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Full-Text Articles in Urban Studies and Planning
Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn
Smart Growth-Oriented Density And Parking Regulations, Michael Lewyn
Michael E Lewyn
Many articles have been written about pro-sprawl land use regulation, such as minimum parking requirements. This speech, by contrast, focuses on the frequency of land use regulation designed to increase walkability- in particular, minimum density requirements and maximum parking requirements. I conclude that the first type of regulation is quite rare and usually very lenient. The second type of regulation is more frequent; however, the impact of maximum parking requirements is not yet clear.
Against The Neighborhood Veto, Michael Lewyn
Against The Neighborhood Veto, Michael Lewyn
Michael E Lewyn
American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.
No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman
No Parking Anytime: The Legality And Wisdom Of Maximum Parking And Minimum Density Requirements, Michael Lewyn, Judd Schechtman
Michael E Lewyn
This article focuses on two aspects of smart growth policy that have thus far received little attention: maximum parking and minimum density requirements. To ascertain the frequency of such regulations, we examine the zoning regulations of twenty-four mid-sized cities, defined as those with populations between 500,000 and one million residents. The article concludes that the first type of regulation is somewhat common, but is usually restricted to certain types of land uses or sections of a city. Minimum density requirements, by contrast, are quite rare and quite lenient. Because these types of regulations have received little scholarly attention and are …
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Some commentators equate municipal comprehensive plans with "smart" growth (that is, development that considers the needs of nondrivers as well as the needs of automobiles). However, comprehensive planning. although desirable, is neither necessary nor sufficient for smart growth. Plans are not necessary because zoning reforms can achieve the same smart growth objectives as plans, and are not sufficient because many comprehensive plans support sprawl rather than smart growth.
Yes To Infill, No To Nuisance, Michael Lewyn
Yes To Infill, No To Nuisance, Michael Lewyn
Michael E Lewyn
Criticizes attempts to use nuisance law to prevent infill development.
How To Make America Walkable, Michael Lewyn
How To Make America Walkable, Michael Lewyn
Michael E Lewyn
Review of Walkable City, by Jeff Speck
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Suburban Sprawl: Weaker But Still Alive, Michael Lewyn
Michael E Lewyn
Review of The End of the Suburbs, by Leigh Gallagher.
How Real Is Gentrification?, Michael Lewyn
How Real Is Gentrification?, Michael Lewyn
Michael E Lewyn
Some commentators argue that gentrification is turning many cities into a playground for the rich. This article rejects that view, pointing out that even relatively affluent cities are still poorer than the average suburb.
The False Hope Of Comprehensive Planning, Michael Lewyn
The False Hope Of Comprehensive Planning, Michael Lewyn
Michael E Lewyn
Some commentators on sprawl and smart growth speak of municipal comprehensive plans and sprawl as polar opposites: but in fact, a comprehensive plan can be used to further auto-oriented sprawl just as easily as it can be used to encourage more pedestrian-friendly development. This speech uses parts of Jacksonville, Florida's plan as examples of pro-sprawl planning.
Judaism And Urbanism: Jewish Communities React To Suburbanization, Michael Lewyn
Judaism And Urbanism: Jewish Communities React To Suburbanization, Michael Lewyn
Michael E Lewyn
This speech addresses both how Jews should react to suburbanization and how they in fact have reacted in a variety of metropolitan areas.
Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn
Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn
Michael E Lewyn
Part of panel discussion on "Why Leave It To The Liberals? Conservative Views on Smart Growth"
Plans Are Not Enough, Michael Lewyn
Plans Are Not Enough, Michael Lewyn
Michael E Lewyn
Some commentators see comprehensive municipal plans as a remedy for suburban sprawl. But in fact, a plan can be used to promote sprawl as well as to prevent sprawl.
Sprawl In Canada And The United States, Michael Lewyn
Sprawl In Canada And The United States, Michael Lewyn
Michael E Lewyn
The purpose of this Article is to ascertain whether (1) suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) Canadian government policies, and in particular Canadian zoning law and transportation policies, encourage sprawl. The article concludes that Canadian metropolitan areas are in fact somewhat less sprawling than most of their American counterparts, but that in Canada, as in the United States, government land use regulation and government transportation policy do favor sprawl to some extent. For example, in both nations municipal zoning regulations, by limiting density and forcing landowners to build parking lots, …
Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn
Regulated Into Automobile Dependence: How City Hall Mandates Sprawl And What Planners Can Do About It, Michael E. Lewyn
Michael E Lewyn
A brief (about 20-minute) speech explaining why government regulation promotes automobile-dependent development.
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Michael E Lewyn
A symposium piece on my use of field trips and guest speakers in my seminar on sprawl and the law.
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Michael E Lewyn
PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Alternative Learning Formats In A Land Use Seminar, Michael E. Lewyn
Michael E Lewyn
A discussion of my use of field trips and guest speakers in my seminar on sprawl and the law.
What Would Coase Do? (About Parking Regulation), Michael E. Lewyn
What Would Coase Do? (About Parking Regulation), Michael E. Lewyn
Michael E Lewyn
American municipalities typically require landowners to provide visitors and guests with ample amounts of parking, in order to prevent externalities such as cruising (drivers wasting gasoline and polluting the air while searching for scarce parking). However, minimum parking requirements may create social harms that outweigh this benefit. By artificially increasing the supply of parking, minimum parking requirements effectively subsidize driving, thus increasing rather than decreasing pollution and congestion.
Sprawl In Canada And The United States, Michael E. Lewyn
Sprawl In Canada And The United States, Michael E. Lewyn
Michael E Lewyn
The purpose of this paper is to ascertain (1) whether suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) whether Canadian government policies, and in particular Canadian municipal land use and transportation policies, encourage sprawl. The thesis concludes that sprawl is less widespread in two respects. First, Canadian central cities have not declined to the same extent as American central cities. Second, urban and suburban Canadians are less dependent on automobiles than are Americans. The thesis goes on to point out that in Canada, as in the United States, government land use and …
A Libertarian Smart Growth Agenda, Michael E. Lewyn
A Libertarian Smart Growth Agenda, Michael E. Lewyn
Michael E Lewyn
Discusses a variety of policies that both limit sprawl and enhance, rather than reducing, landowners' property rights.
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn
Why Pedestrian-Friendly Street Design Is Not Negligent, Michael E. Lewyn
Michael E Lewyn
American streets are typically designed for fast automobile traffic. As a result, those streets are often dangerous for pedestrians.
In part, the anti-pedestrian design of American streets is a result of transportation planners' perceptions of American tort law. In negligent street design cases, courts and juries sometimes rely upon guidelines set by the American Association of State Highway and Transportation Officials (AASHTO), a national association of government transportation officials. Because AASHTO's street-design rules have historically favored wide streets built to accommodate high-speed traffic, planners sometimes assume that in order to avoid liability, they must do the same.
The purpose of …
Five Myths About Sprawl , Michael E Lewyn
Five Myths About Sprawl , Michael E Lewyn
Michael E Lewyn
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is “a natural result of affluence that occurs in all urbanized societies.” Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
Michael E Lewyn
Shows how zoning law in Jacksonville contributes to automobile dependence.
Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle
Planners Gone Wild: The Overregulation Of Parking, Michael E Lewyn, Shane Cralle
Michael E Lewyn
A review of Donald Shoup's book, The High Cost of Free Parking (to be published in William Mitchell Law Review).
Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher
Watts My Line? Energy Generation Siting Strategies For Urban Areas, Caleb W. Christopher
Caleb W Christopher
The growth of urban areas has historically been both constrained and encouraged by energy and related infrastructure. Varying degrees of regulation have been sought to respond to compelling public safety needs: more recently, modern environmental law system was derived from public conflicts over siting of an energy plant. While the greater urban density offers reduced per-capita energy consumption rates, contemporary urban revitalization has brought a greater amount of people into closer contact with their energy sources. The unique geography, and increased securities needs, of urban areas demand both reliability and local proximity in energy source production. Urban siting issues will …
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Mark Fenster
How City Hall Causes Sprawl - A Case Study, Michael E Lewyn
How City Hall Causes Sprawl - A Case Study, Michael E Lewyn
Michael E Lewyn
A book review addressing the city of Atlanta's pro-sprawl transportation, zoning and urban renewal policies.
Twenty-First Century Planning And The Constitution, Michael E Lewyn
Twenty-First Century Planning And The Constitution, Michael E Lewyn
Michael E Lewyn
In 2002, The American Planning Association (APA), a nationwide organization of land use planners, published the "Growing Smart Legislative Guidebook", a collection of model laws governing zoning and other land use-related issues. This article evaluates a variety of constitutional issues related to the Guidebook.
Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn
Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn
Michael E Lewyn
This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.
Buffalo Beat Op-Eds, Michael Lewyn
Buffalo Beat Op-Eds, Michael Lewyn
Michael E Lewyn
Assorted op-eds from Buffalo Beat, a Buffalo weekly (1998-2001)