2S Planning January 2008

A couple of winters ago, being thequintessential zoning attorney, I wascurled up in front of the fire at my mountaincabin reading a good development code.

bad all the latest bells and whistles that a progressive modern code should have: aform-based T N D residential district, hillside protection performance standards,gateway design overla)'s tied to the city's recently updated comprehensive plan,illustrative tables, flow charts, and pretty graphics. I was proud of it—one of thebest tny Hrm had produced. But I had a gnawing feeling inside thanks to environ-mental guru Lester Brown.

I had just finished reading Brown's troubling book, Pbn B: Rescuing a PlanetUnder Stress and a Civilization In Trouble. In it. Brown paints a dark picture ofEarth's future unless we as a society make some big changes in the way we live and

business. He documents bow oil production is peaking while world demand

Americin Planning Association 29

hrough ZoningThe sustainable community developmentcode comes to the rescue.

B Y C h r i s D u e r k s e n

is expected to increase by 50 percent by 2030,and how China will demand more food by 2030than theentire world produces today. Hewarnsof another species extinction event, this onelinked to global warming and man's destructionof habitat by development. Brown reports thata 2005 random analysis of newborn umbilicalcords in the U.S. detected 287 chemicals, 180known to cause cancer and 208 to cause birthdefects.

The effects of climatechange are felteverywhere, includingMexico City. LastJanuary women theredemonstrated in thestreets against therising price of com,which has been linkedto U.S. demandforethanol. Closerto home, plannersshould consider codesthat allow windturbines and solarpanels in residentialneighborhoods.

What, I thought to myself, would this state-of-the-art zoning code do to address these criticalissues? Sadly, I concluded, very little. It mightnibble around the edges of habitat ptotectionby preserving trees and river buffers or helpreduce carbon dioxide emissions that contrib-ute to global warming by encouraging mixeduse development and pedestrian niobihty. Butoverall, there was precious litde in it address-ing climate change, energy conservation and

production, community health, food supply,safety, and other critical challenges. Our codedevoted almost a dozen pages to nonconform-ing uses and nothing to solar and wind ener^,Something was out of whack.

It dawned on me that the wonderful flavors ofzoning regulations we have to sample and drawupon—Euclidean, form-based, perlormancc,hybrid—all have their strengths, but all haveserious blind spots when it comes to sustain-able development and sustainable communi-ties. Worse yet, I thought, was that if zoningcodes did not evolve dramatically, they wouldbecome irrelevant. Zoning attorneys sufferenough without being accused of irrelevance.Thus was hatched the idea of what I call thesustainablecommunit)'development code. Theidea is simple: Make sure development eodesdirectlyaddress sustainability issues like energyconservation and production—forexample, byremoving impediments to compact residentialwind turbines or requiring subdivisions to belaid out to take advantage of solar power.

Dcdnitiun. pAt thi.s point, it is useful to step back and definekey terms—^like "sustainability" and "sustain-able development." Tbomas Jefferson said it ina way that appeals to me: "Then 1 say the earthbelongs to each genetation during its own course,fully and in its own right, but no generation cancontract debts gtcater than can be paid duringthe course of its own existence." A more moderndefinition of a sustainable community was of-fered by the Rrundtland Commission, whichstudied sustainability in the 1980s: "ISustainabledevelopments] meet the needs of the presentwhile ensuring that future generations have thesame or better opportunities."

30 Planning January 2008

By these definitions, it is fair to say that fewof our comtntmities can claim to be sustainable,though many are trying. As a father of two youngmen, I worry that we are not giving our childrenthe same opportunities that our generation hadand that we arc undermining that most cherishedAmerican value: choice. Simply put, unless weclean up our houses, our children will not havethe same choices we have enjoyed.

We must act now—there is no time to lose.Polar ice is melting at an alarming rate. We arebeginning to run out of fossil fuels just whenChina and India are creating enormous newdemands. A global population surge will gobbleup enormous amounts of food just as our landbase is being diverted to fuel erops. Witnessthe tortilla riots in Mexico City caused byskyrocketing corn prices in the U.S. linked toethanol production. High grain prices have alsocontributed to a huge surge in milk price.s^—46percent worldwide since November 2006 (a riseone newspaper headlined as "tidderly amazing").On the health front, obesity continues to soarin western countries—in 2004, it was estitnatedthat 60 percent of che U.S. population and 15percent of our children were overweight orobese—with dire health consequences and costs.In 1960 we spent about five percent ofourGNPon health care, but by 2005 that had increasedto 16 percent—$2 trillion in all.

g 1« lh(" roscur';*But what can a local zoning code do aboutthese htige global issues? Plenty! Ask any localelected ofificial what their most powerful andeffective tool is to shape and protect their com-munity and most wilt say, "our zoning code." Arecent issue of Time magazine devoted to globalwarming provided a list of 51 steps the averageperson can take to save the planet, including 13pertinent to land use and zoning regulations,like "ditching the McMansion" and instalUngcompact wind turbines.

Iflcal action is key. While the federal govern-ment seems to be in denial, mayors and localgovernments are leading the way in implement-ing sustainable policies and plans. If local gov-ernments do not act, they risk being preemptedby state governments-—^already in Californiaand Nevad.i the state legislatures have partiallystripped cities and counties of their powers toregulate solar and wind power devices.

So what is wrong with the existing zoningmodels? While each type has its strengths, allhave glaring weaknesses when it comes to sustain-ability. Euclideanzoningcan protect neighbor-hoods by keeping out incompatible uses, butit can also stifle mixed use developments thatmay help reduce auto traffic and air pollution.

At the same time, it can contribute to sprawl byforcing uses apart and limiting density.

Form-based regulations have admirablypromoted mixed use development and pe-destrian mobility, but often ignore naturalresource issues or favor design over the environ-ment—"design without nature" according tosome critics. Indeed, one leading new urbanistspokesman recently su^ested that wetlandslaws be weakened because they do not allow usto build "the places we love," as he put it. Thisat a time when Louisiana is looking to spendS25 billion to recreate wetlands to protect thatstate's cities from another roimd of devastatingstorms and floods.

The answer is to build on the best attributesof these other code approaches, but address a farwider range of issues like energy, climate change,food security, and health. The sustainable codemust be tailoted, and it must help shape newdevelopment to live in harmony with naturerather than trying to trump it.

Some detailsHow would a sustainable code work and whatwould it look hke? The sustainable communitydevelopment code of the future is beginningto take shape under the auspices of the Rocky.Mountain Land Use Institute at the Universityof Denver School of Law. This code will followthree paths to sustainability:

• Removing obstacles: Most modern codescreate barriers to sustainability, often uninten-tionally. For example, small wind turbines andsolar panels are often prohibited by residentialzoning regulations, height controls, or designstandards.

• Creating incentives: Some sustainabletechnologies are relatively new and experi-mental—like green roofs. Zoning codes canfoster i ncreased density and other incen tives toencourage use of such technologies.

• Enacting standards: While removing ob-stacles and creating incentives will be important,no zoning code can succeed without mandator)'regulations that require certain actions or preventharm. As Teddy Roosevelt once said, asmile anda six-shooter sometimes work better than a sm i lealone. For example, protective regulations maybe essential to preserving trees that help sop upcarbon dioxide.

How might these three approaches play outin the context of key sustainability issues likeenergy conservation and production, climatechange, food security, and health and safety?

While fossil fuels and nuclear power will un-doubtedly continue to supply most of our energy

needs in the near term, alternative fuels like solarand wind powerarc quickly gaining ground, Afederal research lab estimates that wind powercould realistically provide 20 percent of thenationsenerg) needs. Usingcurrent technology',a microturbine with six-foot blades on a 50-footpole could supply all of the energy needs for twohomes in a moderate wind area. Passive solarand solar panels offer similar promise.

Unfortunately, when the Joneses go solar,planners are often the ones to feel the heat. InCalifornia, zoning restrictions on residentialrooftop solar panels led the state to prohibitlocal governments Irom denying solar energypanels solely on aesthetic grounds. Local plan-ners can get ahead of the game by reexaminingtheir accessory use and design standards forresidential areas to make sure small-scale solarandwindpowerdevices are not unduly restricted.

Street Stub Collector Street

1,500 fMt)

Nodes

Connectivity Index: 36/21 =1.71

A diagiam of aneighborhood inFranklin. Tennessee,shows how linkedtogether thecommunity is.The city scoresproposed newdevchpmentsusmganumencalconnectivity index.Above: Walkersand jokers on thePinkerton ParkWalking Trail inFranklin.

32 ["Linninp [anuan'2008

Solar and wind power devices need not be ugly.Already companies are producing solar roofpanels that are almost indistinguishable fromordinary shingles, and compact wind turbinesare not much bigger than the average house boxfan. Yet most zoning ordinances prohibit theiruse out ot hand or indirectly through heightregulations or aesthetic standards.

local zoning regulations can also help pro-mote solar power by makingsure buildings haveaccess to the sun. After all, light access was oneof the powerKil rationales for adopting zoningordinances back in the early lyOOs.

During the energy crisis in the 1970s, Colo-rado and some other states adopted legislationrequiring local governments to protect solaraccess at the site level. Boulder, Colorado, isone of the few cities in the state that still hassuch a regtilatory regime in place. It assessesevery residential buildingapplication to ensureihat new homes do not encroach on the solarenvelope of neighboring parcels. In urban areaswhere phinners are promoting taller, denser de-velopments to support transit and limit sprawl,protecting solar access will be an interestingjuggling act.

Ambitious jurisdictions will go beyond pro-tect ing solar access building by building—theywill require developers to consider sokr accessin layingoutentiresubdivision.s. Western citieslikeCheycnne. Wyoming, were laid out over 100years ago with wide streets canted at an angle totake advantage of the bright western winter sun.Already subdivisions in such widely disparatelociitioiLS as Drake Landing, Alberta, and Davis,California, are being designed so that each lotreceives mitximtim solar exposure. A few citieslike Fort (Collins, Colorado, and Multnomah.Oregon, have enacted regulations requiring thata specified percentage of lots in new subdivi-sions—20 to 30 percent—must be oriented totake advantage of solar. Do not be surprised tosee othercommunities going further, followingthe lead of Aspen, Colorado, which assigns ancnergj'btidget to new developments and imposesan energy fee if the budget is exceeded.

Local zoning regulations are also being used tocombat climate change. New urbanists havemadea major contribution to local developmentcodes by promoting mixed use developmentsthat reduce reliance on the automobile, thuscuttingbackcarbon dioxide emissions. Researchshows that a compact mixed use developmentcan reduce auto use by five to 15 percent.

A good first step for local governments is tocreate districts that remove hurdles to mixed usedevelopments, They can do much more, how-

ever. Portland, Oregon, has created a powerfulincentive for green roofs that can soak up car-bon dioxide emissions (and reduce stormwaterrunoff) by giving developers a height bonusfor installing them on commercial buildings.Similarly, Austin, Texas, gives bonus pointstoward meeting commercial design standardsfor developments that use "cool" roofs.

Tree preservation regulations, which havebecome increasingly common over the past20 years, will be even more important as localofBcials recognize that protecting and plantingtrees is one of the keys to rein in .skyrocketingcarbon dioxide levels.

Do not be surprised to see more and moreAmerican cities requiring developments to be"carbon neutral," as European cities are report-edly already doing. The concept is similar tothe "no net loss" offset idea being applied towetlands. In this approach, the total amount ofcarbon emissions projeeted from a development(additional traffic, use of energj' in producingbuilding materials) must be offset, for example,by planting trees.

Food security and self-sufficiency promise tobecome a critical sustainability issue in thenear future. In 2006. the U.S. for the first timeimported more food products by value than ]iexported. Pood increasingly comes from distantsources, tbe average food item traveling over1,300 miles in this country. With the populationbooms in China and India and the competitionfor land by agricultural-based fuels like ethanol,there is little doubt that food security will becomean issue for developed nations, not only forunderdeveloped ones. To feed their citizens atreasonablecosc and reduce energy consumptionrelated to food transportation, pioneer citiesare setting goals for local food production andself-sufBciency. Toronto hopes to supply 25

percent of its fruit and vegetable productionfrom within city limits by 202S.

Ihe problem is that planners (like mosieveryone) see urban communities as foodcon.sumption areas and rural areas as foodproduction sources. Urban agriculture andhusbandryare either not addres.sed or outrightprohibited in most places—but that is beginningto change. A growinglist of cities including NewYork and Chicago allow raising oi animals andfowls for noncommercial purposes. Having afew chickens poses no public health is.sut's, buttake a tip from a Kansas farm boy: Be sure to

\{ V s <i II r (• (• s

In print. Lester Browns book. Plan B: RescuingaPlanet Under Stress and a Civilization in Trouble,was published in 2006 by W.W. Norton. APApublications that address climate change includeSmart Growth in a Changing World, edited byJonathan Barnett, and the August/September2007 issue of Planning. For a report on greenzoning ordinances in the U.S., .see "BuildingGreen: Ontis or Bonus?" in the April issue ofZoning Practice, published by APA.More. Planners Guide to Sustainable Dei^el-opment (PAS 467) by Kevin Krizek and JoePower (APA Planning Advisory Service, 1996);Fnvironmental Planning Handbook by TomDaniels and Katherine Daniels (APA PlannersPress, 2003).

CD-ROM Training. Green Community Plan-ningiAmerian Institute of Certified Planners):ComeinporaryZoningand Codes: Best ofContem-porary Community Planning 200-4 (APA Fduca-tion and Lincoln Institute of Land Policy).Coming soon. Model provisions fora sustain-able zoning code will be available this springfrom the Rocky Mountain Land Use Institute:www.Iaw.du.edu.rnilui.

American Planning /Vismiaiinn

TRESPASSINGVIOLATORS

WILL BE SHOTSURVIVORS

WILL BE SHOTAGAIN

An old car gets new life as a garden in Toronto-part of the Community Vehicular ReclamationProject put on by a local group called Streets ArePor People. Above: Sustainable developmentcodes don't prohibit use of open space and publiclands; they encourage it.

prohibit roosters unle.ss neighbors wantan earlymorning wake-up call.

Those vast expanses of vacant lots in citiesalso have enormous potential for urban gardens.Surveys show that Chicago has over 70,000vacant lots and Detroit 60,000. Not only canthese lots help provide healthy lood at lowcost to city dwellers, but as the national UrbanAgriculture report observed, urban agriculturehas a "regenerative effect... when vacant lotsare transformed from eyesores—weedy, trash-ridden dangerous gathering places—intobountiful, beautiful, and safe gardens that feedpeople's bodies and snuls.'

Zoning regtilations can help push thistransformation. Think of all the tot lots thathave been created to satisfy local open spacerequirements. Why not allow urban gardens asan alternative or require mixed tise developmentsIO buy one of those vacant lots and make itavailable for local food production? Far-fetched?Planning history teaches us otherwise. Witnessthe Mormons, who embraced one of the mostsophisticated town planninglaws in the worldas they settled the West—they required eachhome owner to plant two fruit trees to helpmake their communities self-sufficient.

I approach 60,1 know exactly what she meant.Having your health, enough food to eat, and adecent job is about 90 percent of the game oflife. But the signs are troubling for the richestnation in che world when it comes to health andsafety of its population.

The U.S. just fell out of the top 40 countriesin the world when it comes to life expectancy.No surprise there in view of the troublingnational statistics about obesity, diabetes, andother ailments. The public health communityis telling us diets or surgery will not get us outofthis crisis. They are joining with planners incalling for healthier and safer communities.Safety is a handmaiden of health. As we witness[hcconsequenccsofbuilding in harms way—thegrim lessons of Katrina and the wildfires in theWest—national leaders are finally waking upto the value of good planning.

Strong zoning and design standards can pavethe way for healthy communities by requiringconnectivity among developments. One studyfound that counties with higher residentialdensities and smaller block sizes had residentswho walked more, had lower body mass index,and were less likely to be obese or have highblood pressure.

Many communities are taking on the chal-lenge. Franklin,Tennessee, aprogressive suburbof Nashville, has adopted a numerical con-nectivity index for new developments, as haveOrlando and San Antonio. Franklin requiresa minimum number of connections bothwithin new subdivisions and to surroundingdevelopments.

Development standards am also help preserveaccess to public lands. That access is increasi nglybeing cut off by new projects, especially in theWest. Losing it can have significant health con-sequences because city and town dwellers haveless room to exercise and fewer opportunitiesfor stress-reducing recreation.

By requiring new master planned communi-ties and residential developments to lay out safepedestrian routes to schools, commercial centers,and public buildings, planners can put a stopto grim statistics like this: The major cause ofdeath among Hispanics in Los Angeles is ttafncacciden ts—-nut in cars but as pedestrians becauseof lack of sidewalks and safe walking routes.Many Americans say they would like to walkor bike co work if it were safe and convenient,yet one-fourth of all walking trips are made onroads with no sidewalks or wide shoulders.

tieahh iuifl saiVlyMy grandmother would often tell me chat if Tin* l ime is ripeyou had your health, you had everything. As ayoung invincible teenager, that refrain puzzledme no end; it seemed so unambitious. Now as

pSustainabilit)' encompasses many other issues:housing, wildlife habitat protection, waterconservation, and transportation^—almost to

the point of being overwhelming. Believe me,however, people are ready for the sustainabledevelopment code. While rooftop gardens oncars like the one 1 saw in Anchorage may be astretch, the average joe and Jane Homeownerand elected officials are asking—no, demanding,"What can we do?"

There has never been a more exciting timeto be a planner and to make the world a betterplace, which after all is why most of us chosethis aircer path. But some planners I speak with,both in small and large communities, seembeleaguered. They say they are swamped withday-to-day demands, leaving them litde time tothinkaboucthebigpicture. The .solution? Pursuewhat I call the low-hanging fruit strategy—goafter the easy wins at the local level.

Getting started has great power and genius.But be smart about how you come out of thestarting gate, for example by using menus ofstandards instead of just command and controlzoning regulations that give developers fewoptions.

Begin by trolling through your existingcode and removing obstacles to sustainabilitylike those described here. Add optional mixeduse zoning districts and sugar-coat them withincentives so they are easier to use than thestandard Euclidean single-use zones. Allow forurban gardens as an optional way to provideopen space. Take a cue from Austin, Texas,or Boulder, Colorado, and adopt menus ofsustainable options (green roofs, showers inoffice buildings to promote bicycling to work)chat allow developers to pick and choose howthey will meet commercial or residentiai designstandards.

And don't forget that a successful sustain-able development code will have its roots in asustainable community plan that lays a strongfoundation based on thoughtful, thoroughdeliberationandcitizencngagement. not quickthree-day charrettes.

Building sustainable communities is the greatchallenge of our lives. To paraphrase MarjorieStoneman Douglas, that great protectoi" of theEverglades: This is a test. If we pass it, we mayget to keep our planet. The sustainable com-munity development code can play a key rolein passing that test.

Chris Duerk5en is a land-use attorney and managingdirector of Clarion Associates, a grawih nianagemeniconsulting firm with offices in Colorado, North Orolina,Florida, Oliio. Illinois, and Pennsylvania, He thanksJames Van Hemen of ihe Rocky Moumain l^intl Ust-Instinite for his insights in developing the .SustainableComnuinity Development Codeconcept. Research wasconducted by Darcie White. AHA', Erica Heller, and Jt-flHirt of Clarion Associates; Joe Holmes, <t law school.student at UCLA, also contributed to this article.