WI city eyes 'Climate Change' Zoning Ordinances

[armadamaster]

Liberal Wisconsin capital would limit development, tree removal, fast food restaurants and parking to promote 'sustainability.'

 

By Jeff Poor

Business & Media Institute

1/14/2009 12:20:24 PM

 

Call this a case of liberalism via central planning gone wild.

 

In one of the most politically left-of-center cities east of Berkeley, Calif., ideas put forth at city hall in Madison, Wis. would dramatically limit free enterprise and personal liberty, all in the name of environmental sustainability.

 

According to the “Broad Strategies” section of a meeting agenda recently posted on the City of Madison Web site, an ordinance being considered would force city zoning to account for and mitigate climate change:

 

10. Zoning should adapt to meet the demands of climate change; use zoning to address or mitigate effects, or adapt to climate change; remove any barriers to mitigating the effects, adapting to climate change (trees, green space, mobility, renewable energy, land use).

 

Another item in the “Broad Strategies” section has a grim outlook for the future. It includes a proposal that spells out a doomsday scenario – allowing for the city to function should shortages in energy and food occur:

 

 

 

11. Write the code to all of the city to function when automobile travel will be severely limited and oil-related products, including food and heating fuel, become prohibitively expensive because of the scarcity and high-cost of fuel.

 

 

 

Other proposals throughout the document would push for use of alternative energies (solar, geothermal and wind), conservation, electric cars and urban agriculture. Other more Draconian regulations throughout the document would:

 

 

 

Limit waterfront development in the name of water sustainability,

Require two trees to be planted if one is removed from your property

Limit the “number/density of fast food outlets and drive-through windows” in the name of public health

Discourage individual parking options to promote public transportation usage

 

More

Edited January 15, 2009 by Armada Master

[stephenhawkings]

Broad Strategies to apply to the Zoning Code Rewrite

1. Zone for future - code should reflect future needs and desires – provide a framework

for what the community wants to happen (not a structure for what we can’t do).

2. Pursue intensive non-single-occupancy-vehicle orientation.

3. Code should follow new urbanism principles.

4. Zoning code should apply to all districts (all uses allowed in all districts).

5. Consider establishing a Transfer of Development Rights program.

6. Provide incentives for doing the right thing.

7. Focus the code on permissible uses.

8. TNS: Implement the City’s policy on The Natural Step, define what sustainability (success)

means for zoning, consider the human needs element (conceived broadly) as a part of

the equation in every category.

9. Inventory special requests (variances, conditional uses, etc) that could be made permitted to

remove barriers to sustainability.

[stephenhawkings]

12. Embrace and adapt to take advantage of new technologies.

13. Projects that meet sustainability principles should be eligible for waiver or bonus of zoning

regulations that would otherwise limit their success. (e.g. Passive House).

Zoning Code Sustainability Public Hearing 12/10/08 Page 3

Sustainability Ideas that can be addressed through Zoning

ENERGY:

1. Remove obstacles and provide incentives for other renewable energy opportunities

(wind, geothermal, etc.).

2. Allow for district cogeneration of heat and power, including geothermal.

3. Permit district co-op for alternative energy generation & neighborhood distribution.

4. Remove obstacles to renewable energy systems on buildings.

5. Allow solar power plants (small and large).

6. Allow for solar orientation—solar access, building placement, street design.

7. Allow violations of setbacks when implementing renewable energy systems.

8. Provide wind overlay on zones / districts.

9. **Create incentives for district heating/cooling in multi-use developments,

industrial and office parks.

10. **Allow for electric car plug-in, set aside space for infrastructure.

WATER:

1. Allow water storage tanks, cisterns and rain barrels.

2. Build in tree protection /tree replacement policies.

3. Allow for natural lawns and green space.

4. Reduce green space requirement if using non-mowed (natural lawn) surface.

5. Establish rules for waterfront development or development close to bodies of water.

Zoning Code Sustainability Public Hearing 12/10/08 Page 4

Sustainability Ideas that can be addressed through Zoning

GREEN INFRASTRUCTURE / URBAN AGRICULTURE:

1. Protect trees, but when they are lost in the process of development they must be replaced.

(e.g., if 1 tree is removed, 2 or more must replace it).

2. Make community gardens a permitted use in all districts.

3. Provide urban agriculture (soil) overlay on zones / districts.

4. Eliminate/reduce landscape requirement for permeable paving.

5. Reduce required green space if implementing non-mowed surfaces-natural lawns,

rain gardens and prairies.

6. Allow larger food production and distribution operations within city limits.

7. Allow beehives.

8. Allow agriculture related accessory structures.

9. Allow for farmers markets as permitted use in different zones.

10. Mixed use should include urban agriculture, commercial gardens and vertical farms.

11. Allow green roofs to count towards open space requirements.

12. Percent of lot open space is permeable.

13. **Preserve and develop urban land for biomass production.

14. **Allow permeable surface requirements.

15. **Guidelines (bulk, design) to minimize amount of impervious surface, and/or

require pervious/permeable surfaces.

Zoning Code Sustainability Public Hearing 12/10/08 Page 5

Sustainability Ideas that can be addressed through Zoning

PUBLIC HEALTH:

1. Use permit process to limit number/density of fast food outlets and drive-through windows

(similar to fast cash businesses, etc.).

2. Allow for pedestrian connectivity.

3. Allow for “woonerf district”—zone that is ‘car lite’ and ped / bike friendly zones.

DENSITY:

1. Increase density in nearly all, if not all, zoning districts; especially downtown.

2. Provide bonus for sustainable provisions that exceed minimum standards.

3. Allow density bonuses for green features.

MIXED USE/TRANSIT ORIENTED DEVELOPMENT:

1. Zoning should encourage mixed use, transit oriented development, especially downtown.

2. Transit hubs (and 1/8 mile radius around) should be designated TOD zones, and require

mixed use and minimum densities.

3. Use incentives for transit alternatives—discourage individual parking options.

4. Allow micro, mixed use areas (‘spot’ zoning)-residential / commercial infill, corners, retail,

employment, agriculture in all zones / districts.

5. Require office parks to include commercial areas so tenants can reduce transportation

at lunch time.

6. Allow mixed use to include range of uses – residential, commercial, green infrastructure

and urban agriculture.

Zoning Code Sustainability Public Hearing 12/10/08 Page 6

Sustainability Ideas that can be addressed through Zoning

RESIDENTIAL DISTRICTS:

1. Small front yard setbacks (and porches) encourage community interaction.

2. Permit dwelling units in accessory structures –e.g. “granny-flats.”

3. Use of accessory structure for home-based business: crafts, arts, food, ‘stock in trade’

‘commodity’ selling.

4. Reduce number of garage spaces allowed.

5. Specify a mixture of housing types (densities) to be provided on each block in new developments

(minimum 4 types/block, e.g. affordable, accessible, twin, single family, apartment).

6. Remove large lot size requirements and/or decrease minimum lot size in suburban districts to

encourage density.

7. Control maximum square footage (of dwellings).

8. **Allow for lower minimum square footage (of dwellings) amend building code.

9. **Provide for resource sharing between parcels (water, energy from one building to another).

10. **Maximize flexibility for sustainable practices (urban ag, permaculture, etc.).

COMMERCIAL DISTRICTS:

1. Create infill opportunity zones; areas where projects are encouraged with incentives to

developers (tied to transportation).

2. **Density bonus available for LEED certification.

3. **Permit buildings to exceed established height limits if they are designed to green building

standards (not necessarily LEED), incorporate renewable energy systems and/or green roofs.

Zoning Code Sustainability Public Hearing 12/10/08 Page 7

Sustainability Ideas that can be addressed through Zoning

PARKING:

1. Allow greater flexibility for shared parking, perhaps in zones, with guidelines that

acknowledge the reality of shared parking and provide incentives to participate.

2. Reduce number of cars permitted in accessory parking spaces.

3. Reduce parking lot size if based on usage study.

4. Change parking focus from floors (minimums) to caps (maximums).

5. Parking zones should be flexible to allow no parking in areas of high density, transit.

6. Allow front-faced non-residential parking if using permeable surfaces.

7. Require landscaping for off-street parking, include rain gardens.

8. Discourage individual parking options; provide incentives for transit.

9. Require permeable pavement wherever feasible.

10. **In some cases, consider allowing on-street parking to count towards parking ceiling.

11. **Eliminate incentives to build underground parking (e.g. density bonus).

Zoning Code Sustainability Public Hearing 12/10/08 Page 8

Sustainability Ideas that cannot be addressed through Zoning

The following ideas, generated by the Sustainability Focus Group would typically be addressed

by something other than the Zoning Code. Staff could provide more complete information on

the ability to amend local ordinances to implement these suggestions and any limitations

which may exist because of state and/or federal law.

1. Provide incentives for construction that meets green building standards.

2. Prohibit heated sidewalks/driveways.

3. Prohibit restrictive covenants on renewable energy.

4. Require businesses to turn off lights and signs when buildings are unoccupied.

5. Require solar on all commercial and institutional buildings.

6. Street trees should be placed and managed for maximum solar access.

7. Household grey water should be used for flushing toilets, irrigation.

8. Require % of irrigation water to be from collected grey water or harvested rainwater.

9. Require monitoring of infiltration systems to insure continued successful operation.

10. Allow for 100% on-site control or containment of water.

11. Allow composting toilets.

12. Neighborhood development standards for rain gardens – area/homeowner (e.g. Vilas).

13. Implement Passive House Standard (90% reduction in energy use) by removing obstacles

(if any) to “new” architectural designs, and providing incentives for houses that achieve it

14. Implement Green Affordable Housing Land Trusts (see “The City-CLT Partnership” from

Lincoln Institute. www.lincolninst.edu).

15. Neighborhood streets should be narrow with high curbs (to manage storm water runoff).

16. Combine sidewalks with no sidewalks (on one side of street only).

17. Require drive-up windows to close on air quality alert days.

18. Encourage greater variety of parking lot spaces.

Zoning Code Sustainability Public Hearing 12/10/08 Page 9

14. Establish baseline criteria for determining sustainability of proposals covered by code.

15. Provide incentives for sustainable practices – foster innovative design, fast track green building.

16. Create “innovation zones” to permit cutting-edge ideas, perhaps utilizing overlay districts.

17. Enable retrofitting of existing neighborhoods for greater sustainability.

18. Codify sustainability elements of site design, e.g. landscaping, water retention, parking and pedestrian connectivity

 

 

 

 

 

ps it helps to keep things in context instead of cherry picking for sensationalism, but i understand its not a dramatic then.

[xr7g428]

ps it helps to keep things in context instead of cherry picking for sensationalism, but i understand its not a dramatic then.

 

You are right, it is far more invasive than the summary. How can the word fascist not apply to this kind of regulation. There is a fine line between the elimination of obstacles to so called sustainable development, and requirements that either force compliance, or spend public money to force an agenda.