Sample Scenarios for "Making the Case for YIMBY in Your Town"
Scenario #1: Proposal to Eliminate Single-Family Only Zoning
The Problem That Needs to Be Addressed:
More than 40% of households in the municipality are paying more than 30% of their incomes on housing. Of those, 85% have incomes under $50,000, and 50% of those are paying more than half of their incomes on housing. At the same time, affordable rental units are very scarce, and they are not even allowed in most of the community’s neighborhoods.
Example: A couple with 2 kids and an income of $55,000 a year, with no car, wants to live near a train station, near multiple schools, and near a grocery store. They could only find one a tiny 1-bedroom apartment they could afford. They are now deciding whether to move to a different town.
Relevant Zoning Code:
Proposed Change to Zoning Code:
In R1 districts, multi-family buildings with up to 4 units will be allowed on the largest lot sizes with smaller but still substantial setback requirements and height restrictions that will allow up to 2 stories. No parking spaces will be required.
Scenario #2: Proposal to Eliminate the “3-Unrelated Rule”
The Problem That Needs to Be Addressed:
Your community has a large university in it. Conflicts regularly arise between students who live in houses near the university that have been converted into apartments and the single-family home owners who also live near the university. The municipality has an ordinance that prevents more than 3 unrelated people from living in one unit, which was put in place to prevent large numbers of students from living together. Although “party houses” are still common in apartment buildings that used to be houses, and conflicts still continue, some residents feel the ordinance is preventing the situation from getting worse. On the other side, the ordinance prevents people (students and non-students) from sharing housing in order to make it more affordable. In particular, it impacts many people of color who have recently moved to the area and are trying to economize while they get on their feet.
Example: A family who moved to the area 10 years ago owns a small house. The father’s sister and two of her friends who worked with her in another state want to move to your community. They would like to share the extra bedroom in the house while they save money to buy a house or pay the security deposit for an apartment to share. This would be illegal, so the homeowner is debating whether to risk breaking the law or telling his sister she cannot stay with him, even though he very much wants her to come.
Relevant Zoning Code:
Proposed Change to Zoning Code:
Limitations on how many people can live in a given unit would be based on the size of the unit and the number of sleeping areas. Definitions to and references to “family” would be removed from the zoning code.
Scenario #3: Request for a Variance to Allow Less Parking Than Required by Zoning in a New Affordable Development
The Problem That Needs to Be Addressed:
The zoning code requires at least 1.5 parking spaces per unit for any new multi-family developments. This often means that the size of a development needs to be reduced to make way for the parking spots. At the same time, many of the municipal garages are only half full.
Example: A church has a parking lot that is never filled, even on Sundays. They would like to build a 3-story apartment building (2 units on each floor) on the lot and rent it to community members who cannot afford market rate rents. They are not asking for contributions to the project from the municipality; however, they have applied for a variance that would allow them to only provide one parking space, because there isn’t enough space for both the building and additional parking. Street parking is tight but does exist, and the church is near a bus line. Additionally, the project needs at least 6 units to make it financially feasible. If the church is not granted their variance, they aren’t going to move forward with building.
Relevant Zoning Code:
Zoning Variance Requested:
The church is asking to be allowed to build 6 affordable units with only 1 parking space, in variance from the requirements of the zoning code.
Assignment for Each Table:
Each table will receive a scenario and will be asked to do the following:
Role 1: Advocates in Support of the Requested Variance
You support this change. Determine together what arguments to make to support the change being proposed, including who it will impact positively, and how. Also consider what you think the opposition will think and how to refute their arguments.
Role 2: Advocates Against the Requested Variance
You do NOT support this change. Determine together your arguments for why this change will be detrimental, including who it will impact negatively, and how. Also consider what you think the proponents of the proposal will think and how to refute their arguments.
Role 3: Land Use Commissioners
You are a Land Use Commissioner—a volunteer who sits on the commission, studies zoning issues that the City Council or Village Board will need to decide on, and makes recommendations to them. You have received documentation from municipal staff that outlines the proposal in detail. Assume for purposes of this exercises, that the proposal is professional, clear, and that you understand the technical details.
You will do the following during this exercise:
The Problem That Needs to Be Addressed:
More than 40% of households in the municipality are paying more than 30% of their incomes on housing. Of those, 85% have incomes under $50,000, and 50% of those are paying more than half of their incomes on housing. At the same time, affordable rental units are very scarce, and they are not even allowed in most of the community’s neighborhoods.
Example: A couple with 2 kids and an income of $55,000 a year, with no car, wants to live near a train station, near multiple schools, and near a grocery store. They could only find one a tiny 1-bedroom apartment they could afford. They are now deciding whether to move to a different town.
Relevant Zoning Code:
- About 70% of land is zoned as R1, single-family only zoning.
- R1 requires large lot sizes and large setbacks to provide for lots of green space around houses.
- No multi-unit buildings are allowed, and no businesses are allowed in R1.
Proposed Change to Zoning Code:
In R1 districts, multi-family buildings with up to 4 units will be allowed on the largest lot sizes with smaller but still substantial setback requirements and height restrictions that will allow up to 2 stories. No parking spaces will be required.
Scenario #2: Proposal to Eliminate the “3-Unrelated Rule”
The Problem That Needs to Be Addressed:
Your community has a large university in it. Conflicts regularly arise between students who live in houses near the university that have been converted into apartments and the single-family home owners who also live near the university. The municipality has an ordinance that prevents more than 3 unrelated people from living in one unit, which was put in place to prevent large numbers of students from living together. Although “party houses” are still common in apartment buildings that used to be houses, and conflicts still continue, some residents feel the ordinance is preventing the situation from getting worse. On the other side, the ordinance prevents people (students and non-students) from sharing housing in order to make it more affordable. In particular, it impacts many people of color who have recently moved to the area and are trying to economize while they get on their feet.
Example: A family who moved to the area 10 years ago owns a small house. The father’s sister and two of her friends who worked with her in another state want to move to your community. They would like to share the extra bedroom in the house while they save money to buy a house or pay the security deposit for an apartment to share. This would be illegal, so the homeowner is debating whether to risk breaking the law or telling his sister she cannot stay with him, even though he very much wants her to come.
Relevant Zoning Code:
- No more than 3 unrelated people can live in one unit.
- The code has a definition of “family members” that are counted as being related, as well as definitions of other allowable relationships.
- Landlords for students, in particular, often do not obey the ordinance and rent to more than 3 students for a given unit. They sometimes use threats of having to kick someone out if there may be a chance the City needs to get involved in issues related to building maintenance.
Proposed Change to Zoning Code:
Limitations on how many people can live in a given unit would be based on the size of the unit and the number of sleeping areas. Definitions to and references to “family” would be removed from the zoning code.
Scenario #3: Request for a Variance to Allow Less Parking Than Required by Zoning in a New Affordable Development
The Problem That Needs to Be Addressed:
The zoning code requires at least 1.5 parking spaces per unit for any new multi-family developments. This often means that the size of a development needs to be reduced to make way for the parking spots. At the same time, many of the municipal garages are only half full.
Example: A church has a parking lot that is never filled, even on Sundays. They would like to build a 3-story apartment building (2 units on each floor) on the lot and rent it to community members who cannot afford market rate rents. They are not asking for contributions to the project from the municipality; however, they have applied for a variance that would allow them to only provide one parking space, because there isn’t enough space for both the building and additional parking. Street parking is tight but does exist, and the church is near a bus line. Additionally, the project needs at least 6 units to make it financially feasible. If the church is not granted their variance, they aren’t going to move forward with building.
Relevant Zoning Code:
- Requirement of 1.5 parking spaces per unit in new multi-family developments.
Zoning Variance Requested:
The church is asking to be allowed to build 6 affordable units with only 1 parking space, in variance from the requirements of the zoning code.
Assignment for Each Table:
Each table will receive a scenario and will be asked to do the following:
- Assign each of the roles below to at least one person.
- Take 8 minutes to meet with your counterparts (“Pro Advocates,” “Against Advocates,” “Commissioners”) to plan your strategy.
- Take 8 minutes to meet as one group, where proponents will have 4 minutes to make their cases for the proposal to the Commissioners, and opponents will have 4 minutes to make their cases against.
- Take 5 minutes for Commissioners to work together, without input from the advocates, but with advocates listening, to discuss the pros and cons of the proposal and which arguments were convincing.
- The groups will then come back together as one, and the Commissioners will each vote, one at a time, and explain why they made the decision they did.
Role 1: Advocates in Support of the Requested Variance
You support this change. Determine together what arguments to make to support the change being proposed, including who it will impact positively, and how. Also consider what you think the opposition will think and how to refute their arguments.
Role 2: Advocates Against the Requested Variance
You do NOT support this change. Determine together your arguments for why this change will be detrimental, including who it will impact negatively, and how. Also consider what you think the proponents of the proposal will think and how to refute their arguments.
Role 3: Land Use Commissioners
You are a Land Use Commissioner—a volunteer who sits on the commission, studies zoning issues that the City Council or Village Board will need to decide on, and makes recommendations to them. You have received documentation from municipal staff that outlines the proposal in detail. Assume for purposes of this exercises, that the proposal is professional, clear, and that you understand the technical details.
You will do the following during this exercise:
- While the advocates are formulating their arguments, commissioners can strategize together on what criteria they will use to make a decision and what the trade-offs are, and they can discuss their own concerns and/or arguments for and against the proposal.
- Commissioners will then hear the advocates’ arguments.
- Commissioners will then have 5 minutes to talk together to compare notes and formulate the reasoning behind how they want to vote.
- Back together in a large group, Commissioners will be asked one at a time how they are voting and to explain the reasoning behind their votes.
