Conference looks at successes and challenges of inclusionary zoning

The successes and challenges of inclusionary zoning in cities and towns across the state was the focus of a May 14 conference hosted by the Massachusetts chapter of the American Planning Association.

Inclusionary zoning ordinances and bylaws are designed to increase the number of affordable housing units in a municipality in a way that complements planned community development. Varying by municipality, inclusionary zoning may be mandatory or voluntary for housing developers, and is triggered by proposals exceeding a set number or percentage of housing units or lots. The ordinance or bylaw sets a percentage of the project that must be affordable, and some allow buyouts in lieu of affordable unit creation.

Affordable housing development is supported by inclusionary zoning and mandated by state law (M.G.L. Ch. 40B), noted Madeline Colety, a planner with Abt Associates and moderator of the “Effective Inclusionary Zoning” panel.

Inclusionary zoning represents a way to build more economically integrated neighborhoods, Colety said. The costs are borne by the private market, although government subsidies are sometimes available as an incentive for the creation of affordable units.

The biggest challenge of inclusionary zoning is its complexity, Colety said. There is no one-size-fits-all model. The development of affordable housing units is responsive to market conditions that are subject to change, and it is important for municipalities to periodically re-evaluate their ordinances and bylaws to ensure their effectiveness.

When inclusionary zoning is not well designed, Colety said, it can increase the cost of housing or delay development. Inclusionary zoning works best as part of a more comprehensive housing strategy.

Another panelist, Groton Town Planner Michelle Collette, noted that Community Preservation Act funds can be key to the success of inclusionary zoning.

In Groton, she said, the most compelling affordable housing need is units for individuals with disabilities. Other affordable housing challenges include creating universal accessibility, the need for more rental units than ownership units, and the need for temporary emergency housing coordinated regionally.

Arlington also sees increasing demand for rental units, according to Housing Director Laura Wiener, who noted that her town has lost affordable units due to the conversion of rental units to condominiums. The quality of parking attached to affordable units has also been a challenge, she said.

Cambridge Housing Planner Linda Prosnitz discussed the city’s inclusionary zoning ordinance, which was enacted when rent control ended in 1995. The ordinance was crafted with clear covenants for each project, creating the same expectations for all developers so that development proposals were not treated on a case-by-case basis.

Several dozen municipalities in Massachusetts have inclusionary zoning, but there is no statutory basis for the practice in state law. A comprehensive land use reform bill before the House Committee on Ways and Means (H. 4065) would create an authorization for inclusionary zoning in state law, but would also mandate the conformity of existing ordinances and bylaws to state standards.

The inclusionary zoning conference, held in Devens, drew approximately 150 local planners and other government officials.