Showing posts with label Sonia Hirt. Show all posts
Showing posts with label Sonia Hirt. Show all posts

Saturday, February 27, 2016

American Zoning as an Expression of Nativism

It's possible to advance many explanations for the rise of zoning in the United States in the 1920s: classism, resurgent racism, reaction to rising vehicular traffic, the failure of restrictive covenants and many more.  While all of these reasons, among others, have some explanatory power, for me they fail to adequately account for the unique and distinguishing features of American zoning as described by author Sonia Hirt, namely, the establishment of exclusively residential zones as well as the creation of single-family detached zones.

A possible alternative explanation is that these specific features were motivated by and in reaction to many of the same conditions that gave rise to the immigration restriction movement which came to prominence at nearly the exact same time.  For example, the village of Euclid's zoning ordinance, which led to the Supreme Court case of the same name, was adopted in November 1922, slightly more than a year after the Emergency Quota Act of 1921 was enacted.  Restrictionist currents were running very strongly throughout the nation at the very time that cities busied themselves passing zoning laws.

Now, one fact that may surprise is that immigrants at the turn of the century actually had higher homeownership rates than the native population.  This chart, compiled by economist Richard Sutch in a recent paper, depicts homeownership by city size in 1900 among the native-born and foreign-born, showing that the foreign-born had substantially higher homeownership in virtually all cities and city sizes apart from New York (the entry point for many immigrants), where the difference was nonetheless small:

How, or why, did the foreign-born achieve relatively high rates of ownership? Sutch speculates that immigrants valued property ownership due to "the importance of acquiring a life-cycle stock of wealth because of an inability to rely upon distant family members, the larger community, or co-ethnic neighbors for protection in old age."  Contrarily, in From Cottage to Bungalow, Joseph Bigott writes about ethnic savings and loan entities in turn-of-the-century Chicago and how these offered greater financial flexibility, in some sense, to new immigrants.

What seems to be generally agreed on is that immigrants, more so than natives, embraced small multifamily dwellings and home commercial uses, whether as simple as a chicken coop in the backyard or as elaborate as an entire storefront added onto a single-family home.  Jacob Wegmann, writing in What Happened to the Three Decker, quotes a developer as noting that the small multifamily dwelling provides "a way for working class folks with no established assets to obtain an owner-occupied residence." Additionally, he writes:
"[I]mmigrant families, many of them already the owners of small businesses, were likelier to be undaunted by the extra risks and work posed by being small landlords, such as the need to build up cash reserves to cover loan payments in the event of vacancy of the rental apartment. Additionally, partially due to Chicago’s characteristic clustering by nationality, many immigrant families have an extensive network of acquaintances from the same ethnic group to draw upon as a pool of potential tenants, and for whom credit and character checks can be undertaken in a verbal, informal manner via social contacts."
The small business and the multifamily dwelling were, in that sense, the gateway to prosperity for many immigrants, as well as a gateway to homeownership, around 1900 and continuing even today.  Given that reality, I think the observer of history should find it very odd how central a position American zoning gave to the exclusion of commercial uses from residential areas and the banning of multifamily uses from large areas of entire cities, particularly when other countries not so well-known for their elevation of so-called property rights embraced neighborhood commercial as a desirable and positive social good. 

Small SF and multifamily housing with added restaurant/retail, Port Chester, NY.
I do not know what the position of Edward Murray Bassett, the father of American zoning, was on immigration.  His autobiography is virtually impossible to obtain.  His writings available online do not directly mention it.  I would perhaps give him the benefit of the doubt.  The motives of many of his contemporaries, however, are not in doubt, as Seymour Toll wrote in 1969 in Zoned American:  
"The [laundry] controls were an expression of the hatred and antipathy which San Franciscans were directing against the Chinese, trying to force them to quit the city. The immigrant is in the fiber of zoning.  He first appeared as an Oriental.  In early twentieth-century New York he is seen as a southeastern European, the lower East Side garment worker who presence in midtown Manhattan created one of the decisive moments in the history of zoning."
None of this is terribly new or controversial.  A connection that hasn't been made as clearly is how single-family zoning and the total exclusion of commercial uses were specifically targeted at the immigrant businesses and housing options described above.  A newly-arrived immigrant (and most people in general) did not have the capital to construct an entire "mixed use" building.  After some time, though, he might be able to add a very small commercial addition onto an existing building, as shown in the photo above, or convert the first floor into a storefront.  Zoning would forbid this development in two ways: first, by instituting setbacks, and secondly by eliminating commercial uses altogether.  Even native residents needed commercial uses in close proximity, but these were to be relegated to special corridors where competition would be greater and immigrants would have more difficulty gaining a toehold.  

With respect to residential buildings, the banning of small multifamily buildings from much of the city foreclosed the route to homeownership previously mentioned.  A century after New York's zoning code was adopted, the numbers have flipped, and the native born are much more likely to be homeowners than the foreign born (67% to 52%, according to the Census).  The financial benefits of homeownership, moreover, have been concentrated in the hands of the upper middle class, the original backers of zoning.

It is only antipathy to immigrant populations that I think can explain these dual features of almost all American zoning codes, and their absence from the codes of most other countries.  The apparent trauma of early 20th century immigration led Americans, or at least a vocal portion of them, to shred their traditional respect for individual property rights and institute special zones which reflected native middle-class values and conceptions of proper living conditions.  The loss of neighborhood shops, or affordable rentals, were unfortunate but necessary casualties of this process.  Elsewhere in the world, the process of commercial conversion can still be watched unfolding, as below in Mexico.

Shopfront in setback, contemporary Guadalajara suburbs, Mexico.
I am not certain, though, that the alliance against shops and multifamily dwellings was ever as unified as it was made out to be.  Then, as now, the loudest and shrillest voices probably carried the day.  Many natives would have liked to have run businesses out of their homes as well, although the importance of multifamily housing a means to ownership waned with the arrival of new forms of mortgage finance in the 1920s and especially 1930s.  

While times have changed, the rolling back the restrictive laws of the 1920s would pay dividends even today.  

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Saturday, January 24, 2015

Sonia Hirt on the Origins of American Zoning

I've written about Professor Sonia Hirt's work previously, so I was glad to find out several months ago that she had a forthcoming book, Zoned in the USA: The Origins and Implications of American Land-Use Regulation, which would address in detail some of her (and my) major research interests.  Hirt, who received her architectural training in Sofia, Bulgaria before earning a PhD in planning at the University of Michigan, has set out to answer the question which has plagued her since shortly after her arrival in the United States in the early 1990s, when she first encountered an American zoning code:

"How could Americans, whose reputation for being independent and freedom-loving and respecting private property was worldwide put up with such tedious laws governing the building of their everyday environments and way of life?"

The question has been examined before, though perhaps not as directly, and Hirt's citations include many prior books and studies that I have also discussed on the blog, including Robert Fishman's Bourgeois Utopias, Jonathan Levine's Zoned Out, Robert Fogelson's Bourgeois Nightmares, Kenneth Jackson's Crabgrass Frontier, Robert Fischel's papers on zoning and many others.  Even Spiro Kostof and Besim Hakim (who has a new tome of his own focusing on Mediterranean urbanism) receive prominent mentions as Hirt surveys some 4,000 years of land-use regulation reaching back to Hammurabi.  Apart from addressing the question above, another of Hirt's major contributions with the book is to provide a broad-scope land-use comparison between American land-use laws and the laws of several other developed countries, including France, Germany, Great Britain, Russia, Sweden, Japan and Canada.

One of Hirt's conclusions, that the United States is the only developed country of those surveyed, apart from Canada, to widely employ single-family detached residential zones that bar all commercial and multifamily uses, was anticipated by her previous work.  An equally important finding, in my opinion, is that the United States is the only country of those surveyed that does not conduct land use at the national or state level.  Although the federal government and certain states have dabbled in land-use law with housing anti-discrimination policies and anti-snob zoning statutes, and a few (such as Oregon) have delved more deeply into regional planning, there is no national land-use law (despite the federal government owning 650 million acres of land) nor does any state prescribe zoning categories that municipalities must follow.  Hirt also surveys a wide range of US zoning ordinances and finds little evidence that, despite the zoning reforms of the past 20 years, including the emergence of form-based codes, there has been any revolution in American zoning practice either in substance or procedure.

How this exceptionally American land-use system came into being during the late 1800s and through to the 1930s is the primary focus of Hirt's book.  In chronicling this period, many apparent paradoxes present themselves: for instance, although the United States of the late 19th century prided itself on being the most democratic nation in the world, its citizens had a low level of trust in their elected municipal officials.  The progressive municipal reformers of the time might therefore have campaigned for planning to be guided by state or federal governments, but instead pushed for non-discretionary municipal-level zoning.  As Hirt observes, zoning reformers such as Lawrence Veiller argued that "zoning rules should vary as little as possible in districts that were as large as possible and that zoning relief should be granted only under a very limited set of circumstances, if at all."

But if the planning powers were delegated from state to city, and the city was to have little power to alter the apparently infallible choices of the initial zoning commissions, who was left to actually engage in city planning?  No one, as it turns out.  Planning commissioners were seemingly intended to be little more than curators of the city zoning map, and Hirt finds, as I have also noted, that zoning maps have changed relatively little in their basic allocation of space since the 1920s.  As I've written about before, the actual policy that zoning was intended to serve was almost an afterthought, and was primarily concerned with protecting the investments of wealthy homeowners.  By default, and perhaps unintentionally, city planning (to the extent it existed at all) was turned over to the emerging highway engineering profession.

American zoning policy, in sum, was a negative and reactive vision -- through its implementation, it viewed cities as incapable of honest and effective self-government, and by its actual regulations, it viewed urbanization as a threat to not only investments but to civic spirit and even the American way of life itself. As Hirt writes, "[t]he single-family home had the right to the city: it was always seen as being there first. It was the gracious host, the delicate victim, and the original citizen that was always haunted, followed, invaded, and taken advantage of by other housing types." In this sense, Hirt's book echoes the conclusions of Steven Conn's recent Americans Against the City: Anti-Urbanism in the Twentieth Century.

Has the American zoning system secured the benefits promised by its proponents?  Hirt crunches the numbers and finds that the United States is distinct among Western nations neither in its rate of ownership nor its proportion of single-family homes (see below chart).  Australia beats the US at its own game, having a higher levels of both detached and attached single-family homes with higher homeownership, despite even higher rates of urbanization.  Hungary, with almost identical proportions of attached and detached single-family housing, has much higher homeownership.   Interestingly, the chart shows no correlation whatsoever between proportion of single-family homes and the rate of ownership.  The emergence of the condominium form of ownership, unanticipated by the zoning proponents of the 1920s, appears to have severed the link between detached homes and the homeownership rate.

Source: Hirt (2014) and Japan Statistical Yearbook 2013.
The American achievement appears to be the high proportion of detached single-family homes, which on this chart is behind only Australia, Croatia and Hungary, as well as the size of those homes.  Hirt cites evidence from Fischel's work that, to me, shows that American focus on legal protections for the detached home form may have actually impeded growth in the homeownership rate by establishing excessively large minimum lot sizes.  In Japan, by contrast, families are able to purchase slivers of urban land, which enables robust single-family homeownership levels in an intensely urbanized country.  The same is true in Mexico, where homeownership, overwhelmingly of attached homes, is around 80%.

It appears that, in the United States, despite rhetoric to the contrary, the exclusionary principle and the notion of ownership as investment are (or have become) the primary concerns of local planning and of national housing policy and finance rather than promoting homeownership.  Those policies, though, are beyond the scope of Hirt's book and this post as well.

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