“Don’t compare me to the Almighty, compare me to the alternative.”
This is one of President Biden’s favorite quotes, and it hits a core political truth: no candidate or policy proposal is perfect. This idea also applies to by-right zoning land development. It applies just as well to land use as it does to electoral campaigns. Voters often have a laundry list of complaints about a project. However, they don’t always consider what could be built instead if they vote it down.
Many times, that imperfect project still improves the status quo. Developers must communicate that reality.
Understanding By-Right Zoning in Land Development
The key to achieving this is through the concept of “by-right” zoning, which represents what can freely be built on a parcel — no need for a zoning change or variance. In many cases, the by-right use case is less preferable to both communities and developers, but if stymied at City Hall, the developer would rather build something than nothing. If a community fully understands what can be built by right, officials sometimes permit a proposal they would otherwise reject because they fear the alternative.
Using By-Right Zoning Land Development as a Strategy
Savvy developers can use this dynamic to win support for their projects by pointing out what they could build if stakeholders reject the original idea. If that sounds similar to playing hardball — well, it is! All is fair in love, war, and land-use policy. However, just because developers have this tool in their toolbox doesn’t mean they should deploy it aggressively; overt blackmail can backfire and leads to bad community relations even if it works. Instead, consider these tactics:
I’m Not Mad, I’m Disappointed:
Make it clear in your communications that you don’t want to pursue the by-right option, but economic realities may force that choice if stakeholders decline your proposal.
Use a Proxy:
Enlisting the help of a third-party case maker, like a well-respected community member or a local elected official, can diffuse some hostility by playing the “bad cop” role on your behalf. The key to pulling this off is to convey the reality of the by-right zoning situation behind the scenes.
Paint the Picture:
Invest time and money in bringing the by-right use to life — just like you would for your preferred project. Use tactics such as media interviews, detailed renderings, and clear facts about community impacts. By fully fleshing out the “bad” option, you make the preferred project more appealing.
These tactics relate to the recent finalizing of by-right multifamily housing in Massachusetts’ so-called “MBTA communities.” These cities and towns connect closely to the statewide public transit network. State officials made dense multifamily housing a by-right use within half a mile of train stations and T stops. This gives housing advocates a powerful tool. It also creates a credible alternative if communities reject other proposals. Developers can move forward with by-right options if stakeholders say no.
Need help with getting your development project off the ground? Contact us at connect@thebelfortgroup.com.