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!