Although transit-oriented development has been hailed for a number of years as an excellent alternative to conventional low-density development, it has still not been institutionalized within the permit and regulatory environment of most jurisdictions in the nation and region. According to a report published in the New Urban News, for every dollar invested in transit-supportive land use developments, over $1,400 is still invested in conventional suburban development. For this to change, local communities will need to take a hard look at how their zoning and development codes either frustrate or accommodate station area development activities.
Described below are three ways of creating a more effective regulatory and permit review environment for transit-oriented development.
Modify zoning and development regulations. Many local zoning codes unwittingly discourage transit-oriented development through regulations designed to promote automobile-oriented, single-purpose, suburban-scale development. Identifying and eliminating these regulatory barriers is a necessary first step for creating successful transit station communities. This process is sometimes described as a 'regulatory audit'. When modifying regulations, it is important to take market forces into consideration. Land use regulations that are too stringent may discourage all development activity while regulations that are too broad may allow development that is not desirable. An economic analysis of new regulations should be conducted to ensure they do not represent a true disincentive to positive development.
Tailor regulatory mechanisms to the station area In conducting a zoning or regulatory audit you may find that many of the objectives you want to achieve within a station area are not desired or appropriate in other parts of the jurisdiction. For instance, implementing reduced parking requirements jurisdiction-wide could cause problems in certain areas. There are many ways to apply or fine-tune regulations to achieve desired objectives in a station area. Many jurisdictions in the region already use different techniques to tailor their code to historic districts, growth centers, or other unique areas. Some common ways that zoning regulations can be tailored for use in achieving station area objectives include:
- Developing new zone classifications
- Creating a transit overlay zone
- Establishing new zoning districts
- Instituting design guidelines
Simplify the Permit Review Process Many private developers cite length of time and uncertainty in the permit process as primary barriers to development. The permit review process plays a large role in both the time and level of certainty in getting development approval. Facilitating the permit process can provide a powerful incentive for transit-oriented development. Ways to streamline permit review in station areas include:
- Remove or consolidate steps in the process.
- Make sure the applicable regulations are organized and easily accessible.
- Review prior appeals to identify opportunities.
- Allow for flexibility in the permit process.
- Conduct some of the permit steps in advance of the development proposals.
Creating Transit-Supportive Land Use Regulation, Planning Advisory Service Report Number 468, American Planning Association, Chicago, Illinois, December 1996.
Creating Transit Supportive Regulations: A Compendium of Codes, Standards, and Guidelines, Municipal Research and Services Center of Washington, Seattle, Washington, August 1995.
Creating Transportation Choices through Zoning, Sno-Tran, Snohomish County Transportation Authority, Lynnwood, Washington, October 1994.
Infill Development: Strategies for Shaping Livable Neighborhoods, Municipal Research and Services Center of Washington, Seattle, Washington, July 1997.
Land Use and Development Mechanisms Around Passenger Rail Stations: A Lynnwood Station Area Study Technical Memorandum, Sno-Tran, Snohomish County Transportation Authority for the City of Lynnwood, Lynnwood, Washington, July 1988.
Light Rail Station Area Interim Protection Ordinance, Section 135, and Station Community Planning Areas, Sections 136-142, Hillsboro Zoning Ordinance No. 1945, City of Hillsboro, Hillsboro, Oregon, 1994-1997.
Mode Enhancement through Land Use Design: Development Design Strategies to Encourage the Use of Alternative Transportation Modes, Stevens/Garland Associates, Inc. for the County of San Diego, California, San Diego, California, July 1991.
Smart Development Code Handbook and Appendix, Transportation and Growth Management Program, Oregon Department of Transportation and Oregon Department of Land Conservation and Development, Salem, Oregon, August 1997.
Zoning Tool Kit: The Handbook for Evaluating and Updating Comprehensive Plan and Zoning Maps, Bureau of Planning, City of Portland, Portland, Oregon, February 1997.