00:29:29.119 --> 00:29:37.519
And secondly, why is reducing public hearings, which many people see as a form of transparency, why is that a good thing?
00:29:38.000 --> 00:30:04.960
Public hearings tend to be uh a place where the people who oppose new housing or oppose change, uh, feel free to stand up and really, in my experience, not in Hartford, but in other places, um, say some pretty problematic things, um, not substantiated things, about uh especially the new residents that they fear will enter into their community.
00:30:05.440 --> 00:30:07.839
Aka a race or immigrant-based thing.
00:30:07.920 --> 00:30:10.799
Is that kind of what these yeah?
00:30:11.200 --> 00:30:12.720
Abs yes, absolutely.
00:30:12.880 --> 00:30:23.119
And and because of my, I guess my role as a bit of a public figure talking about zoning, I have heard some
rather crazy stories about public hearings.
00:30:23.440 --> 00:30:33.519
At in Hartford, I realized that public hearings were actually pretty unfair to residents because our meetings were held in the evening hours.
00:30:33.680 --> 00:30:43.039
Um, maybe people had families and wanted to have dinner and not come and wait around for their chance to testify pro or con to a meeting.
00:30:43.200 --> 00:30:59.519
Um, it also disadvantaged people who were in favor of new housing because it's those very people who don't have money for a babysitter transportation to a downtown location and uh maybe free time to get off of work if they work the night shift and so on.
00:30:59.759 --> 00:31:13.039
So public hearings are a barrier, I think, to um or or making a decision at a public hearing almost by definition means that you will not be hearing from the full cross-section of the community.
00:31:13.279 --> 00:31:23.039
It also means anecdotally, um, that as I've heard and as we have seen in newspaper reports and local governments from uh in local cities all over the country.
00:31:23.359 --> 00:31:36.079
The solution, though, to make sure that immediate neighbors, residents, know what to expect is to write strong rules into a zoning code that outline exactly what will get built.
00:31:36.240 --> 00:31:38.160
That's the approach we took in Hartford.
00:31:38.240 --> 00:31:48.319
So by having a form-based code in our case, by having by right provisions, you could say there's this is the kind of building that's going to be built in your community.
00:31:48.480 --> 00:31:51.680
Um, it's going to be four stories tall, maximum.
00:31:51.759 --> 00:31:56.720
It's going to take up this much of the street, it's going to be pulled up, it's going to have a porch, it's going to have a pitch roof.
00:31:56.880 --> 00:31:58.400
Here's what it's going to look like.
00:31:58.559 --> 00:32:02.720
And what's in it is also, you know, laid out in the use table.
00:32:02.880 --> 00:32:04.079
And is this good for you?
00:32:04.160 --> 00:32:05.119
Does this work for you?
00:32:05.359 --> 00:32:10.079
If we wrote all those rules in advance, which we did in Hartford, as I mentioned, all housing is by right.
00:32:10.400 --> 00:32:12.640
It meant that we did not need to have a public hearing.
00:32:12.720 --> 00:32:22.799
So again, going back to the this is all part of the Sarah Bronan, once fewer meetings and less work to do, we had shorter meetings, they were more pleasant, uh, they were clearer.
00:32:22.960 --> 00:32:29.200
Everybody knew what was going to uh be expected from new construction in their community, infill development.
00:32:29.359 --> 00:32:32.880
We have a lot of vacant parking lots uh in the city of Hartford.
00:32:33.039 --> 00:32:40.480
Um, but we had a better sense for everybody, the developer, the neighbor, the city, as to what would be built in a particular community.
00:32:40.640 --> 00:32:56.000
That's way better than uh the unequal status quo for many
jurisdictions, which is public hearings, not for single family housing, by the way, only multifamily housing, but that's the that's the status quo almost universally nationwide.
00:32:56.079 --> 00:32:57.440
And that too should change.
00:32:57.599 --> 00:32:58.799
Public hearings are a problem.
00:32:59.039 --> 00:33:00.000
Yeah, I agree.
00:33:00.160 --> 00:33:01.839
I agree to a large extent.
00:33:02.079 --> 00:33:18.880
And of course, after COVID, allowing people to pipe in remotely who may not even have anything to do with the jurisdiction, but just want to make a point or grandstand or spread hate uh by appearing at public hearings via Zoom is also problematic to the points that you you you talked about there.
00:33:19.119 --> 00:33:22.799
I love that concept though, that you're not saying we should eliminate public hearings.
00:33:22.960 --> 00:33:24.319
You've just done them up front.
00:33:24.480 --> 00:33:28.960
You've done them as part of developing the zoning rules and expectations.
00:33:29.039 --> 00:33:42.880
So there isn't really need for on the back end because it occurred already on the front end, and then you do it in one big swath instead of piecemeal for every hearing, and homeowners just really have to run the gauntlet or property owners to try to get anything done.
00:33:43.119 --> 00:33:43.759
Absolutely.
00:33:43.920 --> 00:33:45.039
Yep, I totally agree.
00:33:45.279 --> 00:33:46.000
Yeah, that's wonderful.
00:33:46.079 --> 00:33:47.839
So let's shift a little bit to code enforcement.
00:33:47.920 --> 00:33:50.559
So obviously we're code enforcement and local government podcasts.
00:33:50.640 --> 00:33:57.359
And so in your time in Hartford, did you deal or interact with code enforcement any way, shape, or form?
00:33:58.000 --> 00:33:58.400
Yes.
00:33:58.640 --> 00:34:09.119
So in addition to working on the zoning code, um, the zoning commission rewrote uh what we couldn't find, apparently, the subdivision regulations.
00:34:09.360 --> 00:34:13.920
So when I got on board as a law professor, I said, okay, where's all of our roles?
00:34:14.159 --> 00:34:22.000
And we might have had subdivision regulations and inland wetland regulations, things we were required to have virtually by state law, but nobody could find them.
00:34:22.159 --> 00:34:32.559
We liaised with the flood commission and the flood uh civil engineers that were employed by the city, traffic engineer on both of those all of those documents historic um in historic ways.
00:34:32.719 --> 00:34:37.360
But I also helped to work on a rewrite of our housing code.
00:34:37.599 --> 00:34:48.400
And in that role, worked with some housing code officials, trying to understand what the dynamics were in our community, on especially for things like inspections.
00:34:48.559 --> 00:34:59.599
Um that housing code, uh, not it was not a zoning commission or in our purview as a zoning commit planning zoning commission, but it was just something that I felt was important to
help with.
00:34:59.679 --> 00:35:01.119
And so I was glad to do that too.
00:35:01.360 --> 00:35:10.400
In your view, what is what role can code of horse and play in helping to improve communities as zoning changes, zoning rules change?
00:35:10.719 --> 00:35:29.119
Well, there are a lot of places where the zoning rules might say one thing, but because over time maybe uh nobody reported a code violation or there was not a uniform system of inspection by the local government, uh, the land use change unbeknownst to anybody.
00:35:29.280 --> 00:35:31.280
Maybe a new addition was added.
00:35:31.440 --> 00:35:44.639
Um, so code enforcement is really important to ensure that the words on the page for any local law that requires code enforcement, whether it's zoning or housing or of course the building code, it actually works as intended.
00:35:44.800 --> 00:35:50.800
So I'm a I'm a big believer that that is the second part of not just the rules, it's also the enforcement.
00:35:51.039 --> 00:36:02.800
I'll just say that in Hartford over the years, it was not always the level of code enforcement uh across the board that was probably needed in an in a dynamic and changing urban city.
00:36:03.039 --> 00:36:05.599
And so every city has that issue.
00:36:05.760 --> 00:36:13.920
And, you know, many times you have to grapple with it after the fact, after land use was changed, after something happens to raise the issue.
00:36:14.239 --> 00:36:32.159
In the zoning code, we actually tried to do something and it didn't quite work, but we tried to deputize non-city, non-zoning inspector, non-city officials essentially, with the ability to handle certain types of citations.
00:36:32.400 --> 00:36:36.639
It was an idea, and I know that some places have experimented with that.
00:36:36.719 --> 00:36:42.320
So going outside of the public sector to try to try to improve rates of code enforcement.
00:36:42.559 --> 00:36:52.719
I don't know if you have some thoughts about that, but uh it was a it was something that we started tinkering with and then ended up uh ended up not really pursuing in a meaningful way.
00:36:53.119 --> 00:36:55.280
That's actually uh kind of a new concept to me.
00:36:55.360 --> 00:36:56.559
I had not heard that before.
00:36:56.639 --> 00:36:57.679
How how intriguing.
00:36:57.840 --> 00:37:06.159
What was the driver for the I guess the looking at deputizing non-government officials to enforce uh codes?
00:37:06.559 --> 00:37:16.559
Cities with limited budgets and lack of personnel uh might and I can't remember, I just saw another one, um another zoning code where that was the case.
00:37:16.719 --> 00:37:19.920
If I remember before the end of this podcast, I will let you know.
00:37:20.079 --> 00:37:35.440
Um, but the idea is that in a world of limited budgets and limited eyes, especially in a in a bigger city, Hartford is pretty small, it's 16, 17 square miles, but in a bigger city, more eyes on the street, more ability to to kind of understand immediate land uses.
00:37:35.760 --> 00:37:47.360
And um, maybe that uh enforcement prong could be aided by uh by others who have been trained uh to do that kind of work.
00:37:47.599 --> 00:37:51.199
So yeah, I mean, if I get that name of the other place, I will let you know.
00:37:51.360 --> 00:37:56.400
But I would have thought maybe it's just not something that California would allow.
00:37:56.559 --> 00:37:58.960
I don't think Connecticut expressly prohibits that.
00:37:59.280 --> 00:38:00.960
I think legally it could be done.
00:38:01.039 --> 00:38:11.280
Uh and you know, California has a couple thousand code enforcement officers by various names, you know, a zoning or uh community preservation officer or code compliance.
00:38:11.360 --> 00:38:14.239
They're all kind of, you know, brothers and sisters from different mothers.
00:38:14.400 --> 00:38:16.800
They go by different names, but they do the same functions.
00:38:16.960 --> 00:38:24.880
Um, the idea of volunteers from the community being deputized uh is frankly, I think that's a great idea.
00:38:25.119 --> 00:38:46.639
Uh, one, it invests the community in their own community and enforcement of their laws, giving meaning to words on paper, and then it increases, I think, probably enforcement, because instead of people looking at the code enforcement officer like the other, the government is coming down on them, even if they live in their community, you've actually got one of your neighbors who's like, we need to do this.
00:38:46.800 --> 00:38:53.199
So actually, that as you mention it, I think that that's a great idea and something that um I'm gonna look into a little bit more.
00:38:53.280 --> 00:38:55.440
Uh, but budgets are certainly an issue.
00:38:55.599 --> 00:38:59.440
That is, I think, a really interesting point uh that you raise about that.
00:38:59.760 --> 00:39:05.119
Code enforcement is some of our listeners are thinking, Matt, I don't do zoning enforcement.
00:39:05.360 --> 00:39:10.800
You what I would say to those folks is you do, you just don't know that you do it, perhaps.
00:39:10.960 --> 00:39:12.079
And then many others do.
00:39:12.159 --> 00:39:18.400
You know, we've got I've got a couple of cases going right now to try to protect, and maybe, maybe Sarah, you've heard of this before.
00:39:18.480 --> 00:39:20.000
I'd be interested in your thoughts.
00:39:20.239 --> 00:39:27.840
Um, California, our last bastion of affordable housing, particularly for seniors, is mobile home parks.
00:39:28.079 --> 00:39:37.920
And many uh jurisdictions have designated certain mobile home parks to be senior only, or maybe 80% senior available or 100% senior available.
00:39:38.079 --> 00:39:47.039
Nonetheless, there are some owners that are coming in, park owners, very well funded, that are coming in and converting them to all ages or threatening to shut them down if a city acts.
00:39:47.199 --> 00:39:50.000
Have you seen these kind of they're called overlays?
00:39:50.079 --> 00:39:52.800
Have you seen these kind of senior overlays before in your experience?
00:39:52.960 --> 00:39:55.360
Do they are they effective at helping protect?
00:39:55.679 --> 00:40:09.679
So we log for every district in the National Zoning Atlas information about whether there is an elderly only requirement, uh, both district-wide and for specific types of housing.
00:40:10.000 --> 00:40:16.960
We also log whether uh there are planned residential developments or mobile home parks that are allowed.
00:40:17.119 --> 00:40:21.440
Um, so that is a data point that we have um at scale across the country.
00:40:21.679 --> 00:40:26.639
That said, uh, you caught me off guard because I don't have our latest stats on that.
00:40:26.960 --> 00:40:33.920
I do believe the last time we looked, less than 1% of residential land was designated elderly only.
00:40:34.079 --> 00:40:35.119
Don't quote me on that.
00:40:35.199 --> 00:40:40.400
It's certainly not our most updated stat, but I would guess that probably still holds true.
00:40:40.800 --> 00:40:45.920
I would say that there's a double-edged sword for uh for the elderly only designation.
00:40:46.079 --> 00:40:54.000
On the one hand, if you do have that designation, it does dedicate that land for uh elderly residents.
00:40:54.159 --> 00:41:01.760
On the other hand, studies have shown that elderly people have more fulfilling lives if they are in mixed income places.
00:41:02.000 --> 00:41:19.760
We also know that the covenants that go on 55 and older active adult type communities, not through zoning, but through covenants, produce somewhat exclusionary situations whereas somebody might not even be able to have their grandchild stay overnight, certain types of communities.
00:41:19.920 --> 00:41:37.199
Um, and then finally, there are places that will create an affordable housing district in their zoning code, and they will say, well, this is only for elderly housing, knowing that that restriction will mean that the affordable housing will never pencil for a developer.
00:41:37.440 --> 00:41:46.400
We saw a lot of unmapped affordable districts in Connecticut, which is where the zoning outlet first started, they had that elderly provision.
00:41:46.559 --> 00:41:53.039
No developer ever sought it because that's not something that there's not a lot of elderly people that are going to retire in Connecticut, okay?
00:41:53.199 --> 00:41:59.840
They're going to Florida, but the the jurisdiction can say, well, we created this affordable housing district.
00:41:59.920 --> 00:42:02.960
Gee, I guess nobody really wants to use it here.
00:42:03.119 --> 00:42:09.679
And and that so I do think, again, that particular type of provision can be seen in a lot of different ways.
00:42:09.760 --> 00:42:12.000
And it really depends on the on the context.
00:42:12.079 --> 00:42:15.360
But we do log it, and at some point we'll do some research on it.
00:42:15.679 --> 00:42:19.199
What an interesting concept of
the empty zoning provision.
00:42:19.360 --> 00:42:32.079
The zoning provision with no actual applicability reminds me of uh a situation involving adult-oriented businesses and zoning for basically these are like back in the day, porno bookshops, stuff like that.
00:42:32.239 --> 00:42:34.800
Not a lot of jurisdictions really want them in their jurisdictions.
00:42:34.880 --> 00:42:37.440
They have a First Amendment right uh protection to do that.
00:42:37.599 --> 00:42:51.360
And I remember one jurisdiction in Southern California through distancing requirements and concentration limitations and all sorts of things, essentially when someone mapped it out and went, where can we actually place an adult-oriented business?
00:42:51.519 --> 00:42:54.159
It was in the middle of a quarry that they had.
00:42:54.480 --> 00:43:01.840
I mean, in a way, really in zoning, uh, if you're really intending that result, um, but not legally viable.
00:43:02.000 --> 00:43:07.840
So just a kind of a, I guess, kind of a funny aside, I guess, about zoning and some other aspects of the world.
00:43:08.239 --> 00:43:14.079
I just want to say, you know, so I do cover adult uses in my book, as you know, it's I do Austin, Baltimore.
00:43:14.239 --> 00:43:19.199
Um, but the, but so that's a fun conversation and maybe a whole other topic.
00:43:19.360 --> 00:43:24.159
But the unmapped zoning district is so prevalent across the country.
00:43:24.320 --> 00:43:31.360
When we last in December, we did a run of our database and we pulled all the districts and we asked, is this map or unmap?
00:43:31.679 --> 00:43:37.360
15% of the districts in our database, about again, 100,000 districts, were not mapped.
00:43:37.599 --> 00:43:42.239
This goes exactly to your point of, oh yeah, well, we sure we have that district, no problem.
00:43:42.400 --> 00:43:43.840
Pat yourself on the back.
00:43:44.079 --> 00:43:44.800
But not really.
00:43:45.119 --> 00:43:46.320
It's not mapped.
00:43:47.760 --> 00:43:49.199
It's an inter it is interesting.
00:43:49.280 --> 00:43:59.519
I mean, when the when the words on paper are put on an actual map, they can reveal very different outcomes than maybe even was intended at times.
00:44:00.239 --> 00:44:01.760
sometimes was intended.
00:44:02.079 --> 00:44:07.199
So let's talk about your the other atlas, the National Preservation Atlas.
00:44:07.440 --> 00:44:10.800
What was what is that and what is the goal behind it?
00:44:11.119 --> 00:44:25.039
So the National Preservation Atlas aims to document properties that have been designated historic on local, state, and national registers of historic places and also document the laws that apply to them.
00:44:25.360 --> 00:44:39.679
So what that means is that we are looking at not only all these registers and digitizing paper copies, hand-drawn maps, meets and bounds descriptions for the readers that are super into the property context.
00:44:39.840 --> 00:44:45.440
We we're just digitizing just very, very
zoning maps were bad.
00:44:45.760 --> 00:44:53.280
These indications of where historic properties are are all over the I guess proverbial map and they're really hard to pull together.
00:44:53.360 --> 00:45:00.800
But our team is really great sifting through all of these um old dusty registers and putting them all in one place.
00:45:01.119 --> 00:45:03.039
It's at preservationatlas.org.
00:45:03.119 --> 00:45:07.280
Zoning Atlas is zoningatlas.org, by the way, for anybody who wants to check out the stats.
00:45:07.519 --> 00:45:10.480
I'm amazed that they were still available by the way, those domains.
00:45:11.119 --> 00:45:11.840
Me too.
00:45:12.079 --> 00:45:21.599
We uh but we've done the full states of Connecticut, Nevada and uh DC, which is actually considered a state in our federal preservation regime.
00:45:21.840 --> 00:45:26.800
We're working our way through Virginia and Texas, part of Texas as well.
00:45:27.039 --> 00:45:35.199
And so we're looking not just again at where these properties are located, but we're also reading state laws, what protects historic properties?
00:45:35.360 --> 00:45:36.639
Are there tax credits?
00:45:36.800 --> 00:45:41.760
Are there local commissions that regulate uh what somebody can do with their property?
00:45:41.920 --> 00:45:44.719
Do they do alterations, new construction, demolition?
00:45:44.800 --> 00:45:48.639
What do they exactly uh regulate at the local level?
00:45:48.800 --> 00:45:55.760
So again, thought zoning was hard to find historic preservation ordinances at the local level are equally hard to find.
00:45:56.000 --> 00:45:59.920
And also confirming that they don't exist is a difficult task.
00:46:00.000 --> 00:46:06.960
So we'll know, you know, in some places they exist, some places they don't, but um we have had a very tough time doing that.
00:46:07.199 --> 00:46:10.480
And that's the work of the preservation atlas, but it's challenging.
00:46:10.800 --> 00:46:11.840
We really enjoy it.
00:46:12.000 --> 00:46:14.159
It is a sister project to the zoning atlas.
00:46:14.320 --> 00:46:18.320
I would say half of my research is on zoning and half is on historic preservation.
00:46:18.480 --> 00:46:23.440
You know, I had the chance to chair the Federal Preservation Agency for a couple of years and that was super interesting.
00:46:23.599 --> 00:46:27.840
And I realized that the data in preservation is basically non-existent.
00:46:28.079 --> 00:46:32.800
Where it does exist, it's not shared with the public and the public once again can't understand it.
00:46:32.960 --> 00:46:42.079
So this is a labor of love project once again to try to help people understand the things that I am super interested in and then hopefully maybe they get interested in it too.
00:46:42.320 --> 00:46:56.559
And I I love that you're basically taking uh the the hit for all of us by pouring through these really specific and arcane kind of um hard to find rules and putting them in an understandable location in in one place.
00:46:56.719 --> 00:46:58.480
So thank you Well it's our whole team.
00:46:58.639 --> 00:47:18.400
It's our whole team I mean we're all into it we all kind of have the same mission and and I'm really lucky that the people who've gravitated towards the project have have the same thought as I do which is like let's roll up our sleeves and get this done so people can can actually in both cases by the way start to change the rules that are in effect.
00:47:18.719 --> 00:47:20.719
Sure you can't change what you don't know.
00:47:20.880 --> 00:47:29.119
Maybe you guys can take on uh the tax atlas most I'll do next is solar energy law but that's and then I'm done.
00:47:29.440 --> 00:47:31.760
You can only take so much with that I get it.
00:47:32.000 --> 00:47:58.480
Wonderful uh well you know I do feel like um we might need to have a separate episode just entirely on adult oriented business because that is a really interesting topic from a zoning perspective and of course a lot of different perspectives but as as we kind of think about the future of zoning if you could s just snap your fingers and change one thing nationally what would it be?
00:47:59.039 --> 00:48:01.840
Gosh you know I this answer has changed over the years.
00:48:01.920 --> 00:48:04.639
I think the easiest thing to change is parking mandates.
00:48:04.800 --> 00:48:06.880
We don't need them get rid of them it's not necessary.
00:48:06.960 --> 00:48:14.960
It's destroyed a lot of historic buildings in our central cities because people have torn those places down for parking and it's just bad policy.
00:48:15.679 --> 00:48:52.480
But I think my answer now would be minimum lot sizes because I think that has uh not only again has these negative environmental effects but negative social effects let people build close together let people build cottage communities let people build um you know co-u housing type uses and I think getting rid of minimum lot sizes even if we don't also allow multifamily housing even if it's just single family small tiny homes and small lots that is actually could help us a lot with uh creating more affordable housing.
00:48:52.639 --> 00:48:58.800
So I would say maybe I started off the e-parking mandates, low-hanging fruit, buy right multifamily housing that's obvious one.
00:48:58.960 --> 00:49:03.440
But I think right now I'm into the minimum lot size and eliminating the minimum lot size.
00:49:03.760 --> 00:49:17.280
How interesting and what I'm hearing here is maybe also a bit of an an antidote to our increased disconnectedness among each other as we all are looking at our phones, not each other, not going out to communities.
00:49:17.440 --> 00:49:23.280
So uh that's actually that topic has actually come up in the last three podcasts we've reported this week.
00:49:23.360 --> 00:49:30.400
And so it's interesting to see uh perhaps a drive towards greater interconnectedness in communities than we've had the last couple of years.
00:49:30.639 --> 00:49:31.840
What a wonderful conversation.
00:49:32.000 --> 00:49:34.719
I promised myself I wouldn't go too far down the rabbit hole.
00:49:34.800 --> 00:49:38.159
I feel like I jumped in a couple of times you kind of pulled me out I appreciate it.
00:49:38.400 --> 00:49:41.760
Where can people go to get your book?
00:49:41.920 --> 00:49:46.079
It really and again folks I'm telling you it's a great book it's a great read.
00:49:46.320 --> 00:49:51.440
I completely understand that you might be thinking zoning Matt we do it all day read the book.
00:49:51.519 --> 00:49:55.840
It's a great book where where Sarah can people go to get your book and learn more about what you do.
00:49:56.159 --> 00:50:09.119
Hopefully you're able to go to your local bookstore that's always a plus I was just in Charlottesville this weekend and uh was really excited to see uh the local bookshop on the down mall carry the book.
00:50:09.360 --> 00:50:30.559
You can also visit my website so Sarah S A R A Bronan B-R-O-N-I-N dot com and then the zoning atlas and preservation atlas are your free resources uh to go and explore zoning and historic preservation hopefully on the historic preservation side we'll get a lot more coverage in the next two three years and we're super excited about that.
00:50:30.880 --> 00:50:39.280
Wonderful well I I can't uh thank you enough for having this conversation with me and our listeners and I can't thank you enough for everything you've been doing.
00:50:40.000 --> 00:50:41.599
It's been a wonderful conversation.
00:50:41.760 --> 00:50:42.960
Thank you Sarah for joining us.
00:50:43.280 --> 00:50:49.199
Thanks again Matt Thank you for joining us on this journey.
00:50:49.360 --> 00:50:55.199
If you enjoyed what you heard don't forget to subscribe follow rate and review us wherever you're listening right now.
00:50:55.440 --> 00:50:56.719
Until next time