In the old days, cities became denser as they grew larger, especially in the central area close to the downtown. Many of our newer cities, however, have remained fairly low density even as they’ve grown to be quite large. San Jose and San Diego are good examples.
Houston is an exception to this rule. Over the past few decades, it’s grown into one of our largest cities, with a metropolitan area population of over 7 million. Unlike other Sunbelt cities, it has relatively little regulation of home building. As a result, close in neighborhoods have become much more dense, even as Houston’s suburbs remain dominated by single-family homes. Houston provides low cost housing for people with a wide variety of preferences.
Some housing experts at NewGeography are opposed to this approach, favoring zoning regulations that short circuit market forces.
Yet if people have their own aspirations, those who designate themselves as knowing best—notably urban planners, large financial institutions, tech companies, and academics—prefer another scenario for ordinary people. Rather than allow the market to reveal what people want, there has been a mounting effort, here and in most of the developed world, to shoehorn people into dense development and, in some cases, ban zoning entirely for single-family homes.
Notice what they’ve done here. They’ve dressed up support for anti-free market policies that restrict people’s ability to build housing as somehow reflecting “the market”. Terms like “market” and “ban” are used in an almost Orwellian sense. It is zoning that “bans” people from using their property as they’d like to. It is zoning that prevents market forces from delivering the sort of housing that the public wants. It would be like saying free trade policies ban people from buying American. Or the First Amendment bans people from cancelling unpopular speakers.
Opponents of zoning don’t wish to “shoehorn” people into dense areas, they wish to allow people to choose the sort of housing that best suits their needs. For some people that will be high-rise condos in the central city. For others, it will be single-family homes in the suburbs. The free market is the best way of determining what sort of housing density is appropriate. In general, the free market will deliver more density in central areas and less density in outlying areas.
Zoning has only been around for about a century. Thank God it did not exist when our country was first developed, otherwise we never would have built those wonderful high-rise neighborhoods in places like Manhattan and lakefront Chicago. Indeed, today even the dense townhouse neighborhoods in central Boston cannot be built in most cities—including metro Boston. Ironically, Houston is one of the few places in America where it is legal to build a neighborhood like Boston’s Beacon Hill or Back Bay.
READER COMMENTS
Jon Murphy
Oct 22 2023 at 9:49am
Good example of the Orwellian nature of some of this language. I have seen people use precisely that argument (free trade forces people to Buy Foreign).
It’d be far better for people to understand and acknowledge when things are infractions on liberty. Then we can have serious conversations about things. But the Orwellian doublespeak deliberately makes communication difficult
John Brennan
Oct 22 2023 at 2:44pm
Getting rid of single family zoning only “rezones”. We should unzone or dezone. Zoning moratoria would be an interesting experiment.
Houston is the great example of an unzoned environment, if not the only one. However, you do mention the cities that grew before zoning took hold after the 1927 Supreme Court decision. The city I spent the first 20 years as a professional–Lakewood, Ohio–was fully subdivided by the time they passed a zoning ordinance in 1924. From my research, the subdivision plans endorsed by the city through their building department in the 1920’s were not changed at all by the zoning ordinance that was passed. The neighborhoods reflect a non-zoned environment. Tear downs and redevelopment over the next 100 years came under the zoning ordinances that have changed over time, but the city reflects the market preferences/demand of the 1910’s and 1920’s. Lakewood is the most dense municipality in the United States between NYC and Chicago.
Mark Brophy
Oct 22 2023 at 5:25pm
According to Wikipedia, Lakewood has 9190 people per square mile, compared to 11,936 in Philadelphia and 4793 in Cleveland. Rochester, Syracuse, and Pittsburgh are lower density cities.
Matthias
Oct 23 2023 at 6:22am
Doesn’t Houston still have eg mandatory minimum parking requirements? And similar restrictions that act like zoning.
Scott Sumner
Oct 23 2023 at 9:17am
A modest portion of Houston has private restrictions on density, but most of the city is unrestricted. Not sure about parking.
David S
Oct 23 2023 at 6:29am
The NIMBY proponents seem to be relying on increasingly unsupportable contortions of logic. However, their most consistent and successful arguments tend to fall back on these big issues:
-More density is bad because it will make traffic worse
-More housing, especially multi-family, is bad because it disturbs the existing character of a community
The first issue is real, but a feature rather than a bug of urban prosperity. The second issue tends to be an expression of racial or class based prejudice.
johnson85
Oct 23 2023 at 3:43pm
I don’t think you can pin that on race or class based prejudice. There may be some of that, but it seems like self interest is sufficient to drive a lot of it. First, lots of dense multifamily housing that is being proposed is not being proposed in the type of highly desirable areas where more density would likely ultimately result in higher property prices. Those places are the exception and the NIMBY forces there are usually strong enough to prevent multi-family proposals from getting very far. So most people are looking and thinking, more dense multifamily usually results in the neighborhood declining, and their incentive as a property owner is to fight that.
Even for those people in areas where price would likely continue to go up with more dense development, the individual homeowner still may have an incentive to fight it, depending on their preferences. If they don’t want to move, increasing property values may not mean that much to them. But if they don’t care about the extra amenities that can come with more density, they are just looking at a neighborhood they like changing in ways they don’t want (more traffic, more people, more noise, etc.), and they aren’t going to really benefit unless and until they sell their house. On the flip side, if they can successfully fight it, the scarcity of housing will continue to put upward pressure on their home values (even if not as much as becoming a dense, highly desirable area would), so they don’t feel like they lose anything from their nimbyism.
MarkW
Oct 23 2023 at 9:22am
Opponents of zoning don’t wish to “shoehorn” people into dense areas, they wish to allow people to choose the sort of housing that best suits their needs.
I wish I thought that was true. Certainly, removing regulations and allowing people to choose the sort of housing that best suits their needs is what zoning opponents should do. It’s also what libertarian zoning opponents would do. But where zoning reform has been happening, libertarians aren’t driving the bus, progressives are, and they seem to be replacing regulations that favored low-density, single-family housing with regulations that discourage and limit single family construction. For example, there’s this in Portland.
Similarly, in my small city of Ann Arbor, the first anti-low-density measure adopted was the establishment of a ‘green belt’ whereby city tax dollars are used to buy out the development rights of farm land in the surrounding townships. More recently, it has created ‘Transit Corridor’ zoned areas that not only allow denser development, but actually require it — rendering all of the existing commercial establishments in those zones as non-conforming meaning that they could not be built today because they are not multi-story and ‘mixed use’ (do not include upper floors with residential units), and have parking lots that are too large, etc. It seems to me that progressive cities and states aren’t becoming more permissive when it comes to housing but rather are getting rid of old low-density mandates and replacing them with high-density mandates. But maybe there are good, hands-off reforms in places that I’m unaware of — where are we seeing those?
robc
Oct 23 2023 at 10:13am
Those people are not opponents of zoning, so defeat your entire argument.
There are very few of us that are really opponents of zoning (And even I can be talked into a heavy industrial zone).
MarkW
Oct 25 2023 at 7:34am
Those people are not opponents of zoning
OK. Well then there are hardly any actual opponents of zoning (libertarians not being all that numerous) — most of the people working against single-family zoning are OK with zoning in general. They still want restrictions — just different ones.
robc
Oct 27 2023 at 5:24pm
Yes, that is exactly my point.
Knut P. Heen
Oct 24 2023 at 11:08am
Would zoning be okay if the first person who mixed his labor with the land decided to zone it before he sold it to other people?
robc
Oct 24 2023 at 12:25pm
No. If you restrict it, you aren’t selling it. You are only selling part of it. And while a partial sale is okay, it needs to be acknowledged…and taxed (assuming property/land tax exists).
A deed restriction in which the previous owner continues to pay property tax on the difference between the allowed value of the land and the actual value of the land would be okay to me.
Knut P. Heen
Oct 25 2023 at 10:35am
I was thinking something along these lines. An initial owner decides to leave some of his land to his children, and also wants to make sure that the children do not use the land for certain purposes. What is wrong with writing a covenant saying that the land the children get cannot be used for industrial purposes?
TMC
Oct 24 2023 at 1:09pm
Virtually everyone alive has bought their property with the zoning intact. The extreme YIMBYs* want to change the nature of the property without compensating the adjacent landowners. It’s an illegal taking. If you and your neighbors find there is a better or more profitable use for the land, just vote in a zoning change.
*Typically it’s not YIMBYs wanting to do this, but outside people who want to devalue the homeowners’ land so it’s cheaper for them to move in.
Knut P. Heen
Oct 25 2023 at 10:45am
This is very similar to my view.
Lizard Man
Oct 25 2023 at 5:56pm
“If you and your neighbors find there is a better or more profitable use for the land, just vote in a zoning change.”
That is what YIMBYs have been doing, at least in California. They elect legislators who are YIMBYs, and then the legislature passes YIMBY laws, and the legislators keep getting re-elected. Democracy in action, as they say.
Mactoul
Oct 26 2023 at 12:35am
Zoning is a political decision and thus a ever-present risk to property owners analogous to earthquakes etc.
Vagaries of politics can not be predicted. Politics created zoning and politics may end it. It is not a taking at all. The zoning extent at time of purchase is not guaranteed and there is no property right in it.
Bob
Oct 26 2023 at 2:07am
Except land doesn’t lose value when it can’t be built higher: take any building in Manhattan: does the land become more valuable if I only allow 1/3rd of it to be occupied, and only 1 story, like in most suburbia? Does my suburban house lose value if, by magic, it was in the financial district of Manhattan?
The value of land is what is near it, and few things are more valuable than a lot of other people, especially if they are wealthy: even an amazing beachfront property loses a lot of value if it’s far from everyone.
there is a world where, maybe, the supply of built real state vastly beats demand, but in every expensive place, you could double capacity and every property owner would be richer
robc
Oct 27 2023 at 5:26pm
The illegal taking was the original zoning.
Undoing a taking is not a taking.
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