My ideas for a good zoning code

Hi everybody

So I am currently very interested in city planning, urbanism, and public transport, and one of my focuses is on how bad zoning codes in North American cities are holding back good urban development. I am generally of the mindset that the best urban places develop mostly organically, but that they only develop nicely if the guidelines and context surrounding them are such that the nice development is the logical way for them to develop. With that in mind, I have been playing around with the idea of creating a better zoning code for cities, one that is stripped down but still has enough regulations to put a check on car-centric development and urban/suburban sprawl. I will probably go into the specifics more in the future, but for now, this is what I have at the moment (for context, this is set in a world governemental system different from ours, based on how I would rather it be. It could of course be modified to fit into our current society better, but I wanted to think in utopian terms for the fun of it)....

GENERAL ZONING AND DEVELOPMENT CODE FOR THE FEDERATION OF UPSTATE NEW YORK

Part 1: Goals

The regulations outlined in this document are intended to serve as a guideline for the urban and rural development, public and private, for all land within the borders of the Fed. of Upstate NY. While leeway is given to local governments as to the exact implementation of these regulations within their jurisdiction, these regulations are enforceable, and blatent disregard for the letter or spirit of the law by such jurisdictions may be punished through judicial procedings or, if noncomplience continues, withholding of federation funding and resources. These regulations are to govern development from the passage of this law forward, and do not apply to development that has already been completed. However, private actors and local governments are highly encouraged to update noncomplient development voluntarily, and the General Assembly of the Federation of Upstate New York reserves the right to pass future regulations requiring such updates. Additionally, prexisiting noncomplient development does not serve as justification for expanding upon or building new noncomplient development in the same area or manor, and significant alterations to noncomplient developments must be complient with new regulations wherever possible.

The major goal of this legislation is to outline guidelines for emergent development that is socially, financially, and environmentally beneficial and sustainable. The General Assembly hopes that these regulations will help to encourage the creation of liveable, walkable, compact, transit-oriented urban settlements and will preserve environmentally sound, beautiful, productive rural areas. It also hopes that it will make it easier for small scale developers and business owners to thrive and compete with large scale ones, creating a vibrant, fine-grained local urban fabric that is resilient and flexible. Finally, it hopes that it will foster strong communities and support the democratic lifestyle by bringing people in contact with their neighbors and ensuring that all citizens have equal access the the fundementals of good, community living.

Part 2: Urban Development Zones

In order to constrain urban sprawl, protecting access to amenities and natural areas for all citizens, most intensive forms of development are to henceforth be constrained to designated Urban Development Zones (UDZs). UDZs are generally circular areas, centered around a central point called an "Urban Center," although they can occasionally be alternate shapes with special permission by the Department of Local Development Zoning Committee. Each UDZ is to be controlled by an Urban Development Zone Committee comprised of randomly selected citizens who reside within the boundries of the UDZ. The number of members of the committee should be 10 for UDZs under 1,000 people and 100 for all other UDZs, and the members should serve one year terms, with half of the committee being replaced every half year. UDZs are responsible primarily for determining the zoning map of the area and determining the public right of ways within their jurisdiction, although other responsibilities may be given to them by the Counties, Districts, Municipalities, and/or Wards in which they reside. The Federation will provide funds to run the meetings, compensate members of the Committee, and hire one or more City Planners (depending on population). All funds for other functions delegated to the UDZ are to be provided by the local governments doing that delegation.

There are 5 types of UDZ, which are as follows:

Type 1 - Village UDZs: These UDZs have a radius of 0.5km. Village UDZs are intended primarily to serve as gathering points and service areas for rural communities. Every Ward may, if they so choose, create one Village UDZ centered around a Village Center, which must be located according to the following specifications:

(a) A Village Center must be located within public right-of-way.

(b) A Village Center may not be located closer than 2km away from any preexisting Village Center or Transit Oriented Development Center, no closer than 4km away from any preexisting Town Center, and no closer than 6km away from any preexisting City Center. This requirement may be waived by the Federal Zoning Board if there is a signifcant barrier between the two centers, such as an unbridged river, or if the Village Center is to be located within a historically established settlement.

(c) The proposed boundries of the Village UDZ based on the location of the Village Center must contain at least 10 people.

(d) A Village Center must be located within 0.5km of each of the following amenities: Community Center, Public Square and/or Green.

Type 2 - Town UDZs: These UDZs have a radius of 2km. Town UDZs are intended primarily to serve as opportunities for small town/small city living, providing a basic variety of services for living daily life to their residents and housing Municipal and District offices, while still remaining small enough that natural areas are close at hand. Every Municipality may, if they so choose, create one Town UDZ centered around a Town Center, which must be located according to the following specifications:

(a) A Town Center must be located within public right-of-way.

(b) A Town Center must be located within 0.5km of a preexisting Village Center.

(c) The current boundries of the nearest Village UDZ must contain at least 500 people.

(d) A Town Center must be located within 0.5km of each of the following amenities: Clinic, Hotel, Cafeteria/Diner, Post Office Branch, General Store, Municipal Office. It must also be within 1km of each of the following amenities: Neighborhood Park, Library Branch, Elementary School.

(e) A Town Center must be located within 0.5km of a local transit stop with services to a nearby transit hub which at least once per hour between the hours of 6:00 and 21:00. Alternatively, the Town Center may be located within 0.5km of a transit hub itself which is connected to the NYS Regional Network and recieves trains/long distance busses at least once per hour between the hours of 6:00 and 21:00.

Type 3 - City UDZs: These UDZs have a radius of 5km. City UDZs are intended primarily to serve as opportunities for big city living, providing a large variety of services for living daily life and recieving specialized services to their residents and housing County and Federal offices, all with strong public transit options. Every County may, if they so choose, create one City UDZ centered around a City Center, which must be located according to the following specifications:

(a) A City Center must be located within public right-of-way.

(b) A City Center must be located within 0.5km of a preexisting Town Center.

(c) The current boundries of the nearest Town UDZ must contain at least 10,000 people.

(d) A City Center must be located within 0.5km of each of the following amenities: Police Station, Bank, Theatre, Full Service Post Office, Grocery Store, Pharmacy, County Office. It must also be within 1km of each of the following amenities: Department Store, Full Service Library. Additionally, it must be within 2km of each of the following amenities: Hospital, High School, Arena

(e) A City Center must be located within 0.5km of a local transit stop with services to a nearby transit hub which at least four times per hour between the hours of 6:00 and 21:00. Alternatively, the City Center may be located within 0.5km of a transit hub itself which is connected to the NYS Regional Network and recieves trains/long distance busses at least once per hour between the hours of 6:00 and 21:00.

Type 4 - Transit Oriented Development UDZs: These UDZs have a radius of 0.5km. Transit Oriented Development UDZs are intended primarily to initiate development in a previously underdeveloped area, and may be converted to Village UDZs once they meet the requirements. Until converted to Village UDZs, they are to be governed directly by the County planning department. Counties may, if they so choose, create as many Transit Oriented Development UDZs as they choose centered around a Transit Oriented Development Center, which must be located according to the following specifications:

(a) A Transit Oriented Development Center must be located within public right-of-way.

(b) A Transit Oriented Development Center may not be located closer than 2km away from any preexisting Village Center or Transit Oriented Development Center, no closer than 4km away from any preexisting Town Center, and no closer than 6km away from any preexisting City Center. This requirement may be waived by the Federal Zoning Board if there is a signifcant barrier between the two centers, such as an unbridged river, or if the Transit Oriented Development Center is to be located within a historically established settlement.

(c) A Transit Oriented Development Center must be located within 0.5km of a local transit stop with services to a nearby transit hub which at least four times per hour between the hours of 6:00 and 21:00. Alternatively, the Transit Oriented Development Center may be located within 0.5km of a transit hub itself which is connected to the NYS Regional Network and recieves trains/long distance busses at least once per hour between the hours of 6:00 and 21:00.

Type 5 - Special UDZs: This is a catch all for other, nonstandard UDZs which generally must be approved by the Federal Zoning Board. These can be used for developments such as lakeshore cottage districts, large amusement parks, ski resorts, and other nonstandard settlement types.

When two UDZs would overlap, the local government within which the overlapping region resides must determine which UDZ that region should belong to. When a new, larger UDZ (such as a City UDZ) is created, any smaller UDZs within its new boundries should be generally be dissolved and encorporated into the larger one.

Part 3: Intensity Zones

In order to direct where and to what extent development occurs, local governments should designate different geographic areas to different Intensity Zones. There are 5 different Intensity Zones: Natural, Rural, Urban, Highway, and Industrial. Municipalities may designate areas as any of these zones except for Urban, while UDZs may designate areas as any of the 5 zones.

In general, any area may be designated as Natural at any time, and any area except those already designated as Natural may be designated as may be designated as Rural. To designate an area as Rural, Urban, or Highway, an environmental review of the area must be conducted to ensure that those more intense uses will not impact the health of essential parts of the local environment, and that the area is suitable for the use being prescribed. Similarly, an environmental review must be conducted when converting Natural Zones into Rural ones. These environmental reviews may be shortened or waived during the intial period of designation following the passage of this legislation so long as designation is reflective of current existing conditions. However, this does not include the designation of areas outside of UDZs as Urban, as this legislation is intended to slowly transistion far flung suburban residential and commercial developments back into Rural or Natural states as buildings are abandoned and new ones do not replace them.

Each Intensity Zone has its own set of zone-specific rules and regulations, which will be outlined in the following parts.

Part 4: Natural and Rural Zones

Natural and Rural Zones are both intended to preserve bucolic scenery and discourage intensive development in their boundries. Outside of UDZs, these should generally be the two primary zones. Their restrictions are based largely around the maintainance of a correct ratio of ground coverage within the area. Both categorize the types of ground coverage into several categories, described below:

(a) Structure: Any impervious surface or heavily disturbed area, such as a building, parking lot, quarry, etc.

(b) Curated: Any highly manicured area of vegetation other than those used in farming - primarily yards, flower gardens, parks, etc.

(c) Cultivated: Any area under high intensity farming/tilling, such as fields of annual crops, livestock paddocks, orchards, etc.

(d) Managed: Any area under low intensity human management, such as pasture land, logging, etc.

(e) Wild: Any area under little to no human management, such a lightly or non-logged forests, wetlands, open water, etc.

The main difference between Natural and Rural Zones is which of these ground covers are prioritized and the ease of development within each.

In Rural Zones, Cultivated and Managed areas are prioritized, and development is relatively permissive. As long as new development does not increase the combined amount of Structure and Curated area within a 0.5km radius of the center point of the development beyond 20% of the total land area (excluding land zoned Urban, Highway, or Industrial), the development should generally be permitted as long as it does not cause undue environmental harm, Cultivated and Managed areas may take up as land area as desired, as Rural areas are intended to be working areas of agriculture and other primary industries. If they wish, Municipalities and UDZs may set lower limits than 20% for the maximum developable land area.

While all land use types allowed by the given Land Use Overlay (described later) which covers the area are permitted in Rural areas, uses which support agriculture and similar industries are favored. This includes, but is not limited to, farm houses, barns, farm goods stores, lumber mills, silage facilities, farmstands, etc. Uses not directly related to rural industries should not exceed the offerings provided in nearby UDZs, unless the service would be difficult to offer in an urban setting. For example, although a small gas station convenience store would be permitted in a Rural Zone, a full service supermarket would likely not be if it offers a wider selection of goods than are available in the grocery stores in the nearest UDZ. However, a plant nursery, which would be difficult to offer in an urban area, would be permitted.

In Natural Areas, Wild areas are prioritized, and development is strictly regulated. Environmental reviews should be conducted for all new development, and all landcover types except Wild should not exceed 20% of land area within the 0.5km radius of any new developments. If they wish, municipalities may set stricter limits, or may regulate the proportions of each ground coverage type independently. Natural Areas are intended as places of environmental preservation and outdoor recreation.

~ TD

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