Zoning Reform

The historic Fontenelle seven-plex in Downtown Phoenix shows middle housing. Image: EastValleyUrban.com

Zoning is a land use tool utilized by local governments to classify land and place limits on its use and development. Classic examples of zoning rules include use restrictions, height restrictions, minimum lot sizes, or setback/periphery requirements. These codes dictate what property owners can build as well as the size, form and use of the structures.

There are several major types of zoning. Euclidean zoning, sometimes known as single-use zoning or exclusionary zoning, divides land into distinct districts, or zones, each with specific, separated uses such as residential, commercial, or industrial. Form based zoning, on the other hand, focuses more of the forms of buildings, including building shape, street layout, public space accessibility, but less on use. In North America, zoning based on use is the most prevalent with over 50% of urban land in most municipalities being designated for residential use only, often within strict parameters such as allowing only one detached-home per lot, requiring ample yard space and parking as a function of the number of bedrooms.

Separating uses, limiting heights, and requiring each dwelling be detached, on a large lot has had the unfortunate result of increasing average trip lengths for Phoenicians moving back and form between their homes, jobs, and commerce and made walking unfeasible as transportation in most of the Valley. Separating uses and disallowing attached and vertical construction has likewise resulted in low feasibility and high costs for our public transit systems. The current neighborhood and municipality characteristics subsidize and thereby promote car use. In large part because of our zoning code, the average Phoenix MSA resident currently travels over 27 miles each day (FHWA)!

Transportation4America

There are many reforms proposed to help fix the inefficiencies of traditional zoning codes. Some urbanist thought leaders suggest we eliminate zoning altogether, keeping only what is directly relevant to safety and health such as separated heavy industrial use. Others believe in smaller reforms within the current context of our zoning codes. There is no shortage of opinions on the topic. 

At VUAA and similar organizations, there are some commonsense reforms most of us find agreement on. Here are just a few:

Middle Housing, including small-scale multi-family such as duplexes, six-plexes, ADUs/casitas or small townhome buildings, was cut out of permissible options in many cities' zoning codes, and thus went "missing" (term attributable to Daniel Parolek at Opticos Design).

Opticos Design

There are a lot of housing stock typologies between single family and tall towers. Permitting these "middle housing" types results in more dwelling units per acre of land and allows building on smaller lots, leading to shorter average trip lengths and better feasibility of alternative transportation modes like walking and transit. Also, as housing supply increases relative to demand, it’s typical to see residents get some much-needed financial relief.  

The state of Arizona recently made headway on both permitting ADUs and more intense iterations of Middle Housing by passing HB2720 and HB2721. 

HB2720 – Arizona municipalities with populations of at least 75,000 shall allow an accessory dwelling unit on any lot where a single-family home is allowed.

HB2721 – Arizona municipalities with populations of at least 75,000 shall allow townhomes, duplexes, triplexes, fourplexes on residential lots within 1 mile of the Central Business District (CBD), colloquially known as downtown. 

These are positive steps in the right direction, but there is plenty of work to do. For example, allowing middle housing citywide would better address the historic housing shortage and homelessness crisis. 

Not only does Missing Middle Housing help increase density and bring down costs for residents, it also adds variety of typologies as well as a diversity of household incomes into our neighborhoods. VUAA will work to build on the recent legislation.

Models from other States:

• Oregon HB 2001 – Requires cities with more than 25,000 residents and all metro Portland cities to allow duplexes, triplexes, fourplexes, cottage clusters, townhouses etc. in all single-family zones. Cities 10,000-25,000 in population must at least allow duplexes in single family zones.
  
  

• Washington HB 1110 - Requires many cities to allow a broader range of middle housing in areas historically dedicated to single-family homes — e.g. duplexes, triplexes, fourplexes, townhouses, etc.
  
  

• California SB 9 - Allows splitting single-family lots into two, or building duplexes, with ministerial approval, effectively upzoning (removing restrictions on) many former single-family-only zones.

A 1927 fourplex in Phoenix' Willo Neighborhood shows a history of small-scale multifamily in the area. Image: AZArchitecture.com

Zoning codes will may designate minimum lot sizes. For example, a zoning code might require a parcel to be a minimum of 6,000 square feet in a particular area. This lowers the flexibility a property owner might have to build on smaller and/or irregularly shaped lots. It also increases the average household income of a neighborhood by precluding home purchases by families who can't afford extra land. Minimum lot sizes, often paired with maximum lot coverage restrictions, result in a spread-out development pattern that necessitates each adult have access to a car for daily trips.

When large lots are mandatory, homes will be spread out more instead of compact. This encourages sprawl which leads to inefficiencies in providing public services --- more roads, pipes, and other infrastructure per person are required. Once built, the maintenance costs over time are onerous, a fact that is certainly applicable in Phoenix, as well as municipalities all over the country.

Here in Arizona, there were unsuccessful efforts to pass reform on this topic. SB 1229 was vetoed by Governor Hobbs. The bill mandated that cities with 70,000 or more people may not establish minimum lot sizes larger than 3,000 square feet on new developments with more than 5 acres of land. There are additional stipulations that loosen rules on building materials, design, community amenity requirements, and setbacks. The idea of this bill was to allow more “Starter Homes”, single family houses that had smaller building footprints. These could serve a variety of people such as young families, single homeowners, older Arizonans looking to downsize etc.

Models from Other Cities: 

• Texas SB 15 – Forbids major cities from requiring homes in new subdivisions to sit on lots more than 3,000 square feet. The bill applies to cities with at least 150,000 residents in counties with populations of 300,000 or more residents. It also only applies to new subdivisions with 5 or more acres of land.
  
  

• New York S188 (proposed) - Would prohibit villages from establishing minimum lot size > 1,200 sq ft in certain contexts.

Zoning can often be very restrictive in terms of how people use their private property as well as what uses can be put in residential neighborhoods. This takes away the opportunity for small scale commercial operations to be placed closer to housing, harming the walkability and liveliness of neighborhoods. Loosening restrictions on Residential Retail is an easy way to bring amenities closer to where people live instead of making them travel about the city more than they already do (thereby also reducing traffic congestion).

Good examples of appropriate land uses in residential areas include cafes and corner stores. These are uses operated outside of personal homes in separate structures but can be built at a scale where they do not disturb majority single family neighborhoods.

In addition, zoning will oftentimes place restrictions on people running businesses out of their homes, also known as Home Based Businesses. There is an opportunity to promote economic growth and convenience by allowing small businesses to thrive in residential neighborhoods. Businesses like hair stylists/barbers, tailors, personal training/yoga, therapists (in-person sessions), woodworking, bakeries, caterers and more are generally good fits in personal residences. This also brings more services to local residents and gives them additional opportunities to make trips by foot rather than car. The person providing the service can also work from the comfort of their home.

Models in Other States: 

• Florida – § 559.955 – 

• Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business. 

• A “home-based business” is one that operates from a residential property where an employee of the business lives in the residence. (In addition, you can have up to two (2) additional employees or independent contractors work out of the residence. The business can have remote employees that don’t work out of the residence.)

• A home-based business may operate from a location even if the area is only zoned for residential use.

• A home-based business is still subject to applicable business taxes (Local Business Tax Receipt) but only in the county/city where the home-based business is located.

• Parking for the home-based business still needs to comply with local zoning requirements and can’t be any more than would normally be used for a similar residence where no business is conducted.

• Business vehicles, trailers, and equipment cannot be parked in a right-of-way, over a sidewalk, or on any unimproved surfaces at the residence. (They don’t want a lot of business trucks and trailers blocking roads and sidewalks or parked in yards.)

• A home-based business still has to comply with other regulations, such as signage rules and nuisance prohibitions.
  
  

• California AB1616 - Created a new category of food enterprise in California called a cottage food operation, which is the only type of food business that can use a home kitchen for processing food for sale to the public in California. The types of foods that a cottage food operation can sell are limited to “non-potentially hazardous foods,” which are foods that are unlikely to grow harmful bacteria or other toxic microorganisms at room temperature.

City of Bismark, ND

These are just a few examples of common sense zoning reforms that can improve walkability of neighborhoods, equity, and vitality in our cities.