Exclusionary zoning is a type of land-use regulation that restricts the types and sizes of buildings that can be built in certain areas, often with the effect of preventing certain types of housing, such as apartments or affordable housing, from being built in a neighborhood or town.
The goal of exclusionary zoning may vary, but it often serves to preserve the character of a community or to maintain property values. However, restricting land usage can also lead to economic and racial segregation by making it impossible for lower-income people to live in certain areas.
What Is An Example of Exclusionary Zoning?
One common exclusionary zoning example is minimum lot size requirements. For instance, a zoning ordinance might require that homes in a certain area be built on lots of at least one acre. This effectively makes housing in that area unaffordable for lower-income individuals or families, as larger lots are more expensive to buy and maintain.
Other examples could include restrictions on multi-family housing, such as apartment buildings or duplexes, in certain neighborhoods, or regulations that require houses to meet certain aesthetic standards, such as size, architectural style, or materials, that make them more expensive to build.
- Restrictions on Multi-family Housing: Imagine a developer plans to construct an apartment complex in a suburban neighborhood that is predominantly single-family homes. The local zoning ordinance, however, only allows single-family dwellings in that area. This is a form of exclusionary zoning because it restricts the kind of housing (i.e., multi-family housing like apartments) that can be built, often limiting housing availability and affordability.
- Aesthetic Standards – Size: In an upscale neighborhood, a zoning ordinance might require that all homes have a minimum square footage, say 3,000 square feet. A builder who wishes to construct smaller, more affordable homes would be unable to do so due to this size restriction.
- Aesthetic Standards – Architectural Style: In a historical district, for example, zoning laws might dictate that all new constructions or renovations maintain a certain architectural style that aligns with the historical character of the area. This could make construction more expensive as specific materials, designs, or craftsmen may be needed, effectively pricing out potential residents or businesses.
- Aesthetic Standards – Materials: A zoning ordinance might require that all homes in a particular neighborhood be built using a certain type of material, such as brick or stone. These materials are generally more expensive than alternatives like vinyl siding or wood. A builder intending to construct more affordable houses using less expensive materials would be prevented from doing so.
In all these cases, while the zoning laws might be intended to maintain a certain character or aesthetic in the neighborhood, they could also serve to exclude certain populations by making housing less affordable.
Exclusionary zoning laws, while often enacted to preserve a certain aesthetic or character in a neighborhood, can inadvertently or indirectly lead to economic and social segregation. This is because these zoning laws can significantly increase the cost of housing, making it unaffordable for lower-income individuals or families.
Here are a few scenarios to illustrate how this might work:
- Minimum Lot Size: If a zoning law requires a minimum lot size of one acre for every home, the cost of land per home increases, making homes more expensive and thus unaffordable for lower-income families. As a result, only wealthier families would be able to afford to live in this area.
- Single-family Home Requirement: If a zoning law restricts a neighborhood to single-family homes only and prohibits multi-family dwellings like apartments or duplexes, it limits the supply of more affordable housing options. People who cannot afford to buy a single-family home but might be able to afford a unit in a multi-family building are thus excluded from living in that neighborhood.
- Aesthetic Standards: If a zoning law requires homes to adhere to specific architectural styles or use specific building materials, the cost of construction can increase, driving up home prices. For example, a requirement to use brick or stone instead of more affordable materials can make houses too expensive for lower-income families.
- Prohibition of Affordable Housing: In some cases, zoning laws might directly prohibit the construction of affordable housing in a neighborhood. This makes it impossible for people who rely on such housing to live in these areas.
These effects have led to controversy and legal challenges against such laws in many parts of the country.
How Do Exclusionary Zoning Ordinances Work?
Exclusionary zoning ordinances are passed by local governments and dictate what types of buildings can be constructed in certain areas. These ordinances might restrict land usage to single-family homes only, prohibit the construction of multi-family buildings or affordable housing, set minimum lot sizes, or set other types of restrictions.
If a developer or homeowner wants to construct a building that does not meet the zoning requirements, they typically must apply for a variance or a rezoning, both of which can be time-consuming and costly processes with no guarantee of approval.
Is Exclusionary Zoning Legal?
Exclusionary zoning has been a subject of legal debate. The Supreme Court has ruled that zoning is a legitimate exercise of a local government’s police power, but it also has held that zoning regulations cannot be used to exclude certain racial or ethnic groups, which is a practice known as racial zoning.
However, even though racial zoning is illegal, exclusionary zoning can often have a similar effect by making housing unaffordable for many people of color. Some states and local jurisdictions have passed laws to reduce the impact of exclusionary zoning, such as requiring that new developments include a certain percentage of affordable housing, but these laws vary widely and are not present everywhere.
Can an Attorney Help Me with My Exclusionary Zoning Problem?
Absolutely. If you believe you’ve been affected by an exclusionary zoning ordinance or if you’re having issues with zoning regulations in your area, it’s a good idea to speak with an experienced real estate lawyer. They can help you understand your rights, advise you on how to proceed, and represent your interests in any necessary legal proceedings.
In some cases, it may be possible to negotiate with local authorities to address the exclusionary zoning problem. An attorney can act as your advocate during negotiations, presenting compelling arguments and advocating for your interests. They can explore options for rezoning, variances, or other solutions that can help resolve the issue.
If negotiations and administrative remedies are unsuccessful, litigation may be necessary to challenge the exclusionary zoning ordinance or seek a remedy. A skilled property attorney can represent you in court, presenting your case before a judge or jury and advocating for a favorable outcome.
In addition to legal challenges, an attorney can explore alternative remedies to address the exclusionary zoning problem. This may include seeking legislative changes, engaging in community advocacy, or pursuing collaborative efforts with other affected individuals or organizations. Your attorney can help explore all available options and develop a strategy tailored to your specific circumstances.
Navigating zoning laws can be complex, so having an attorney on your side can make the process less daunting and increase your chances of a favorable outcome. LegalMatch is a reliable tool that can help you find a qualified property lawyer in your area. Let LegalMatch assist you today to ensure that your rights are properly defended.
