In Focus: No Zoning in Houston?

To begin to evaluate the effect of zoning codes, it is important to keep some of the characteristics of Houston in the back of your mind: the city has a growing economy, booming population, and urban sprawl, but it also filled with air pollution, traffic congestion, and a somewhat ineffective method of public transportation. It is unlike many other cities for a variety of reasons, but in regards to urban politics, its biggest difference is a lack of a zoning code. Zoning codes are typically used to keep developments at a low-density, but even without them, Houston has a sprawling, low-density urban structure. Zoning is also used to protect property values, but some of the most expensive homes in downtown Houston are very near to commercial developments. If there are no zoning codes, what promotes such success similarity to other large, zoned cities?

After reading the research on this topic, most views on which come through local media sources, it is apparent that the effects of zoning are a very contested issue. Many individuals argue that the lack of zoning gives Houstonians a necessary right to private property usage, while others would like more regulation in city development. Additionally, voting against zoning laws allows the opportunity to test alternatives to zoning laws. The city has tried to pass zoning laws in 1948, 1962, and 1993, but each time, they have failed to get close to a majority of the citizens’ votes, even in small straw polls.

The biggest misconception when it comes to Houston zoning laws is that without them, Houston has no regulation. This is not true, as Houston has many regulations that influence the way the city grows. In 1940, the Department of City Planning was created, and developed the first major street plans. Throughout the 80s and 90s, ordinances including of-street parking, tree and shrubs, cell towers, hotel and motel location, historic preservation, and hazardous enterprises were enacted, supplying an ample amount of development regulation in the city. Furthermore, Houston developers are able to use private covenants and deed restrictions that end up controlling the area to fill in the gaps that a lack of zoning creates. Deed restrictions initiated by a developer cover all property within a subdivision and can last for over 30 years, continuously regulating development. Though these methods come from private groups, they are accepted by any resident of a deed-restricted community and are legally enforceable within the city. As stated by the City, deed restrictions are “for the benefit of all residents, citizens, and taxpayers of the City, and to promote the health, safety, morals, and general welfare of the City.”

Additionally, the city’s municipal code requires that apartment buildings have more parking spaces than they have residents, that each single-family home has a certain size plot of land, and that major intersections be at least 600 feet apart. These types of regulations contribute to the difficulty of pedestrian life in Houston, increasing the reliance on the automobile that makes Houston such a sprawling city. As we have discussed, the cities that developed as “walking cities” have narrow streets and very compact development, but Houston is quite the opposite. As a major Sunbelt city, it developed through the use of the automobile, cheap land, and cheap labor, which can all be seen in the reasoning for the municipal code.

However, though Houston has many development regulations, the city does not have land use regulations, which influences the growth and shape of the city. It seems that in Houston, land separation is fueled mostly by economic reasons instead of regulated zoning. With this in mind, while it is possible for an oil-refinery to be built in the middle of a mega-mansion neighborhood, it is unlikely because it will not create a high economic profit for any of the parties involved. Instead, refineries and factors place themselves along railways and interstates while gas stations put themselves at busy intersections. If a business arises in a residential area, it will have to have a strong and local enough clientele to survive each fiscal year, and thus planners are very sensitive to the demands of the area. This attention to consumer needs is something that is much more refined in the unzoned city planning market than in politics or bureaucracies.

Karkkanien, Bradley. "Zoning: A Reply to the Critics." Journal of Land Use & Environmental Law. 1994. http://www.law.fsu.edu/journals/landuse/vol101/karkkain.html

Salzman, James. “Houston says no to zoning.” Freeman. August 1994. http://www.thefreemanonline.org/columns/houston-says-no-to-zoning/

“Planning and Development Department - Our History.” City of Houston. http://www.houstontx.gov/planning/AboutPD/pd_history.html