When you're dealing with any piece of real estate in Massachusetts, you need to Understand The applicable land use regulations and cases. Bobrowski's Handbook of Massachsetts Land Use and Planning Law provides all the insightful analysis and practical, expert advice you need, with detailed coverage of such important issues as: Affordable housing Special permit and variance decisions Zoning in Boston Nonconforming uses and structures Administrative appeal procedures Enforcement requests Building permits Vested rights Agricultural use exemptions Current tests for exactions SLAPP suit procedures Impact fees Civil rights challenges. Helpful tables facilitate convenient case law review, while forms and extensive cross-references add To The book's usefulness.
Zoning is at once a key technical competency of urban planning practice and a highly politicized regulatory tool. How this contradiction between the technical and political is resolved has wide-reaching implications for urban equity and sustainability, two key concerns of urban planning. Moving beyond critiques of zoning as a regulatory hindrance to local affordability or merely the rulebook that guides urban land use, this textbook takes an institutional approach to zoning, positioning its practice within the larger political, social, and economic conflicts that shape local access for diverse groups across urban space. Foregrounding the historical-institutional setting in which zoning is embedded allows planners to more deeply engage with the equity and sustainability issues related to zoning practice. By approaching zoning from a social science and planning perspective, this text engages students of urban planning, policy, and design with several key questions relevant to the realities of zoning and land regulation they encounter in practice. Why has the practice of zoning evolved as it has? How do social and economic institutions shape zoning in contemporary practice? How does zoning relate to the other competencies of planning, such as housing and transport? Where and why has zoning, an act of physical land use regulation, replaced social planning? These questions, grounded in examples and cases, will prompt readers to think critically about the potential and limitations of zoning. By reforging the important links between zoning practice and the concerns of the urban planning profession, this text provides a new framework for considering zoning in the 21st century and beyond.
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Nearly all large American cities rely on zoning to regulate land use. According to Donald L. Elliott, however, zoning often discourages the very development that bigger cities need and want. In fact, Elliott thinks that zoning has become so complex that it is often dysfunctional and in desperate need of an overhaul. A Better Way to Zone explains precisely what has gone wrong and how it can be fixed. A Better Way to Zone explores the constitutional and legal framework of zoning, its evolution over the course of the twentieth century, the reasons behind major reform efforts of the past, and the adverse impacts of most current city zoning systems. To unravel what has gone wrong, Elliott identifies several assumptions behind early zoning that no longer hold true, four new land use drivers that have emerged since zoning began, and basic elements of good urban governance that are violated by prevailing forms of zoning. With insight and clarity, Elliott then identifies ten sound principles for change that would avoid these mistakes, produce more livable cities, and make zoning simpler to understand and use. He also proposes five practical steps to get started on the road to zoning reform. While recent discussion of zoning has focused on how cities should look, A Better Way to Zone does not follow that trend. Although New Urbanist tools, form-based zoning, and the SmartCode are making headlines both within and outside the planning profession, Elliott believes that each has limitations as a general approach to big city zoning. While all three trends include innovations that the profession badly needs, they are sometimes misapplied to situations where they do not work well. In contrast, A Better Way to Zone provides a vision of the future of zoning that is not tied to a particular picture of how cities should look, but is instead based on how cities should operate.
