section 4-17 notes

section 4-17 notes - Jodi Krakower Section Notes Week 10...

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Jodi Krakower Section Notes Week 10 4/17/07 - Zoning affects much of city planning o Ex) NYC - Flavel Shurtleff - “Use of the Police Power in the Execution of a City Plan” o Needs to be more of a discipline on zoning o Reasons for land-ordinance prevent overuse and undesirable use of land o Limitations to prevent overuse of land o Burden is on private owners to show that an act is unreasonable o when police force is used impair free use of a highway (ex – NYC Coach Co.) o A use of land that is inherently unlawful and unprofitable and dangerous to the safety and health and offensive to the morals - when police force is not used o offensive use of land (ex – odor and noise) o billboards – special case nobody likes them, so try to make them expensive - “Police is constantly being held to justify interference with the use of private property. The only limit to such interference is judicial determination that a specific ordinance is not a reasonable means of protecting the safety, health, and morals of the community.” - “Regulating the Good that You Can’t Think Of” - Michael Kwartler -Kwartler recognizes that total control over city growth is impossible; the phenomenon of the city is just to big, decentralized, complex, etc. -Quotes an earlier theorist that “Only partial control can be exercised over [a city’s] growth and form. There is no final result only a continuous succession of phases.” -The good you can’t think of; we can’t predict the (good) ways people will use things in order to regulate them in advance. Example: use of lofts as apartments. -Tension between abstract zoning laws and the complexity of real life -Euclid Decision: 1926; approval of rigid and comprehensive zoning based on the police power (main grounds was the externality argument; eg., it’s not that we’re limiting your use of your land, it is that we are limiting your neighbor’s use so as to protect your land [value] ) - NYC Zoning: •It used ‘districting’ which ‘rationalized’ the city, dividing it into discrete chunks •this idea that the city is boundable/knowable is central to zoning •pre-regulation zoning = prescriptive zoning: use, height, etc.
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•1961 Zoning Ordinance: made innovation difficult; but at the same time, discretionary authority has a potential for abuse •1982 Regulations: assumes one doesn’t want to live in an industrial zone… no appreciation for mixed live-work environments - However, in modern times mixed use is growing in popularity - in contrast, the new idea of “Just-in-time” zoning •simple Euclidian model just won’t work anymore •pay attention to individual actions even when they are driven by self interest •PERFORMANCE: “relates zoning to actual development and design process” •THRESHOLDS: benchmarks based on “capacities of infrastructure / public facilities” •FEEDBACK: looking at the way things are happening and adjusting zoning accordingly •the idea of linking planning to zoning
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This note was uploaded on 04/07/2008 for the course LIT & ARTS B-20 taught by Professor Krieger during the Spring '07 term at Harvard.

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section 4-17 notes - Jodi Krakower Section Notes Week 10...

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