Ongoing zoning controversies with mosques in New Jersey

Two recent zoning cases involving proposed mosques in New Jersey have garnered attention. A quick overview of each.

First, a newly filed federal lawsuit in Bayonne, New Jersey:

The mosque is proposed for an old warehouse at the end of a dead-end street on the city’s east side. The structure, built as a factory, previously housed a chapter of the Hired Guns Motorcycle Club, “made up of sworn law enforcement officers,” according to its website

To build the mosque into the existing space, Bayonne Muslims — the nonprofit organization that owns the space — went to the city in August 2015 to request zoning exemptions. It asked for requirements that a buffer between the existing building and adjacent properties be waived, and that it be able to provide less parking than required.
Ultimately, after three tumultuous public hearings, the proposal failed to gain approval at a March 6 meeting. The vote was 4-3 in favor of the project, but a supermajority — greater than the four votes in favor — was required under state law…
During the public hearings, some opponents expressed concern over the traffic and noise a mosque might bring to their dead-end street. Others cited verses from the Koran they asserted supported violence against non-Muslims.

A New Jersey town will pay an Islamic group $3.25 million to settle a lawsuit over its denial of a permit to build a mosque, the Department of Justice announced Tuesday…

The Islamic Society of Basking Ridge sued Bernards Township, an upscale town in central New Jersey, last year, claiming it changed its zoning ordinances in order to deny the group’s plans. The Justice Department also sued the town last year, alleging it treated the group differently than other religious groups…

Central among those was parking: Township planners had concluded that because Friday afternoon was considered peak worship time, congregants would most likely be arriving straight from work and would each need a parking space.

But a federal judge disagreed, and wrote in a ruling Dec. 31 that the town hadn’t conducted similar assessments of worship habits when churches or synagogues had made applications.

The Justice Department lawsuit also alleged the town changed its zoning laws to require houses of worship in residential districts to be at least 6 acres — larger than the lot the Islamic Society had purchased in 2011.

There are multiple issues at play in these cases:
1. Do municipalities apply the same standards to all religious groups? If not, why do particular groups receive more attention? (The two cases above involve Muslim groups. Do orthodox Jewish groups also receive a lot of attention?)
2. Is it legitimate to deny religious land uses for issues like traffic and parking (common complaints in suburban settings regarding many proposed land use changes)? In other words, are these typical NIMBY complaints or is there something unique about religious buildings?
3. Why are a number of these cases popping up in New Jersey? The state has a long history with exclusionary zoning issues – see the Mt. Laurel doctrine which developed out of a lawsuit. Additionally, it is home to a number of white suburbanites living in suburbs that they would like to preserve or protect.
4. Is the only path to resolution a federal lawsuit? Once such cases reach the level of a federal lawsuit, I would argue the communities have already lost. This is not just because RLUIPA cases tend to be settled in favor of the religious groups. I also imagine such lawsuits can bring negative attention to a community; do they really want to be known as the suburb that refused a certain group to worship there?
(These are not issues isolated to New Jersey. Perhaps there are similar conditions in the Chicago area suburbs. See earlier posts about mosque controversies in the Chicago region including here, here, and here.)

The difficulty of building suburban housing for the homeless

A groundbreaking for a new facility providing housing for the homeless recently took place in LaGrange but it wasn’t an easy path:

The three-story brick building will house 20 individuals in single apartments on the second and third floors and have administrative offices and the day program that will provide counseling, job training and referrals for services on the first floor…

In 2015, La Grange residents sought to block the sale of property, then owned by Private Bank in Chicago, to BEDS Plus. The suit contended that a corporation, McGee Family Holdings, with a La Grange resident listed as manager, owned portions of the parcel on which the facility will be built…

At the same time as the lawsuit was being handled, Patrick Johnson, an assistant in the U.S. Attorney’s Office, conducted an investigation into whether the efforts to block the project were a violation of the Fair Housing Act that protects the rights of individuals with disabilities….

La Grange Village President Tom Livingston said he believes the facility is a great thing for the community. At the same time, he said the village will keep an eye out to be sure it doesn’t present any of the problems, such as safety concerns, that opponents had voiced.

Even when plans are presented by local community groups – such as religious congregations or non-profit organizations – suburban residents are often wary of group homes or facilities near residences. But, of course, if such facilities can’t be built near any residence, where in suburban communities can they be located? Industrial parks?

I hope few suburbanites would say that they don’t care at all about what happens to homeless people but it is another thing altogether to ask people to live near homeless people. This reminds me of the Bogardus social distance scale; it is one thing to express concern or interest about a group of people in the abstract or at a great distance but something very difficult if they live nearby. Take race relations in the United States as an example. Attitude questions on the General Social Survey since the 1970s suggest white Americans are more positive regarding African Americans. Yet, these improved attitudes don’t necessarily translate into less residential segregation.

Zoning trade-off: privacy vs. adverse effects

The conclusion of Sonia Hirt’s book Zoned in the USA sums up the advantages and disadvantages of a zoning system that privileges the single-family home:

Arguably, zoning – the kind of zoning that makes explicitly private space the formative compositional element of America’s settlements – does deliver the gift of privacy to American families. But put all the other arguments mentioned in the previous paragraphs together, and one begins to wonder whether the original promises of zoning were either highly suspect from the beginning or have since been turned on their heads. Paradoxically (from the viewpoint of zoning’s founders), we may not have more pollution and worse public health with our current zoning that we would have if we had modified our land-use laws more substantially over the last hundred years.

As Hirt discusses, residents can have their own private homes – the largest new single-family homes in the world – but that comes at a cost of traffic and commuting, worse pollution and using more land, and worse health as well as some unrealized dreams of zoning including reduced crime. Some would argue that the privacy is overrated as well: compared to many other countries, Americans have given up on public life.

While it is easier to imagine mixed uses in dense urban neighborhoods – imagine Jane Jacobs’ vision of a bustling mixed use New York neighborhood – it is harder to imagine mixed use or zoning throughout the vast expanses of American suburbs. Even New Urbanists have tended to design neighborhoods or shopping centers dropped into suburban settings rather than the whole fabric of suburban communities. From the beginning of American suburbs, there was the idea that the urban dweller was escaping to a cottage in nature. The home out there offered refuge from people, dirt, and bustle. Today, this legacy lives on when suburban residents oppose certain land uses near their homes for fear of a lower quality of life and subsequently reduced property values.

Ultimately, would the American suburbs even exist without the fundamental desire for privacy?

A zoning paradox: sacred residential spaces are dependent on their market values

The last page of Sonia Hirt’s book Zoned in the USA lays out a key paradox in the American zoning system:

Isn’t it ironic that American residential space is so sacredly residential (so protected from intrusion through land-use law, that is) only because it is so commercial (because it is an object of trade rather than an object of our sentiments)?

Perhaps this another piece of evidence that single-family homes are one of the biggest objects of American consumption as well as key pieces in the American economic system.

Small house movement spreads in ADUs

One way to encourage smaller homes and affordable housing is to allow Accessory Dwelling Units:

The cottage, which won a top design award last year from the American Institute of Architects, is technically called an “accessory dwelling unit,” or A.D.U. Portland has been ahead of the curve in allowing these smaller housing units, which are illegal in many cities and towns under current zoning rules…

In 2010, during the economic slump, when many building plans were being shelved, Portland presciently began to allow homeowners the right to develop accessory dwelling units on standard 5,000-square-foot residential lots for the first time. The city also eliminated development charges of up to $15,000 for new accessory dwelling units to spur homeowners to build.

More incentives followed: Homeowners could build and even rent out a unit that did not have off-street parking; any design not visible from the street could be built without input from neighbors; and new height limits — raised to 20 feet from 18 feet — encouraged two-story units, like Ms. Wilson’s…

Not surprisingly, the concentration of accessory dwelling units has been in central, higher-income areas close to amenities like transit and shops. “Part of this could be due to the fact that people with large amounts of equity can more easily secure financing,” Mr. Wood said. “The City of Portland and Portland State University will be working on a project to encourage and facilitate A.D.U. development in more diverse neighborhoods.”

It may be helpful to compare the ADUs to other alternatives for affordable, small housing.

  1. Would residents and communities prefer tiny houses on their own lots or in communities of tiny houses? The first could be expensive due to the cost of land, defeating the purpose of the smaller housing which is supposed to be cheaper. The second could be too much of a change for some places. ADUs make use of existing lots and aren’t necessarily grouped together.
  2. Would residents and communities prefer larger apartment buildings? On the plus side, you can build more units up and everyone knows that this is an apartment structure (with its higher densities and other unique features). On the negative side, apartment buildings can alter the character of a neighborhood, may require parking, and people often have stereotypes about who lives in apartments. The ADUs hide the higher densities better than apartments – back behind the main housing unit – but don’t provide as many units.

Given the resistance of many municipalities to denser housing, I imagine ADUs could be attractive as they don’t require the density or size of some alternatives. Additionally they can use existing land and generate income for local residents. Even given all that, I think it would take a lot for many cities to adopt this. There is a large need for affordable housing throughout the United States and many communities don’t seem to be moved to do anything; I’m not sure ADUs are attractive enough to tilt the scales.


The Chicago of today influenced by 1920s zoning decisions

A new study suggests the beginning of zoning in Chicago had long-lasting effects:

Walsh and two other urban economists investigated zoning’s long-term effects in Chicago, using 1920s parcel-level data on land use and market values prior to, and immediately after, the adoption of the city’s first comprehensive zoning ordinance in 1923. They compared these early quilts of land use to that of the present day (or, at least, to the most recent complete dataset available, which came from 2005).

Contrary to what many economists may believe, they first found that zoning did not merely ratify existing land uses. Lot by lot, they found significant variation between the activities that predated zoning and those that came after, especially as years went by. For example, some factories and shopping areas that didn’t conform to the 1923 code were allowed to stay in their respective locations, thanks to a “grandfather” clause. But over time, the vast majority of them disappeared. The powerful force of zoning can be seen on a citywide scale, too: Whereas 82 percent of Chicago’s developed blocks had some form of commerce happening in 1922, that share had dropped by about half by 2005, researchers found.

In other words, the way Chicago looks in the 21st century tracks much more closely with the desires of its planners in 1923 than it does with the city that preceded zoning. This fact has had a huge effect on economic patterns, too. For example, the researchers found that exclusive residential zoning had a significant impact on home prices, driving up values in neighborhoods cordoned off for single-family homes. On a citywide level, they used a regression analysis to find that the zoning code of 1923 had bigger role in shaping economic patterns—i.e., where commercial and industrial activity is going on today—than either pre-existing transportation networks or geography, two factors you might think would best explain why there’s a factory by the old railroad tracks, or a shopping district near downtown…

Although the present paper didn’t explicitly analyze how Chicago’s old zoning codes have influenced racial segregation, a companion paper published in Julyby the same researchers found that the laws drawn up in 1923 were discriminatory: Areas with more black residents were zoned for higher-density housing, and “neighborhoods with larger populations of blacks or recent immigrants were zoned disproportionately for manufacturing.” Chicago consistently ranks as among the most segregated cities in the U.S., and its present-day economic divisions track closely with race (as well as with municipally recognized community boundaries). It wouldn’t be surprising to learn that zoning laws (much like housing policy) dating back a century are in some ways responsible. That’s a theory that needs investigation, Walsh says.

Zoning decisions are political ones. The suggestion here is that if the decisions are good ones, they can have positive effects for decades. The converse – particularly when used to limit options for particular groups – is also true.

The last paragraph of the article hints at recent suggestions regarding significant changes to urban zoning. It would be interesting to see what average Americans think of such ideas: would they trade predictability for flexibility? Continue with the example of Chicago: would more flexible zoning allow for the construction of more affordable housing or would it mean that more land would be converted to non-residential uses, limiting housing options? New Urbanists have touted mixed-use zoning for a long time but their vision of this is often limited to particular kinds of businesses or offices as well as nicer housing (even if it includes different price ranges).

The common uniformity of prison and suburban design

In A Burglar’s Guide to the City, a reformed bank robber describes a realization he had while walking through the suburbs of southern California:

For Loya, linguist George Lakoff’s book Metaphors We Live By took an unexpected spatial resonance, revealing ways in which the built environment could be read or understood as a series of metaphors or signs. He said that after being released from prison, he spent a lot of time taking long walks around the suburban landscape of Southern California. He began noticing that every twenty-five feet, he would hit a driveway; he’d then walk eight feet across the driveway before hitting another stretch of grass; then another twenty-five feet to the next driveway, and so on, seemingly forever, “and the uniformity of that totally echoed the uniformity of the prison environment,” he said to me, “where I had my cell and my seven feet of wall and then a door. And I remember thinking, ‘Oh my God, man.'” He laughed at the utter despair of it all, having gone from one system of containment to another. How would you get away or escape from this?

This is a common image of suburbs: prisons of conformity and tedium, laid out every twenty-five feet by developers to maximize profits while misguided Americans snap up the properties thinking they have found the American Dream. Yet, sameness in lot size doesn’t necessarily mean sameness in lives. These regular spacing could be a very good sign of a tract neighborhood but even then, the homes – like those in Levittown over the decades – could be altered as various owners put their own mark on the dwellings. Or, the neighborhood could be quite diverse, particularly in older suburbs.

Additionally, prisons are built with very different purposes in mind compared to suburbs. Developers and local officials are not scheming to control people in these homes (except maybe through a capitalistic system that keeps them focused on their own properties and blinded from larger issues). In contrast, prisons are all about surveillance – just think of Bentham’s Panopticon.