Two of the stated purposes of zoning are preventing “incompatible” land uses and protecting neighborhoods. Both of these issues can be addressed without the coercive means of zoning. Deed restrictions (or covenants) provide the means to limit land uses through voluntary, contractual means—by respecting property rights, and hence, preserving the freedom to choose. Deed restrictions attach…
In early December, Minneapolis enacted an extensive reduction in the city’s zoning laws by eliminating single-family zoning. Developers will soon be able to build more densely, thereby reducing housing costs. Economically, zoning is a disaster. Zoning designates a particular use for each parcel of land. By its very nature zoning reduces the supply of land…
If someone broke into your home and stole your jewelry, electronics, cash, and anything else that is yours, you would regard his action as theft. He took your property without your consent. The principle doesn’t change just because the actor has a government badge and doesn’t literally break into your home. Taxation takes your money…
Planet K, a central Texas retailer of e-cigarettes, pipes, incense, and assorted items for adult entertainment, filed a lawsuit against the city of Bryan in early November. The lawsuit alleges that the city’s sign ordinance is unconstitutional and violates the company’s free speech rights. At the heart of the dispute is an on-premise sign that…
Department of Housing and Urban Development Secretary Ben Carson has launched an initiative aimed at making housing more affordable. He has correctly identified zoning and land-use regulations as a major factor in soaring housing costs in many locales. Zoning and land-use regulations arbitrarily restrict the freedom of builders and developers. Minimum lot sizes, prescribed land…
Zoning is widely regarded as a necessary component of modern American communities. Few question its existence, but instead complain only when zoning interferes with their desired land use. Zoning is an effect. The cause is the view that the individual is subordinate to the community. Unfortunately, few, even the victims of zoning, challenge this premise….
A graphic at the beginning of a recent article about short-term rentals (STRs) in the Dallas area illustrates the fundamental nature of zoning. In the graphic, it is stated that the zoning ordinance adopted by Grapevine in 1982 did not permit STRs. It is implied that if a particular use is not explicitly permitted, then…
In early September Grapevine became the latest Texas city to outlaw short-term rentals (STRs), such as Airbnb. The city’s mayor defended the prohibition, saying, It’s just not appropriate. We spent hours zoning this town, protecting single family homes and putting businesses along the highways. We’ve got a well-planned town. If you love this town, we…
For decades, various politicians, activists, and organizations have been pushing for Houston to develop and adopt a general plan. In September 2015, City Council did so. When the city officially began the process in 2014, Mayor Annise Parker said that “planning does not mean zoning.” In the most literal sense, this is true. However, Parker…
The very nature of zoning makes it a magnet for controversy and divisiveness. The latest example has erupted in College Station, where some homeowners want more restrictive land-use regulations to combat gentrification and the growth of student housing. But other homeowners don’t want the restrictions. The dispute is pitting neighbor against neighbor. This is an…
In 2005, Dallas used a little-known process called amortization to rezone land along Ross Avenue. Suddenly, many businesses that had operated in the same location for decades became illegal and they were given a few years to come into compliance. One of those businesses was Hinga Mbogo’s auto repair shop, which the Kenyan immigrant had…
I have previously written, albeit briefly, about both the economic and moral aspects of opposition to Austin’s CodeNext. The debate over the city’s proposed new land-use regulations is an example of the gang warfare that permeates modern American politics. On one side we have developers and their lobbyists. On the other side, we have community…