Whether in our daily lives or at work, we intuitively know that simpler is better. That truism also applies to the zoning regulations that cities adopt. While city planners know that to be true, there are many forces working against that goal. Some of those are internal to the organization, while others are external forces.
State legislatures are increasingly writing carve-out provisions that restrict municipal control over land use. Some of these add special requirements that add to the overall volume of a code and create nuances and special provisions.
The range of land uses covered in zoning regulations has been growing. At one time, bed and breakfasts were a new phenomenon and regulations were added to zoning codes. Home occupations are now common in most zoning codes in an effort to help budding and established entrepreneurs minimize their overhead. Accessory dwelling units, cottage housing, and tiny homes are new housing options. The trend of boutique land uses will continue to grow as we witness major disruptions in our economy and the ways that people work and live.
At the risk of stating the obvious, we live in a litigious world, which oftentimes adds more bulk to zoning regulations. Ask any municipal attorney, and they will tell you they like to have 'belts' and 'suspenders' when defending a municipality's side when litigated.
Cities that have a diverse range of land uses will have more things to deal with than a city with a fairly homogenous framework.
Major shifts in the economy have ripple effects on land use. Take retail for example. As retailers abandon or down-size their brick-and-mortar operations, what will happen to those spaces? Zoning regulations need to be written so that adaptive uses can occur in those spaces. All of that requires more words in a code.
It takes time and effort to amend zoning regulations in a way that preserves simplicity. In many jurisdictions, the quick fix is to add a new article for the amendment rather than weaving it into the structure so it appears seamless.
Amendments to a zoning code are commonplace. Some are technical in nature while others address policy changes. Regardless, an amendment has the potential to complicate things.
Some code revisions are done quickly to address a particular issue. Oftentimes, that rush can complicate the overall structure of the code.
When time or budgets are short, it is commonplace to see provisions being replicated (i.e., borrowed) and used beyond the scope of the original drafter. Borrowing content from another jurisdiction works in some instances, but probably won’t work without reworking it to fit.
In some instances, code provisions are drafted for the benefit of a particular development project.
Code provisions are drafted because of a single instance in which an individual pushed the envelope beyond what anyone expected or exploited a loophole.
Ultimately, it is important to be mindful when writing zoning regulations that there are forces both within and outside of the organization working against simplicity. While most city planners understand the goal of keeping regulations simple, there may be external factors that can complicate the process. It is important to recognize these factors and work towards a solution that creates balanced regulations that still serve their main purpose of creating an orderly and equitable land-use environment. With this in mind, we can move towards creating zoning regulations that are both simpler and more effective.