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How Houston gets along without zoning

Posted by: Peter Coy on October 01

HoustonHouston is a different kind of town. Brash, booming, it has sprawl and air pollution, but also vibrancy and a can-do spirit. One of the things that really makes Houston different is its absence of a zoning code. That absence strikes many people in the rest of the country as quirky in the extreme, if not downright dangerous. CB Richard Ellis, the big property company, fields a lot of questions about land use in Houston. The following is an article in the second-quarter edition of Investment Research Quarterly, a publication of CB Richard Ellis Investors LLC.

What No Zoning Really Means …

Houston is well known as the only major U.S. city with no formal zoning code. Such a seeming lack of order is difficult to grasp by those unfamiliar with the area. The absence of a comprehensive land use code conjures up images of a disjointed landscape where oil derricks sit next to mansions and auto salvage yards abut churches. To some degree these anomalies exist, yet for the most part Houston is like any other large North American city.

What is unique about Houston is that the separation of land uses is impelled by economic forces rather than mandatory zoning. While it is theoretically possible for a petrochemical refinery to locate next to a housing development, it is unlikely that profit-maximizing real-estate developers will allow this to happen. Developers employ widespread private covenants and deed restrictions, which serve a comparable role as zoning. These privately prescribed land use controls are effective because they have a legal precedence and local government has chosen to assist in enforcing them.

Some investors are understandably apprehensive about the lack of clearly defined rules. Houston developers have long recognized these concerns and have responded, particularly in suburban markets, by producing planned business and industrial parks that have rigorous covenants and deed restrictions. Not surprisingly, the sites receiving the attention of institutional investors, especially in suburban markets, tend to be in planned parks.

Is Houston a relic of the past of land use, or the wave of the future?
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Addendum:
Right after I posted the above item I got an email from Nancy Sarnoff, a reporter for the Houston Chronicle, pointing out that land use remains a very live issue in Houston. Mayor Bill White, for one, is trying to stop construction of a 23-story high-rise in a neighborhood of single-family houses.

Here’s a link to her article in today’s paper. Thanks, Nancy.

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Reader Comments

Piotr Pasciak

November 2, 2008 08:35 AM

Interesting, this lack of zoning in Houston is on my spatial planning exam. Quite a peculiar city this is, especially to Europeans.

Stephen Smith

December 13, 2008 02:10 AM

It's disingenuous to say that Houston has no zoning without mentioning that it does have strict, minimum parking regulations, strict minimum lot size regulations, and wide streets and long blocks. Though it might not have traditional single-use Euclidean zoning regulations, it does have a lot of strictures that limit density and discourage walkability and feasibility of mass transit.

http://rationalitate.blogspot.com/2008/12/is-houston-really-unplanned.html

Bob

February 12, 2009 01:04 PM

I used to live in Houston. Interestingly enough, since pretty much any residential area in Houston is covered by CC&Rs due to no zoning, I actually have more property rights where I live now with zoning than I did in Houston. Libertarians would have you believe that things like zoning result in fewer freedoms, but in reality that isn't the case.

downtowner

July 1, 2009 03:17 PM


Houston is this huge, complicated city that is hard to pin down or even understand. The suburbs are endless beige McMansions and Wal-Marts, while central Houston has an energetic and for-real arts scene including the largest art car parade in the world. The suburbs are strictly controlled by their unelected 'Homeowner's Association's that make sure everyone paints their house beige and has a nice car in the driveway (in extreme, but common cases). In town, there are no homeowner associations, no zoning, no controls of any kind beyond basic ticketable offenses like never mowing your lawn (though nothing that says you have to have a lawn if you don't want to!). And hey Stephen, the lot size and setback requirements were all repealed within the I-610 loop ten years ago, which is why they're now building 3-6 three storey townhomes, attached to each other buy independent structures, on the lots that formerly held a single 1920s-1950s home. Yes, parts of central Houston are approaching European density and higher- most of the townhomes in London have small backyards, the new ultra-dense central Houston neighbourhoods have zero or nearly zero land around them at all- only driveway entrances to each unit's 2 car garage that occupies the entire first floor. So yeah, Houston is a peculiar city.. but not simple or easy to put in a cubby-hole. If you visit, just don't make any opinions until you have seen CENTRAL Houston. Give the suburbs a pass..

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About

BusinessWeek editors Chris Palmeri, Prashant Gopal, Peter Coy, and Dean Foust chronicle the highs and lows of the housing and mortgage markets on their Hot Property blog. In print and online, the Hot Property team first wrote about the potential downside of lenders pushing riskier, "option ARM" mortgages and the rise in mortgage fraud back in 2005—well ahead of many other media outlets. In 2008, Hot Property bloggers finished #1 in a ranking of the world's top 100 "most powerful property people" by the British real estate website Global edge. Hot Property was named among the 25 most influential real estate blogs of 2007 by Inman News.

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