| |
The Everywhere People
A practically invisible Florida company is perhaps the most
powerful architectural force in the country.
Originally published in Architecture,
November 2001
If he were to be dropped off in almost any major American
city, chances are that A. Lawton Langford would look around
and recognize his handiwork. “I’d recognize the
set-back requirements, the run-off systems, the water-holding
facilities,” he says.
Langford is president and CEO of Municipal Code Corporation
(MCC), in Tallahasee, Florida. The company is, for all intents
and purposes, a publisher – the significant bread-winning
arm of its operation is a printing and binding business. But
it is what the company publishes, and the process by which
it does so, that gives MCC such influence over the way American
cities look.
“Out of that company emanates more sheer architectural
control than any other place on earth,” says Andrés
Duany, principal of Duany Plater-Zyberk, and a founder of
the urban-planning thinktank the Congress for the New Urbanism
(CNU).
MCC is arguably the largest of the roughly two-dozen “codification”
companies currently operating in the United States. It compiles,
reviews, and publishes the codes and ordinances of American
municipalities: everything from zoning codes to police procedures.
MCC has published codes for more than 2,600 cities and counties
in 49 states. Among these cities are Detroit, Atlanta, New
Orleans, Denver, and San Antonio, and some clients have been
with MCC since its founding, in March of 1951. Its influence
is not simply wide; it is also deeply engrained over time.
MCC’s innocuous-looking promotional literature –
with photos of stern people in business suits paging through
enormous three-ring binders -- describes the company as “the
nation’s leading publisher of local government Codes
of Ordinance.” In other words, MCC’s staff of
16 attorneys consults with cities, counties, or any local
political body to create the documents of governance –
books of local laws and codes, city employee handbooks, and
procedural manuals -- and to ensure that existing and proposed
laws and codes do not conflict with state or federal laws.
Most of its clients commission MCC to review and compile all
of its ordinances at once – from electric codes to sanitation.
To the average American citizen – even to the average
American architect – MCC’s work might seem mundane.
But when one begins to consider how much of the American urban
landscape has been touched by its work, one realizes that
the company’s influence seeps from every emergency exit
and every sidewalk.
MCC is an extremely modest company – it does not market
itself as anything other than a publisher. Even when pressed
to ruminate on the enormity of his company’s reach,
Langford remains humble. “We don’t consider ourselves
a planning firm, or specialists in urban design,” says
Langford simply. “We publish codes of ordinance for
local legal bodies.” As evidence of MCC’s lack
of pretense, the company’s web site, alongside its startling
list of clients, provides a downloadable 300-page cookbook
– Codin’ and Cookin’ – with recipes
culled from five decades of staff gatherings.
In 1926, the landmark supreme-court case Ambler Realty v.
Village of Euclid determined that a zoning ordinance is constitutional
provided it reasonably relates to the public health, safety,
and welfare. R. John Anderson, a self-described new-urbanist
developer and architect in Chico, California, finds his work
regularly frustrated by zoning codes. The Ambler case, he
says, happened at a time “when American cities were
straining under the mills, and you had to divide tenements
from where they smelted iron or slaughtered hogs. Now that
we’ve learned more about making industry work, we have
a hangover from this era.”
The hallmark of mainstream zoning as it is most often applied
today, Anderson explains, is a set of guidelines which regulate
every new site and new development in the same way. “Most
zoning has to do with what happens on a specific piece of
property,” Anderson says. “The current system
is a lowest-common-denominator approach, built into each parcel
of land as it comes in.” The result, Anderson says,
is that “if the only tool you have is a hammer, everything
starts to look like a nail.”
Zoning spreads by imitation, and American zoning has grown
more and more homogenous over the years. Most municipal codes
– zoning included – are adopted by cities in a
process of casual mimicry.
"We've come to realize that codes spread primarily by
xerox machines," says Duany. "Whenever a code is
adopted by a municipality, it enters the public domain and
other municipalities are free to copy it."
“Your average planning guy, working on parking, calls
up the next town, and asks what their minimum parking requirement
is,” Anderson says. “Pretty soon, everyone’s
got the same parking requirement.”
It is simply cheaper and easier for a city to emulate the
guidelines of other cities than to invent them from scratch,
and MCC has inadvertently grown into an enormous clearing-house
of such guidelines.
From city to city, MCC’s role varies greatly –
sometimes acting as an active consultant, sometimes as a passive
compiler of existing codes. But the company is always a treasure
trove of information, says William Kearns, municipal attorney
for Willingborough and Florence, New Jersey. MCC is “a
resource for sample ordinances that have been adopted by other
cities,” Kearns says. “They've got an incredible
library of ordinances that have been implemented elsewhere.”
“We deal with about 3,500 ordinances a month,”
says MCC’s Langford. “All the topics have been
covered. They may have local variations, but the extent to
which cities are trying to find something new – that’s
usually pretty limited.”
When a city or county decides that it needs to either review
its codes and ordinances, or begins to suspect that its codes
and ordinances are insufficient to account for the changing
times, it is then a potential MCC customer.
Charlotte, North Carolina is mid-way through a three-year,
ground-up review of its codes. MCC is being paid roughly $80,000
for its role – helping the city rewrite its codes, chapter
by chapter. Jan Shekitka, one of MCC’s 16 staff attorneys,
reads every existing Charlotte ordinance – identifying
obsolescence, conflicts with state or federal law, and gaps
in the law. For each chapter, Shekitka sits with a different
team of city officials, and it is in those conversations that
the company’s influence, communicated in the most humble
of terms, takes place.
When we start every new chapter, they do an analysis memo,”
explains Mac McCarley, Charlotte city attorney. “The
memo points out inconsistencies, and they show us the best
practices from other cities they’ve dealt with.”
Charlotte has not yet begun its zoning chapter, but in other
areas of code, MCC has played a significant role, and the
zoning chapter should be no different. “A code company
is in a unique position to help us out with new ideas,”
says McCarley. “MCC showed us the polices on email restrictions
and Internet use that other cities are using. We went with
their idea, because at that point, they had done those ordinances
for hundreds of other cities.” Charlotte will be implementing
a wide range of MCC suggestions – from how to handle
rave parties to methods of disposing solid waste – and
McCarley has nothing but praise for the company’s services.
The CNU deems the company so powerful that it has forged
an alliance with MCC to help proliferate a CNU-written zoning
code, called the Smart Code. "Once we discovered what
MCC was," says Duany, "our strategy was to make
use of it as one would a transmitter."
The Smart Code was written initially as the zoning code of
Sarasota, Florida, but it is intended as a model code –
a prototype to be copied by other cities. It is based on the
concept of what CNU calls a “transect” –
a taxonomy of zones which extend from wilderness areas to
the urban core of a city. This taxonomy allows for a more
specialized and diverse set of development areas than the
industrial, residential, and commercial zones into which traditional
American zoning codes divide a city. The transect, in the
words of the code’s authors, enables “environmentalists
to assess the design of the human habitat and the urbanists
to support the viability of nature.” The Smart Code
gives equal attention to both the repurposing of existing
developments, and the construction of greenfield projects.
In this way, CNU argues, the smart code seeks to increase
the range of options available to developers and architects
from city to city, as compared to the same-rules-for-every-development
idea inherent to conventional zoning codes.
"The United States is coded to the hilt and these codes
create sprawl." Duany says. "But they sound so objective
that you wouldn't know it until you try to build something
other than sprawl."
"I was doing a charette in Atlanta about four years
ago when I ran across that Koolhaas piece from the Harvard
GSD magazine extolling Atlanta's architects for all the freedom
that they have," he says. "It was ironic that I
was just then counting the couple of dozen variances that
would be required to build the traditional community we were
designing. For the first time I realized that Koolhaas was
making sprawl acceptable by reconceptualizing it as the avant
garde position. It was utterly irresponsible." MCC has
been Atlanta’s codification company for decades, and
Duany and his colleagues hope that by providing the Smart
Code to the MCC, thousands of cities like Atlanta will have
it suggested to them as a possible alternative to the status
quo, at the moment of greatest potential influence.
Duany talk about mainstream zoning as if it were a virus
of sprawl, raging through the country in an invisible wave
of infection. But rather than blame the viruses most active
purveyors, the CNU, perhaps very wisely, has chosen to fight
the virus from within. Langford, meanwhile, seems to consider
the CNU just another partner, and their Smart Code just another
product. When asked whether he’s considered how influential
his company’s work is on American architecture, Langford
is silent a moment, and then he reveals a startling statistic.
“We have the names and address of 15,000 people who
use the information we write, and probably a third of them
are architects,” he offers. The number is an afterthought,
however. “They’re not paying our bills, and they’re
not our primary customers,” he says. “But the
connection is there.”
|