Replies to This Discussion

Permalink Reply by Jay Everett on September 27, 2008 at 4:58pm

Interesting, so how does the development process work in places like Dallas? What tools do they use instead of zoning to guide development?

Permalink Reply by Jay Everett on September 27, 2008 at 10:21pm

Ha ha, you said it, not me.

The reason for my question is that I did look at their website and they do have zoning regulations which seem to read and function like a conventional ordinance:

http://www.dallascityhall.com/zoning/html/zoning_information.html

however the bottom of the page has this note:
NOTE: The information on these pages has NOT been formally adopted by the City Council. It is prepared by the city staff and intended for use as a guide only. You are advised to see the Dallas Development Code for specific regulations. In the event of a conflict between these pages and the text of the Dallas Development Code, the text of the Dallas Development Code controls.

So when you take a look at the Development Code
http://www.amlegal.com/nxt/gateway.dll/Texas/dallas/volumei/preface...$fn=default.htm$3.0$vid=amlegal:dallas_tx

You find the history of zoning in Dallas:
The Code, as originally published in 1960, consisted of two loose-leaf volumes and constituted the first version and codification of the general ordinances of the City of Dallas since 1941. With the 1978 printing, the original two volumes were expanded by adding Chapter 51, the City's Zoning Ordinance. A third loose-leaf volume was added that contained the City's construction codes.

When reprinted in 1990, the Code was completely recodified, reformatted, repaginated, and reindexed. The 1990 Code consisted of three loose-leaf volumes -- Volumes I and II contained Chapters 1 through 50 and Volume III contained Chapter 51A, "Part II of the Dallas Development Code." The construction codes and Chapter 51, "Part I of the Dallas Development Code," were available for purchase separately.

With this 1997 printing, the Code has been completely repaginated to remove excess pages and has been converted to a computer format and font that will facilitate the Code’s maintenance by the City Attorney’s Office. This 1997 Code still consists of three loose-leaf volumes -- Volumes I and II contain Chapters 1 through 50, except for Chapter 16, and Volume III contains Chapter 51A. The construction codes and Chapter 51, "Part I of the Dallas Development Code,” may be purchased separately from the Building Inspection Division of the city. Chapter 16, "Dallas Fire Code,” may be purchased separately from the Dallas Fire Department.

This Code contains ordinances passed or effective through May 31, 1997. Supplements will be issued periodically so that copies of the Code may be kept up-to-date. It is anticipated that the supplements will be published quarterly.

All volumes of the Code, except the construction codes and the fire code, and all ordinances amending the Code will be maintained on a word processing system in the City Attorney's Office. Copies of the Code and all supplements, however, will be prepared and distributed through:

Perhaps what you have heard is not entirely true, it appears that Dallas does have zoning, but it seems to be a soft regulation or they do not have the power of law, what does seem to have the power of law are the Use Regulations found in Division 51A-4.200.
found here:
http://www.amlegal.com/nxt/gateway.dll/Texas/dallas/volumei/preface...$fn=default.htm$3.0$vid=amlegal:dallas_tx

But even these Use Regulations refer to the zoning districts to designate where uses are permitted by right. Maybe someone from the Dallas area can weigh-in on this issue and clarify some of the confusion.

But back to the original topic of this discussion... how much longer can complicated systems of Zoning and land use control like this remain viable?

Aren't form-based codes easier to interpret and enforce?

Which system results in a better built environment for community citizens?

Permalink Reply by Daniel Ashworth, Jr. on December 29, 2008 at 2:53pm

You are thinking of Houston, TX. Houston does not have zoning, but they do have land development and subdivision regulations.

Permalink Reply by Daniel Ashworth, Jr. on December 29, 2008 at 2:54pm

No, conventional zoning is what got us into the mess we are currently in. No future for it whatsoever.

Permalink Reply by Jay Everett on September 29, 2009 at 11:29pm

nrschmid,

I can't speak for Daniel, but I can give an example and a quote from a recent article in Nashville's City Paper that I think might illustrate his point ( quick fact: Nashville is currently about 2 months away from a Planning Commission vote to take action on a new form-based code for its downtown):

An analysis by Metro Planning shows 37 percent of the lots in downtown are vacant and only 6 percent have buildings with five or more stories, a very low number for a city of Nashville's size.

“When you compare what has happened in other core cities, we have not developed as rapidly as they have,” Planning Department Executive Director Rick Bernhardt told The City Paper. “I think [the existing] code has been an impediment.”
source

I think the widespread adoption of form based codes is a good thing for planners. The idea is that you, as a planner, conduct public input meetings and develop a community vision for future development. Then you codify those desires into a form based code. The result is a code that is much more user friendly and it streamlines the approval process so that developments consistent with the community vision can be built by right.

That's got to be more fun than the junk planners currently have to put up with. Wouldn't you rather spend more time conducting charrettes and generating graphics to illustrate the vision?

And if the designers and developers complain, I know you're going to enjoy saying "We gave you pictures, what more do you need?"

I have to give some major props to our local planners, the draft of Nashville's DTC is a very attractive and easy to use document. So easy an LA can understand it.

Nashville DTC Website
proposed Nashville DTC

Permalink Reply by Jay Everett on October 5, 2009 at 12:23am

To clarify, I would never call anyone else's work junk. The "junk" I'm referring to are the annoying phone calls and emails that planners have to field every day from people who have trouble interpreting regulations.

Permalink Reply by Jay Everett on October 8, 2009 at 10:44pm

Very well, I apologize. It certainly was never my intention to offend anyone, and I feel we have gotten off-topic. When I began this discussion it was not for the purpose of critiquing either the profession of planning or landscape architecture, it was to discuss the future of conventional zoning in light of new trends in land use regulations.

I think it is clear that we each feel passionately about our own point of view on the future of land use regulations. And I think this conversation is an important one and I hope we can continue it in a constructive fashion.

I recently came across this graphic which I think accurately depicts the shortcomings of conventional zoning and design guidelines while showing how form based codes can better ensure quality outcomes from development. While I agree that form based codes are more useful in urban situations, I would contend that they are easily applicable to suburban and rural situations. Could you elaborate further on why they wouldn't work for single family residential areas?

Permalink Reply by nca777 on October 8, 2009 at 11:52pm

Nice graphic Jay.

I get your point, not sure why theres so much hostility. Seems like there's a bit of a communication breakdown. I'm sure you've seen DPZ's Transect graphics.

Permalink Reply by Jay Everett on October 9, 2009 at 6:38am

Thanks Nick,
Yes, the DPZ transect from their smartcode is an example of applying form based codes to land use types ranging from intensely urban to conservation/wild-land areas.(the areas they refer to as T1 through T3)

photo credit duany plater-zyberk & co.

However, I do recognize that this is a template, not the code for a specific community. Does anyone know of an example/case study where form based codes have worked well in lower density situations?