Zoning is the tool by which local governments regulate land use and development in specific areas. It divides a city or jurisdiction into different zones, such as residential, commercial, or industrial, each with its own set of rules regarding what can be built and how the land can be used.
For more than 100 years local governments have enacted increasingly strict rules that control how and where private property can be used. Whether zoning was permissible at all was an open question until 1926, when the U.S. Supreme Court upheld the practice in a case called Euclid v. Ambler. And after a century of abuse, overly restrictive zoning has led directly to today’s housing affordability crisis and infringed on Americans’ right to use their property as they see fit.
After over 100 years of municipalities enacting zoning policies that prioritizes single-family zoning, Americans are struggling to afford housing in communities across the country. By excluding most land uses outside of single-family housing in residential zones, municipalities limited the amount of available land for builders to construct new housing. That strained supply, coupled with growing demand, has driven up housing prices. Now, more than 100 different jurisdictions in recent years have reformed their zoning policies to create more housing. State legislatures are also passing laws encouraging, and in some cases even requiring, cities to implement more inclusionary zoning policies.
A growing body of research shows that zoning reforms are creating new housing, which is alleviating affordability issues.
Nationally, momentum is starting to grow around the need to reform local zoning laws. If you’re interested in helping pass zoning reform in your community, it’s important to first do your research. Review your municipality’s zoning code, determine if your community has a board in charge of zoning matters, and if so, find out whether they are already pursuing less exclusionary zoning [link] practices. If not, consider organizing community support behind the need to reform local zoning regulations. You can do that by organizing a group on social media or in person who will rally for this issue. From there you should consider organizing community events, attending city council meetings or speaking with local elected leaders, and/or spreading awareness about this issue and why zoning reform is important.
The Institute for Justice is working to secure zoning reforms across the country through a variety of means. We’re pursuing meaningful victories in courts across the nation that preserve’s Americans’ rights to use their properties as they see fit, meeting and lobbying state legislatures to pass laws that would ease the burdens of local zoning laws, and partnering with local groups to organize grassroots efforts encouraging cities and towns to reform their zoning regulations.
“Missing Middle” refers to a range of multi-unit housing types, such as duplexes, triplexes, townhomes, and small apartment buildings, that bridge the gap between single-family homes and high-density apartments. These housing options are designed to provide affordable and diverse living spaces in walkable, urban neighborhoods. The missing middle has gained attention as a solution to the growing housing affordability crisis communities are experiencing across the country.
Inclusionary zoning is a land-use policy that requires or encourages the construction of multiple types of housing such as single-family homes, duplexes, triplexes, and more. By including more types of housing in the permitted uses of a residential zone, it allows developers to build more types of housing. That in turn creates more affordable housing, which allows more Americans to enjoy a central part of the American Dream: homeownership.
Exclusionary zoning is a land-use policy used for decades to exclude various types of housing, often creating entire neighborhoods or communities of just single-family homes. By zoning whole parts of cities and towns for a single type of land use, fewer homes are built, which means housing becomes less affordable. That in turn makes homeownership less attainable for more Americans.
An Accessory Dwelling Unity (ADU) is a second residential unit located on the same lot as a primary dwelling. It may be attached to the main house, detached, or even converted from an existing structure like a garage. ADUs provide additional housing options within neighborhoods and are often used for rental income or for housing family members. Regulations for Accessory Dwelling Units vary from place to place. However, a growing number of cities and states have passed legislation to encourage the development of ADUs as a means of addressing housing affordability issues.
A granny flat is a type of Accessory Dwelling Unit designed to house an elderly family member. These units are typically smaller and may be attached or detached from the primary residence on a property. They offer a way for families to provide care and living space for aging relatives while maintaining some independence. Some municipalities have specific rules granny flats, however they are often tied to broader ADU policies, such as occupancy restrictions, size limits, and parking requirements.
A Junior Accessory Dwelling Unit (JADU) is a small, secondary living space within a single-family home, typically no more than 500 square feet. Unlike traditional ADUs, JADUs are often created by converting existing space, like a bedroom or garage, and sometimes have a separate entrance and kitchenette. JADUs offer an affordable housing solution for homeowners looking to add living space for family members, renters, or as a home office.
A duplex is a type of residential building that consists of two separate living units, either side by side or one on top of the other. Each unit in a duplex has its own entrance, kitchen, and living spaces, making it a popular option for homeowners or investors. Duplexes can offer a more affordable housing solution for families or individuals, while also providing rental income opportunities for owners.
Local municipal zoning regulations dictate where duplexes may be built. Increasingly, municipalities such as Arlington County, Virginia, Minneapolis, Minnesota, Houston, Texas, and more, have begun allowing duplexes and other small “Missing Middle” housing options such as triplexes to be built in neighborhoods previously zoned exclusively for single-family homes. Doing so allows communities to increase density without drastically changing the “character” of neighborhoods or placing additional burdens on public infrastructure.
Tiny homes are small, compact dwellings that typically range from 100 to 400 square feet in size, designed for simplified and minimalist living. These homes are often built on trailers, making them portable, and are equipped with all the essentials, including a kitchen, bathroom, and sleeping area. Tiny homes are becoming increasingly popular for those looking to reduce their carbon footprint, lower living costs, or live a more intentional lifestyle.
Learn more about the legal landscape for tiny homes here.
Housing Abundance and Affordability
Zoning has been a major contributor to America’s current housing crisis. Zoning laws make it unnecessarily difficult for builders and property owners to meet growing demand. And zoning also makes it illegal for people of lesser means to select traditionally less expensive options, like mobile homes, tiny houses, duplexes, or ADUs.
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