Introduction: The Challenge Offered. A family member asked me what I knew about the Los Angeles re:code LA project, a 5-year, $5 million revision of the city's 600 page zoning code. I knew nothing, but I said I would look into it.
Chapter 1: The Challenge Accepted. After looking into the re:code LA project and finding it to be too complicated and too expensive, I told my family member I would accept a challenge to come up with a simple zoning code any city in America could afford—and one that was shorter than 200 pages.
Chapter 2: Administrative Options. As a warm up exercise, I start by reviewing some of the administrative options available to jurisdiction—no planning commission, multiple planning commissions, and multiple sets of land use regulations. LA uses a strange combination based on its specific needs, needs most other cities don't have. In general, cities are much smaller than LA, so much smaller they don't need the complexity LA uses. America has 34,000 local governments that serve communities with fewer than 25,000 residents. Because of that, I decided to shift my attention to writing simple land use regulations suitable for smaller cities.
Chapter 3: Zoning Options. I briefly explain the main forms of zoning—private, Euclidean, incentive, performance, and form-based. (Form-based codes are actually planning not zoning.)
Chapter 4: The Code of Ordinances. Codes are not content, they are filing cabinets. Codes keep track of ordinances, but a jurisdiction that doesn't know how to properly file won't be able to retrieve what it needs, when it needs it. Properly filing is basic to Common Sense Zoning.
Chapter 5: Combining Permit Regulations. A code can be constructed in any old way, but one simple coding error can cause untold grief: dividing subdivision and zoning into two separate code titles. By combining subdivision and zoning I solved all sorts of long standing problems planners come up against in processing planning permits.
Chapter 6: Looking at Procedures. Over the years, state laws and court cases have suggested that all planning permits fit into three categories—legislative, adjudicative, and ministerial. But the three terms are almost never mentioned in land use regulations. It's as if planners and lawyers work with completely different subject matter with no common ground whatsoever.
Chapter 7: Looking at Permits. I assumed that commonly used land use regulations would contain a complete list of planning permits. But that is not what I found: city A listed 13 permits, city B listed 19 permits, and city C listed 11 permits. The only permit all three had in common was the variance. I knew there had to be more than a handful of planning permits.
Chapter 8: Looking at Districts. When I started looking, I had no idea how many zoning districts I would find in codes—I found a lot more than I thought I would, certainly far more than necessary or desirable. Some jurisdictions list 40 or more zones. Phoenix, Arizona lists 66 zoning districts. I recommend jurisdictions reduce zoning districts to a minimum.
Chapter 9: Looking at Standards. The typical code is short on standards. The first code I looked at listed only 23 standards—I knew there had to be more than that. When I read through more codes, I found dozens more; many of them intermixed with definitions, procedures, and other matter. Wouldn't it be nice if someone placed standards in one single location called 'Standards?'
Chapter 10: Stacking the Deck. Codes of ordinances usually consist of 'titles' and 'chapters.' A combined subdivision and zoning title usually has around 30 chapters. Once I started rearranging subject matter, I was able to reduce the usual 30 chapters to four 'suits:' procedures, permits, districts, and standards.
Chapter 11: According to Hoyle. Rules are necessary for the smooth functioning of government-but they are not interesting to read. I decided to dispose of pesty rules by moving them to the beginning of the code of ordinances—no one ever reads them anyway.
Chapter 12: Discard Jokers. I discarded a lot of the clutter that detracts from use regulations:
I discarded definition jokers. I listed standard reference works instead.
I discarded zoning administrator jokers. I moved this function back to the planning commission to reduce bureaucracy.
I discarded the zoning board of adjustment jokers. The board's function is to fix errors. I got rid of both the errors, and the board.
I discarded temporary use jokers. Street fairs, festivals, and Christmas tree and pumpkin lots are temporary activities that may need business licenses, but they are not planning permits that run with the land.
Chapter 13: Hold Aces. Euclidian zoning tries to regulate every aspect of business, but that always fails. The International Franchise Association alone represents over 300 different business concepts. There is a better way to address commercial land use. I propose alternatives that don't try to list every conceivable kind of business or industry.
Chapter 14: Planning Permission. Every planning permit issued by the planning department is legislative, adjudicative, or ministerial. Most jurisdictions don't know this, so they fall prey to land use 'entitlements' and development 'by right' two bogus concepts.
Chapter 15: Planning Permit Appeal. A well written and fully documented staff report is the key to reducing the number of appeals. If the planning department writes ironclad staff reports, few applicants will be inclined to challenge them.
Chapter 16: The Variance. The variance is the most abused of all planning permits. A variance may not be granted just because the property owner wants to increase the value of the property or earn more from the use of the property.
Chapter 17: Planner's Staff Report. Staff report writing is at the heart of current planning—it is a martial art—the traditional way planners defend themselves in battle. I explain how to write uncompromising staff reports that easily defeat bad proposals. (Only political corruption can defeat a good staff report—but there's a lot of that going on at city hall.)
Chapter 18: Mail Merge Forms. Mail merge creates personalized word processing documents by combining fixed text templates that remain the same, with variable text from data sources that change with every use. Mail merge software comes free with your computer. Using templates, I can generate all the public notices, and other documentation for a planning permit in less than one hour—with time left over for a coffee break.
Chapter 19: Simple Zoning for Smaller Cities. Ordinary folks need land use regulations they can understand: regulations that make sense to people who lack expertise in zoning; regulations that clearly explain the decision-making process; regulations that invite ordinary people to participate in governance; and regulations that protect communities from scoundrels.
Chapter 20: Land Use Regulations—Procedures. Procedures are the established way of doing something. Procedures also provide guidelines for making decisions. Most often procedures are long and confusing. I eliminated the unnecessary procedures and condensed them down to a few essentials.
Chapter 21: Land Use Regulations—Permits. There are only three categories of planning permits: legislative, adjudicative and ministerial. The 35 subcategories I list are only shortcuts or 'usernames' I made up so I could use my 35 personalized sets of application forms, public notices, questionnaires and other time saving mail merge forms. The 35 usernames facilitate cybernation of the workplace. I've condensed permit processing down to the bare minimum.
Chapter 22: Land Use Regulations—Districts. Most land use regulations list many zoning districts. I've reduced zoning districts down to eight and overlay districts down to four. There is absolutely no reason for any jurisdiction to have 30 or 40 zoning districts.
Chapter 23: Land Use Regulations—Standards. A standard is a rule or principle used as a basis for judgment. Zoning regulations include many standards. Any jurisdiction could easily list 150 standards, or more. If I had included 150 standards it would have added about 150 pages to the book. Also standards are specific to each jurisdiction—there is no 'one size fits all' list of standards.
Chapter 24: Re:codeor Common Sense. I recently received the draft outline of the new land use regulations for the City of Los Angeles. The Re:code LA Land Use Regulations Outline lists 15 code chapters or what they call ‘Articles’. Los Angeles appears to be going down the same path they’ve been going down since the dawn of time.
Common Sense Land Use Regulations eliminate the unnecessary, condense the essential, and present the code title in only four chapters.
Chapter 25: Time for a U Turn. Zoning doesn’t do much to improve urban communities. The more I investigated, the more I became convinced that Euclidian zoning and its offshoots have led us down a dead end street—it’s time to make a U turn. Land use regulations can’t make your community a nice place to live. For that, you need to look to planning.
Chapter 26: Local Plan Solution. Land use regulations can't make your community a nice place to live. For that, you need planning: (FBC) Form-Based Code, (GPA) General Plan, (SPA) Specific Plan. Planning not zoning is the right tool for the job.
Chapter 27: Conclusion and Downloads
Mail Merge forms and data files
In house permit processing forms
Instructions to applicants
