Troy is moving forward, in fits and starts

Despite the dismal state of the comprehensive zoning law, there is a light at the end of the tunnel: the Form Based Code District. Covering  the lower part of Congress Street, from 14^th Street to Fifth Avenue. In this district, Troy has adopted what appears to be a slightly modified section of the Smart Code, available for free at http://www.smartcodecentral.org/. 

Coverage area of FBCD.

This form-based subzone fixes many of the errors of the old zoning code. Instead of the large minimum setbacks and excess parking required by the surrounding R3, this area implements a 30 foot maximum, and has no minimum setback. There is also no parking requirement, a minimum height requirement, and streamlined application process.

However, this code does have several technical problems. Part of the problem with the existing Troy zoning code is that it is extremely unwieldy. Applicants for minor renovations can be required to go to the Zoning Board of Appeals, to explain why they should be allowed to live in a rowhouse, in an area both zoned for the suburbs and entirely composed of rowhouses. A notable example of this is the recent hubbub around the proposed Habitat for Humanity development, which the ZBA judged to be too urban for the neighborhood, which looks and acts like an urban area.

Good form based zoning codes neatly do away with this bureaucracy by giving property owners the legal right to build, within guidelines, without a visit to the zoning board. Of course, the normal permits to certify structural competency are required, but the time spent fiddling with politicians is dramatically reduced. This section of the code does not do that effectively because it requires a District Site Plan review for all uses except "Off-site home occupations." A more efficient zoning code would only require a DSP for non-encouraged uses, such as surface parking and very disruptive business types. A better code would allow a "Dwelling: Multi-unit Rowhouse" to be built or renovated with little or no interruption.

Next week, I will post examples of better form-based codes, such as Miami's and El Paso's code. In the meanwhile, feel free to point out any errors or inaccuracies in my posts - I'm here because I'm trying to learn and change the way things work. If I was smarter, I'd stay out of the whole mess.

As a parting note, examples are great in zoning codes, and whoever wrote the FBCD made a nice little drawing, explicating fenestration requirements.

It's a little crooked, but I really like it!

Why the "Leave it to Beaver" house is in Troy

(Note: This is a sequel to my first entry) It's not that the developer of the house below was particularly aggressive (or regressive). It's that, due to a shoddy zoning code, the entire neighborhood is zoned for houses like that. In particular, it is zoned R3, like rest of the neighborhood in between College Ave and Congress street, but not on the actual blocks. This is a fascinating instance of an attempt at a sane Euclidean zoning law: retail on the arterials, residential abutting it. The philosophical underpinnings are the same as suburban zoning codes, in that it is an attempt at a separation of uses. However, unlike the suburbs, the regulated distance between uses is measured in feet, instead of miles.

The intensely anti-urban requirements of Zone R3:


Lot characteristics:
(1) Minimum lot area:
     (a) Single-family detached: 5,000 square feet.
     (b) Two-family: 2,500 square feet per unit.
     (c) Other residential: 2,500 square feet per unit.
(2) Minimum lot width at front building line:
     (a) Single-family detached, two-family: 40 feet.
     (b) Other residential: 15 feet per unit with a minimum lot width at the front building line of 60 feet.
(3) Minimum setbacks:
     (a) Front: 15 feet.
     (b) Rear: 20 feet.
     (c) Sides: 10 feet total.
(4) Maximum lot coverage: 50%.

(5) Maximum density:
     (a) Single-family detached: 10.5 units per acre.
     (b) Other residential types: 21.5 units per acre.
E. Maximum building height: 35 feet.
F. Off-street parking:
(1) Single-family detached: two spaces per unit.
(2) Other residential types:
    (a) New construction: two spaces per unit.
    (b) Rehabilitation: one space per existing unit.
(3) Home occupation: two spaces.
(4) Other uses: See parking schedule, § 285-91.

From page 43 to page 45 in the Troy Zoning code, available at the Troy Planning website

Ironically, the stated intent of R3 is outlined in § 285-54 (a):

Philosophy: This District allows for the transition from lower-density, large-lot one- and two-family residences to medium-density, multifamily residences of various types. The intent
of these regulations is to provide for the orderly development of new low-rise apartment units and townhouses while maintaining the integrity of existing, stable neighborhoods. Additionally, limited professional and existing home occupation uses will be permitted within the scale of existing immediately adjacent neighborhoods.

The quality and quantity of the logical disconnect between a desire for an area of townhouses and apartment homes and the law is ridiculous. A 5,000 square foot lot with a 15 foot setback is a 1950's style single family house, not a brownstone. The enormous frontage requirements allow for plenty of on street parking: the 60 foot frontage minimum allows for at least 3 parking spots using standard on-street widths. That means that the minimum parking requirement for a single family home is 5 spaces.


Next week, I'll talk about the good news in Troy zoning.