Category Zoning

Mercantilist logic and land-use regulation

Adam Smith taught the world that mercantilism impoverished 18th-century nations by erecting barriers to trade and reducing opportunities for specialization and economic growth. Regulations that restrict urban development likewise reduce opportunities for innovation and specialization by limiting cities’ population size and density. Even as improvements in communications technology and falling transportation costs reduce the burden of distance, many industries still benefit from the geographical proximity of human beings that only dense development can provide. Removing land-use regulations will allow greater gains from trade as more people are allowed to live in important economic centers like New York City and Silicon Valley. Cities facilitate innovation by placing people with diverse backgrounds and goals in close proximity. While Israel Kirzner’s research provided a comprehensive analysis of entrepreneurs in the market process and in economic growth, economists have not given sufficient attention to the geography of entrepreneurship. The settings in which entrepreneurs work – Sandy Ikeda’s “action space” – matters, and cities provide a crucial role as the action space for much of human innovation. Silicon Valley is an urban action space where geographical proximity has made entrepreneurs more successful than they would have been without the inspiration they provided one another. The Homebrew Computer Club, a social group founded in 1975 for computer hobbyists, played a crucial role in the development of personal computers. The programmers, engineers, and inventors who attended those early meetings would go on to revolutionize computing thanks, in large part, to the information they gathered from swapping ideas, hardware, and skills from the other group members they encountered. The club began meeting in garages, parking lots, and university auditoriums, but it was only possible because these enthusiasts all worked for semiconductor companies that brought them to the same region of California. Empirical evidence bears out the importance of cities in facilitating […]

Why No Micro-Apartments in Chicago?

  Several cities have jumped on the bandwagon of building Micro-apartments, a hot trend in apartment development.  San Francisco and Seattle already have them. New York outlawed them, but is testing them on one project, and may legalize them again. Even developers in smaller cities like Denver and Grand Rapids are taking a shot at micro-apartments. At the same time, Chicago is building lots of apartments, and is known for having low barriers to entry for downtown development.  Yet we aren’t hearing of much new construction of micro-apartments here.  Premier studios are fetching as much as $2,000 a month.  Certainly there must be demand for something more approachable to young professionals.  In theory, we should expect to see Chicago leading the way in innovative small spaces. Chicago doesn’t have an outright ban on small apartments like New York, but there are four regulatory obstacles in the Chicago zoning code.  These are outdated remnants from eras where excluding undesirable people were main objectives of zoning, and combined to effectively prohibit small apartments: 1. Minimum Average Size:  Interestingly, there is no explicit prohibition of small units.  This is unlike New York City’s zoning, which prohibits units smaller than 400sf. There is, however, a stipulation that the average gross size of apartments constructed within a development be greater that 500sf.  Assuming 15% of your floor-plate is taken by hallways, lobbies, stairs, etc; this means for every 300sf unit, you need one 550sf unit to balance it out. Source:  17-2-0312 for residential; 17-4-0408 for downtown 2. Limits on “Efficiency Units”: Zoning stipulates a minimum percentage of “efficiency units” within a development. The highest density areas downtown allow as much as 50%, but these are the most expensive areas where land is most expensive. In areas traditionally more affordable, the ratio is as low as 20% to discourage studios, and encourage […]

9 Barriers To Building Housing In Central City Austin

The Austin area has, for the 5th year running, been among America’s two fastest-growing major metro areas by population. Although everybody knows about the new apartments sprouting along transportation corridors like South Lamar and Burnet, much of the growth has been in our suburbs, and in suburban-style areas of the city. Our city is growing out more than up. How come? The desire for living in central Austin has never been higher. But Austin, like most cities, has rules that prevent new housing from getting centrally built. That makes it easier to buy and build on virgin land in the suburbs. Here are some of those rules. 1 MINIMUM LOT SIZE Historically, expensive houses were built on expensive, large lots; cheaper homes were built on smaller, cheaper lots. Austin decided that new houses can’t be built on small lots. Even if you want to build a small, cheap house, you still need a lot with at least 5,750 square feet. In central Austin, that costs a lot of money, even without the house! If somebody owns a 10,000 square foot lot, they aren’t allowed to split it into two 5,000 square foot lots and build two medium-sized houses, let alone three 3,333 square foot lots with three small houses, let alone three 3,333 square foot lots with triplexes! In 1999, Houston reformed its minimum lot size laws. Since then, environmentally-friendly central-city urban townhomes have flourished.         2 MINIMUM SITE AREA For areas that are zoned for apartments and condos, there is a cap on the ratio of number of apartments to lot size known as “minimum site area.” 3 IMPERVIOUS COVER MAXIMUMS Impervious cover is any surface that prevents water from seeping into the ground, including buildings, driveways, and garages. There is a cap on the ratio of impervious cover to lot size. 4 FLOOR-TO-AREA RATIO MAXIMUMS Floor-to-area ratios (aka FAR) maximums are a cap on […]

Why Does Houston Have Such A Great Restaurant Scene?

  Browsing through peoples’ posts of their favorite things to do in Houston, there’s a recurring theme of eating out. USA Today called Houston “the dining-out capital of the nation”: on average, we eat out more often than any other city in the country, at the second-lowest average price (Zagat). The Chronicle claims Houstonians eat out a third more times per week at 20 percent lower cost than the national average, with 9,000 area restaurants to choose from (which also makes us one of the nation’s leaders in restaurants per capita). Finally, I’ve talked to tons of people who have moved away from Houston, and one of the first things they mention missing is the restaurants. So it’s definitely one of the great strengths of Houston, but also one that raises skepticism from anybody who hasn’t lived here: why would Houston have more or better restaurants than anywhere else? What’s so special about Houston? I think there are set of factors that have come together to create the “perfect storm” of great restaurants in Houston: Diversity. Start with Houston having a very diverse population from all over the globe, so there’s plenty of people available to start restaurants in their native ethnic cuisine. Not a whole lot of cities can say that. I think a lot of that is related to being the capital of the energy industry, which is an inherently global industry. That plus being a major port city and proximity to Latin America and Cajun Louisiana. Lack of zoning. Houston’s open development culture makes it easy for anybody to start a restaurant. Plenty of inexpensive space and not a lot of regulations/permitting. The freeway network. This may seem to be an odd factor, but think about it. We have a very well developed freeway network compared to […]

The need for low-quality housing

The market urbanism axiom — permitting housing supply to increase is key to achieving affordable housing — has been made recently by Rick Jacobus at Shelterforce and Daniel Hertz at City Observatory. However both argue that even with an increasing supply, low-income people will need aid in order to afford what the authors feel is adequate housing. History shows us, though, that if developers are allowed to serve renters in every price range, they will. The movie Brooklyn portrays the type of housing many of our grandparents and great-grandparents lived in when they emigrated to the United States. People of very little means could afford to live in cities with the highest housing demand because they lived in boarding houses, residential hotels, and low-quality apartments, most of which are illegal today. Making housing affordable again requires not only permitting construction of more new units, but also allowing existing housing to be used in ways that are illegal under today’s codes. Young adults living in group houses with several roommates have found a way around these regulations, but low-income renters were better-served when families and single people could pay for housing that was designed to meet their needs at an affordable price. Alan During explains the confluence of interest groups that successfully eliminated cheap, low-quality housing: The rules were not accidents. Real-estate owners eager to minimize risk and maximize property values worked to keep housing for poor people away from their investments. Sometimes they worked hand-in-glove with well-meaning reformers who were intent on ensuring decent housing for all. Decent housing, in practice, meant housing that not only provided physical safety and hygiene but also approximated what middle-class families expected. This coalition of the self-interested and the well-meaning effectively boxed in and shut down rooming houses, and it erected barriers to in-home boarding, too. Over more than a century, […]

Liberate the Garage!: Autonomous Cars and the American Dream

Apple garage

When it comes to the impact autonomous cars will have on cities, there’s plenty of room for disagreement. Will they increase or decrease urban densities? Will they help with congestion or make it worse? At the same time, there seems to be widespread agreement on at least two things: First, far fewer people will own cars. Second, we are not going to need nearly as much parking. By combining the technology of autonomous cars with the business model of transportation network companies like Uber and Lyft, low-cost, on-demand ride-hailing and dynamic routing bus lines could eliminate the need to keep an unused car hanging around for most of the day. When that happens, we will need far fewer parking spaces, turning on-street parking into wider sidewalks and bike lanes and surface lots and parking ramps into residential and commercial uses. So how does the humble American residential garage fit into all this? On its face, the garage is little more than the sheltered parking space that comes with most single-family homes. Yet the garage holds a certain mythological status in the American psyche: It gave rise to iconic American brands like Disney, Harley Davidson, and Mattel. It offered a space in which the firms that would launch the digital economy could get their start, including HP and Apple. Google and Microsoft, which both started in garages, maintain “garage” work spaces to this day in order to cultivate innovation. By providing a flexible space in which knowledge, free time, and ambition can transform into entrepreneurial innovation, the garage has played a crucial role in the American economy.   At least in the near term, garages are not going anywhere. Unlike municipal governments and large private landowners who will likely face immediate political and market pressures to retool their parking spaces, many homeowners are structurally stuck with their garages. Millions of garages could go unused, occasionally kept active by automobile hobbyists, most likely turning into de facto storage units. But it doesn’t have to be […]

Reforming Zoning in a Kludgeocracy

To market urbanists and many others, it’s clear that there is a positive relationship between high housing costs and land-use restrictions and that liberalizing zoning would lower housing costs relative to what they would be in a more regulated environment. Given this relationship, reducing zoning would improve efficiency in the housing market by allowing consumer demand to drive the amount of resources that are put into housing development. However, land-use reform would also affect other policy areas such as public schools, transportation infrastructure, and sewer and water provision. Predicting how a liberalizing reform in one policy area will affect the complete public policy landscape is as impossible as predicting how one private sector innovation will affect other markets. Political scientist Steven Teles coined the term “kludgeocracy” to describe the complexity of contemporary American policy. For example, zoning has become a tool to make high-performing public schools exclusive, even though land-use policy and education policy are seemingly unrelated areas governed by different agencies. Because providing zero-price quality education to every child in the country may be impossible, zoning is a kludge that allows policymakers to provide this service to their high-income and influential constituents. Teles describes this policy complexity: A “kludge” is defined by the Oxford English Dictionary as “an ill-assorted collection of parts assembled to fulfill a particular purpose…a clumsy but temporarily effective solution to a particular fault or problem.” The term comes out of the world of computer programming, where a kludge is an inelegant patch put in place to solve an unexpected problem and designed to be backward-compatible with the rest of an existing system. When you add up enough kludges, you get a very complicated program that has no clear organizing principle, is exceedingly difficult to understand, and is subject to crashes. Any user of Microsoft Windows will immediately grasp the concept. […]

Return to Sender: Housing affordability and the shipping container non-solution

Shipping container homes in Cuba

Washington, D.C. has a monopoly on many things. Bad policy, unfortunately, isn’t among them. Last month, a development corporation in Lexington, Kentucky installed a shipping container house in an economically distressed area of town to improve housing affordability. The corporation is a private non-profit, though a line near the end of this article indicates that the project received public support: “The project is funded through an assortment of grants from the city’s affordable housing fund [and two philanthropic organizations].” Shipping container projects designed to improve housing affordability aren’t limited to my Old Kentucky Home: a quick Google search reveals that the idea of using shipping containers to put a dent in housing costs is popular among policymakers and philanthropists all over the world. The sad reality is that shipping container homes likely have little—if any—role to play in handling the nationwide housing affordability problem. Aside from being inefficient for housing generally, there’s decent evidence that shipping containers appeal far more to reasonably well-off, single urbanites than to working families in need of affordable housing. More broadly, the belief that these projects could address the growing affordability crisis hints at a profound misunderstanding of the nature of the problem and distracts policymakers from viable solutions. Before digging into the meatier problems, it’s worth looking first at the problems with the structures themselves. I’ll yield to an architect: Housing is usually not a technology problem. All parts of the world have vernacular housing, and it usually works quite well for the local climate. There are certainly places with material shortages, or situations where factory built housing might be appropriate—especially when an area is recovering from a disaster. In this case prefab buildings would make sense—but doing them in containers does not. The source goes on to detail the enormous costs associated with zoning approval, insulation, and utilities. Then there’s the somewhat obvious fact that they’re small. As in, 144 square […]

The deal-making behind the Silver Line

In political transactions, players cannot make deals using dollars, but nonetheless they engage in trades to pursue their goals. Policymakers may engage in trades both with other policymakers and with private sector actors . While these deals are not denominated in dollars, their gains from trade can still be considered “profit” that goes to the parties to the trade. In the decision to create the DC Metro’s silver line extending from West Falls Church to Dulles International Airport, many public sector and private sector parties profited from the complex dealmaking that facilitated the extension. The Silver Line was accompanied by redevelopment planning for Tysons Corner, a suburb of DC along the line’s route. These rail construction and accompanying rezoning benefitted three primary groups. The first and most obvious beneficiaries of the development of the Silver Line were the individuals and corporations that owned large parcels of land near the planned stations. The value of their holdings increased not only because of the new infrastructure, but also because the planning for the Silver Line involved significant upzoning, making more intensive and profitable use of their land legal. The combined promise of upzoning and the new metro stations ensured local policymakers that powerful landowners would support their efforts. These large landowners who benefited from upzoning include West Group, Tysons Corner Property, and West Mac Associates among other. The leadership members of these corporations were active in commenting on the proposed changes to the area’s land use and transportation plans. Because of its large investment in Tysons Corner and its corresponding importance in the development process, West Group has had special involvement in the redevelopment process. Implementing the proposed grid of streets relies heavily on West Group properties and other major developers cooperating to minimize the need to use eminent domain to achieve the infrastructure requirements to facilitate increased […]

Shell Games in NIMBYism

Yesterday the Cato Institute hosted an event featuring William Fischel’s discussion of his new book Zoning Rules! with commentary by Mark Calabria, Matt Yglesias, and Robert Dietz. Fischel explained his theory that zoning was an effective tool for minimizing nuisances between land uses through the 1970s. Until that time, he asserts that city planners did a good job of separating incompatible land uses, such as industrial and residential uses, benefiting residents and protecting home values in the process. His theory is that in the 1970s, inflation increased the value of homeownership relative to cash savings, leading homeowners to increasingly view their houses as investments. At the same time, the rise of environmentalism provided the policy justification for using zoning as a tool to limit the growth of housing supply. According to his theory, homeowners then began using their power to lobby for downzoning to protect their large, undiversified asset, and valued minimizing any potential downside risk in their home value. In his discussion of Fischel’s book, Matt Yglesias pointed out that today, NIMBYism has gone far beyond keeping out polluting land uses and low-income neighbors. For example, some residents in San Francisco’s Mission District are supporting a moratorium on luxury housing development, and some Brooklyn residents are fighting to keep vacant industrial properties in place on the waterfront. Permitting high-end residential development in these neighborhoods would be more likely to raise than lower nearby homeowners’ property values. This opposition to development is at odds with Euclidean zoning in these neighborhoods where expensive housing now abuts abandoned warehouses. It’s also demonstrates that NIMBYs are not motivated by narrow profit interests, but have complex preferences that are not easily understood by observing the policies that they advocate for. In the private sector, profit is measured in money, and it’s generally safe to say that both parties to a transaction […]