Tag bernard siegan

Book Review, Zoning

What Should I Read to Understand Zoning?

We are blessed and cursed to live in times in which most smart people are expected to have an opinion on zoning. Blessed, in that zoning is arguably the single most important institution shaping where we live, how we move around, and who we meet. Cursed, in that zoning is notoriously obtuse, with zoning ordinances often cloaked in jargon, hidden away in PDFs, and completely different city-to-city. Given this unusual state of affairs, I’m often asked, “What should I read to understand zoning?” To answer this question, I have put together a list of books for the zoning-curious. These have been broken out into three buckets: “Introductory” texts largely lay out the general challenges facing cities, with—at most—high-level discussions of zoning. Most people casually interested in cities can stop here. “Intermediate” texts address zoning specifically, explaining how it works at a general level. These texts are best for people who know a thing or two about cities but would like to learn more about zoning specifically. “Advanced” texts represent the outer frontier of zoning knowledge. While possibly too difficult or too deep into the weeds to be of interest to most lay observers, these texts should be treated as essential among professional planners, urban economists, and urban designers. Before I start, a few obligatory qualifications: First, this not an exhaustive list. There were many great books that I left out in order to keep this list focused. Maybe you feel very strongly that I shouldn’t have left a particular book out. That’s great! Share it in the comments below. Second, while these books will give you a framework for interpreting zoning, they’re no substitute for understanding the way zoning works in your specific city. The only way to get that knowledge is to follow your local planning journalists, attend local […]

Nolan Gray
April 16, 2019

housing, planning, Zoning

The Case for Subsidizing Deed Restrictions

In most of my discussions of Houston here on the blog, I have always been quick to hedge that the city still subsidizes a system of quasi-private deed restrictions that control land use and that this is a bad thing. After reading Bernard Siegan’s sleeper market urbanist classic, “Land Use Without Zoning,” I am less sure of this position. Toward this end, I’d like to argue a somewhat contrarian case: subsidizing private deed restrictions, as is the case in Houston, is a good idea insomuch as it defrays resident demand for more restrictive citywide land-use controls. For those of you who haven’t read my last four or five wonky blog posts on land-use regulations in Houston (what else could you possibly be doing?), here is a quick refresher. Houston doesn’t have conventional Euclidean zoning. Residents voted it down three times. However, Houston does have standard subdivision and setback controls, which serve to reduce densities. The city also enforces high minimum parking requirements outside of downtown. On top of these standard land-use regulations, the city heavily relies on private deed restrictions. Also known as restrictive covenants, these are essentially legal agreements among neighbors about how they can and cannot use their property, often set up by a developer and signed onto as a condition for buying a home in a particular neighborhood. In most cities, deed restrictions cover superfluous lifestyle preferences not already covered by zoning, including lawn maintenance and permitted architectural styles. In Houston, however, these perform most of the functions normally covered by zoning, regulating issues such as permissible land uses, minimum lot sizes, and densities. Houston’s deed restrictions are also different in that they are heavily subsidized by the city. In most cities, deed restrictions are overseen and enforced by parties to a deed, typically organized as a […]

Nolan Gray
May 9, 2018

planning, Zoning

Are Houston’s Deed Restrictions “Basically Zoning”?

Houston doesn’t have zoning. As I have written about previously here on the blog, this doesn’t mean nearly as much as you would think. Sure, Houston’s municipal government doesn’t segregate uses or expressly regulate densities. But as my Market Urbanism colleague Michael Lewyn has documented, city officials do regulate lot sizes, setbacks, and parking requirements. They also enforce private deed restrictions, which blanket many of the city’s residential neighborhoods. A deed restriction is a legal agreement among neighbors about how they can and cannot use their property. In most cities, deed restrictions are purely private and often fairly marginal, adding rules on top of zoning that property owners must follow. But in Houston, deed restrictions do most of the heavy lifting typically covered by zoning, including delineating permissible uses and design standards. Whenever I point out that Houston has relatively light land-use regulations (and is enjoying the benefits), folks often respond that the city’s deed restrictions are basically zoning. This couldn’t be further from the truth. Before I turn to the essential differences, it’s worth first observing how Houston’s deed restrictions are like any other city’s zoning. First, like zoning, Houston’s deed restrictions are almost universally designed to prop up the values of single-family houses. Despite the weak evidence for a use segregation-property values connection, this justification for zoning goes back to the program’s roots in the 1920s. Many of Houston’s nicest residential neighborhoods, like River Oaks and Tanglewood, follow this line of thinking, enforcing tight deed restrictions on residents that come out looking a lot like zoned neighborhoods in nearby municipalities like Bellaire and Jersey Village. Second, both zoning and Houston’s deed restrictions are enforced by government officials at taxpayer expense. In most other cities, deed restrictions are overseen and enforced by a private group like a homeowners association, […]

Nolan Gray
April 11, 2018

What Should I Read to Understand Zoning?

The Case for Subsidizing Deed Restrictions

Are Houston’s Deed Restrictions “Basically Zoning”?

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