Its interesting, I swear!

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.

(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.

(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, Highway, Industrial, and Urban. 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 Industrial, 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 (land zoned Urban, Highway, or Industrial are treated as "Wild" for the purposes of this calculation), the development should generally be permitted as long as it does not cause undue environmental harm (as determined by the Department of the Environment). 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 (those within 5km), 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 (unless that UDZ is more than 5km away from the proposed development site). However, a plant nursery, which would be difficult to offer in an urban area, would be permitted, regardless of the offerings in the nearest UDZ.

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.

Land uses within natural areas may be specificly prescribed by local governments, and may be as strict as is determined for the specific circumstances of that area. Generally, however, land uses which support the environmental protection and outdoor recreation purposes of the Wild Zone should be favored. This includes, but is not limited to, campgrounds, hunting and fishing supply stores, scientific laboratories, cabins, etc. Similarly to in Rural Areas, uses not directly related to natural pursuits should not exceed the offerings provided in nearby UDZs (those within 5km), and, unlike in Rural areas, a service's inability to be provided for easily within an urban area is not significant justification for it to locate in a natural area at any large scale.

Part 5: Highway Zones

Highway Zones are intended to provide a place for the development of services which support travellers and other operators of motor vehicles while discouraging the use of motor vehicle-centric zones for day-to-day use by non-travellers. Highway Zones should generally be designated along major automobile throroughfares, especially when those throroughfares become close to UDZ areas in such a way where development along them for local, rather than traveller, uses may become economically "tempting". It may also be used near freeway interchanges to provide concentrated areas of automobile oriented development for travelers, or on the outskirts of UDZs who have chosen to heavily restrict automobile-oriented development within their boundries to provide an area for services that would otherwise have nowhere else to locate.

While most use types allowed by the given Land Use Overlay (described later) which covers the area are permitted in Rural areas, uses which support travellers or automobile users are favored. This includes, but is not limited to, gas stations, drive through restauraunts, motels, car dealers, car repair shops, roadside attractions, etc. Uses not directly related to automobile use should not exceed the offerings provided in nearby UDZs (those within 5km), unless the service would be difficult to offer in an urban setting. Additionally, no residential uses may be permitted in Highway Zones, except those serving business owners and workers who legitimately operate/work at a business within the Highway Zone (this includes farm houses resided in by farm owners or farm workers whose farms are operated within the highway zone).

In order to improve smooth, safe traffic flow on the automobile throroughfares within highway zones, the government entity charged with maintaining a certain road within a highway zone may place restrictions on the minimum set back and the access requirements for developments along that road. These restrictions should comply with guidelines provided by the Department of Transportation.

Part 6: Industrial Zones

Industrial Zones are intended to provide a place for the development of large scale heavy industry and space-intensive uses such as airports and landfills without disturbing the urban fabric and disrupting the lives of urban dwellers. Industrial Zones should generally be designated on the outskirts of UDZs, in places where they are accessible to workers but do not disrupt the pleasentness of urban life. They should also be located near major logistics and transportation corridors, such as railroads, highways, and seaports. The location of Industrial Zones, as well as the makeup of developments within it, should be tightly regulated by the Department of the Environment, and is beyond the scope of this document. However, it is important to note that, much like Rural and Highway Zone, uses not directly related to the permitted industrial uses determined by the Department of the Environment should not exceed the offerings provided in nearby UDZs (those within 5km), unless the service would be difficult to offer in an urban setting. Additionally, no residential uses may be permitted in Highway Zones, except those serving business owners and workers who legitimately operate/work at a business within the Highway Zone (this includes farm houses resided in by farm owners or farm workers whose farms are operated within the highway zone).

Part 7: Urban Zones

Urban Zones are the most versitile zone type, and are the primary focus of this document. They are intended to provide a place for residential, commercial, and compatible industrial uses which provide for vibrant, livable, walkable communities. Generally, any type of development, except for industrial uses determined by the Department of the Environment or the Department of Health to be unsafe or significantly inadvisable to locate near populated areas, is permitted by default within Urban Zones. However, Land Use Overlays, Urban Density Overlays, and Street Character Overlays (described later) can restrict its development from the default liberality. Additionally, development within Urban Zones must still comply with the Right-Of-Way Regulations and Acceptable Road Standards (described later).

In exchange for their permissive allowance of development, the designation of Urban Zones and the location of development within Urban Zones is much more limited than that of other Zones. Firstly, only UDZs may designate land as Urban, and only within the boundries of their UDZ. New development within Urban Zones must also meet the following requirements:

(a) They must be located within 100m of an Activated Right-of-Way OR it must be possible to circumnavigate around the new development travelling on Activated, Semi-Activated, or Quasi Right-of-Way in 500m or less.

(a) They must have an access point on their property to an Activated Right-of-Way.

(c) From the new development, it must be possible to travel to the Urban Center of the UDZ it is located within (not applicable for Special UDZs) travelling only on Activated or Semi-Activated Right-of-Way (or the development's property) within the following distances:

- 1km for Village Centers

- 3km for Town Centers

- 6km for City Centers

- 1km for Transit Oriented Development Centers

(d) If the development is located within a Town or City UDZ, there must be at least one alternate route to travel from the development to the Urban Center other than the optimal shortest route travelling only on Activated or Semi-Activated Right-of-Way (or the development's property) which does not take the traveller outside the boundries of the UDZ and which does not overlap with the optimal shortest route for more than 0.5km.

(e) If the development is located within a Town or City UDZ, it must also be possible to reach the following destinations travelling only on Activated or Semi-Activated Right-of-Way (or the development's property) within 1km: Community Center, Public Square and/or Green

(f) If the development is located within a City UDZ, it must also be possible to reach the following destinations travelling only on Activated or Semi-Activated Right-of-Way (or the development's property) within 3km: Clinic, Hotel, Cafeteria/Diner, Post Office Branch, General Store, Municipal Office, Neighborhood Park, Library Branch, Elementary School.

Part 8: Right-of-Way Regulations

In order to ensure that development occurs in a way that is sustainable for maintainance and servicing by the local government, as well as in a way that allows widespread, efficient travel between locations, local governments and UDZ boards are tasked with the designation and regulation of public right of way. There shall be 5 different classes of right-of-way, which are as follows:

Type 1 - Posted Property: This is all land that is not considered Right-of-Way, which is not legally open for people to enter without permission. Trespassing laws apply here, whether the land is privately own or publicly owned.

Type 2 - Stewarded Land: This is private land which is fully under the developmental control of a private landowner, but which is open to limited public use outlined by the Federation's Right-to-Roam Law, such as hiking. This generally applies to rural land with a low level development which is more than 0.5km from any residential buildings. It is not generally considered right-of-way for the purposes of Zoning Regulation, despite sometimes allowing for walkers to use it to get from one place to another.

Type 3 - Unactivated Right-of-Way: This is land which is legally owned by the local government to serve as Right-of-Way, but which is currently not being used as such and so can be used by the property owner whose land the Right-of-Way was taken from. Generally, these can be found along property boundries, particularly in rural and suburban locations, though it can occaionally be found in other locations where the government wishes to reserve land for possible future public use. Private landowners who have been given access to the sue of unactivated right of way may build in them, but what they build must be able to be removed relatively cheaply, safely, and easily if the government wishes to activate that right-of-way. Landowners will not be compensated for the seizure of Unactivated Right-of-Way or any structures built on it, but they must be given 6 month's notice before seizure and activation. Therefore, recommended structures to build on Unactivated Right-of-Way include things like fences, sheds, porches, and other simple constructions that can be easily removed.

Type 4 - Semi-Activated Right-of-Way: This is land which can be used as right of way for the purposes of walking and determining distances to places, but cannot serve as a property's only access point to Right-of-Way. A common example of this kind of right of way are alleys, which allow travel through them, but which cannot serve as the only street frontage of a development. Often, Semi-Activated Right-of-Way is lightly maintained or may even be maintained only by nearby landowners at their own discretion.

Type 5 - Activated Right-of-Way: This is right of way directly owned and maintained by the government, intended for travelling through and building on. This includes most streets and roads. Properties may front onto them as their primary access point for a development.

Type 6 - Quasi Right-of-Way: This is a purely regulatory designation that can be applied to features such as rivers, steep slopes/cliffs, elevated railroad/highway burms, etc., in order to allow for Urban Zoning in areas that are enclosed on almost all sides by right of way but are unable to be further enclosed due to some feature. It is intended to allow for more thorough development of Urban Areas where it would otherwise be regulatorily difficult.

The government or UDZ which regulates and area may convert land of types 3, 4, and 5 between one another at will (with 6 months notice given to affected residents), and may also convert those types into type 1 (or 2, where applicable). However, type 1 and 2 may only be converted into one of the other types under the following conditions:

(a) If the landowner agrees to sell the and to the government (or the government seizes it through emminent domain with just compensation).

(b) If it is impossible to circumnavigate around a landowner's property by travelling on Activated, Semi-Activated, or Quasi Right-of-Way in 2,000m or less, and that land is not within 250m of a development center, then any time the land is sold or subdivided, the government may convert any land within 4.5m of the property boundries into any of the other types of Right-of-Way without compensation for the land (structures not included).

(b) If it is impossible to circumnavigate around a landowner's property by travelling on Activated, Semi-Activated, or Quasi Right-of-Way in 250m or less, then any time the land is sold or subdivided, the government may convert any land within 1.5m of the property boundries into any of the other types of Right-of-Way without compensation for the land (structures not included).

~ TD

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My ideas for a good zoning code