It seems the Connecticut Supreme Court ruled recently that local City Inspectors do not
have the right to inspect a property to determine Zoning Violations.
How might this apply to Honolulu? We already seem to have difficulty enforcing restrictions on B&B's.
How might this apply to Honolulu? We already seem to have difficulty enforcing restrictions on B&B's.
Zoning Violations that involve how a property
is used are especially tricky for the gov't to enforce because it is not what
is built but who occupies it and/or when. But if it's so difficult to actually
enforce, then why have them at all? Why is so much of the value of land based
assets tied to something so intangible?
Compared to
Structure Violations, where a structure is perhaps physically built in the
wrong place, or built incorrectly, the defects are for the most part, easily
visible and quantifiable. But when it comes to legislating human behavior, it
seems the Zoning Code has a long way to go. Interestingly, there is a
Zoning Code called the Form Based Code that seems to address this. In other
words, instead of legislating the who and the when, Form Based Code instead focuses on the what and where.
For example, specifying maximum frontage or
minimum front setbacks, the Code hopes to achieve a certain quality of street
frontage, setting the mood of a neighborhood via regulating building massing.
This is quite a different approach than say, regulating what kinds of uses can
occur on each property or limit the hours of operation. In a way, Form-Based
Codes appeal to the side of me that thinks people don't want to be told what to
do, much less on their own land. But overall, as to the health and future
growth potential of a city, i wonder which approach is more effective?
BELOW: Samples of Form-Based Codes regulating effect on bldg frontages and massing.
BELOW: Samples of Form-Based Codes regulating effect on bldg frontages and massing.
http://bettercities.net/images/9653/form-based-code-frontages |
http://www.tcrpc.org/departments/studio/model_code_becker_road/model_code_becker_road.htm |