I love me some Donald Elliott. His Colorado Land Planning & Development Law taught me most property law concepts before I even knew I wanted to switch careers from planner to lawyer.
The good:
Elliott has a significant amount of knowledge to impart and a plain English writing style to do it. While I did not find this book as engaging as CO Land Planning, I never got lost on his meaning.
I also found myself nodding my head at most of the issues with hybrid Euclidean zoning he describes. I enjoyed that he identified problems that I hadn't considered before, such as how the tax base influences rezonings.
I will still use this book as a good reference point. Elliott is accessible and knowledgeable. Even if I don't support his conclusions, I like that he can give words to the problems.
The bad:
My criticisms are petty, substantive, and stylistic:
Petty: I read this book as a source for my law journal note. I wanted to understand what a zoning expert thought of my performance zoning journal topic. I'm docking half a star because the index does not adequately reflect how extensively he discusses performance zoning. He repeatedly mentions it compared to other zoning schemes, yet the index only identifies three early pages. I may have read this book sooner if I'd known how extensively he mentions performance zoning.
Substantively: As a planner, I confronted the same issues Elliott identifies. Unfortunately, Elliott has the same biases and desire for orthodoxy that I found so off-putting about the planning profession. When confronted with these issues, I made the preliminary conclusion that performance zoning most effectively answered the issues (flexible, yet predictable; doesn't artificially separate uses; focus on impacts rather than prescribing a static build environment). I'm not entirely convinced that a pure performance zoning scheme adequately answers all the issues, but it seems to best satisfy them.
Elliott clearly has a preference for form-based zoning and waves off performance zoning without adequately explaining why. He'll keep referring to performance zoning as "solving this particular problem" but then not discuss why it shouldn't be used. He'll profess his preference for form-based zoning but not adequately explain how it solves the issues he identifies. In my mind, including incredibly detailed architectural standards without acknowledging how people actually use those buildings adds to the complexity and rigidness of zoning codes. Perhaps I don't fully understand Elliott's preferences or how form-based codes answer the complaints. Perhaps Elliott (and many other planning experts) don't fully understand how performance zoning works in practice (or don't care to know).
The result, and where the book started to go off the rails, was his solutions. He proclaims it a "process" for amending zoning codes, but most of his solutions are just repeats of model zoning codes that he professes to like. For example, the goal of "depoliticizing final approvals" is a substantive, not procedural, choice.
He suggests solutions that would compound the issues he seeks to solve. In my experience, sticking with use-based systems, but making each use category broader or more abstract adds to confusion. Without looking it up, how is a citizen supposed to know whether a "personal service shop" includes or does not include a lawyer's office? You need to add a definition...which adds to the zoning code's length and complexity.
Perhaps these substantive contradictions would not bother me so much were it not for the stylistic criticism:
Style: The book is a series of lists. Lists are boring. Lists are abstract. Lists are completely interchangeable and, therefore, have no flow. He's listing issues. He's listing legal parameters. Listing solutions, etc.
What this book so desperately needs is concrete, experienced details. He references his experiences, but never tells a narrative or story that could explain them. I want to know an experience that convinced him that living with nonconformities worked. I want to see it/hear it/smell it, etc. I want to see what he sees with form-based codes and understand his dismissal of other solutions.
The three star review fits my general rating system. I think there are valid criticisms of his substance and style. But the book also gives clear and enlightening overviews existing zoning law's problems. I don't recommend the book. But I also think you can read it without getting frustrated. Especially with normative books, my experience depends on my normative views. I'm giving him some benefit of doubt on that.
Based on how he explains the issues, I'm guessing this book was published before or at the beginning of the Great Recession. I desperately want a second edition that has taken the last 12 years into account (housing market, Covid, tribal politics) and that fixes some of my criticisms.