Land Use Regulations March 29, 2016

Building Codes Building codes are municipal ordinances that set minimum standards for the types of materials used in construction, building design, and construction methods employed in all buildings within the city. In Houston, builders must purchase a permit from the city and submit a plan that the city must approve. As the building goes up, it is subject to inspection.

Housing Codes Housing codes are local ordinances requiring all dwelling places in a city to meet certain standards of upkeep and structural integrity. Buildings that are declared to be dangerous can be demolished if they are not brought up to code. What’s the difference between building and housing codes? Building codes cover construction. Housing codes cover ongoing upkeep and structural issues of residential housing after it is built.

Zoning Zoning is the governmental designation of tracts of land for industrial, commercial, or residential use. Houston is the largest city in the nation without zoning. Houston voters rejected proposed zoning ordinances in 1948, 1962, and 1993.

Pros and Cons of Zoning Arguments in Favor Zoning can protect and enhance property values. Zoning can help to implement the community goals and objectives of a comprehensive plan. Zoning can conserve existing neighborhoods and structures. Zoning can prevent the mixing of incompatible land uses (such as erotic dance clubs and schools). Arguments Against Zoning requires that all involved property owners relinquish some of their individual property freedoms for the common good. Zoning can discourage some development in some locations. Zoning can increase the cost of building new structures. Zoning can work against historic mixed use neighborhoods in older communities.

More Zoning Pros and Cons Arguments in Favor Zoning can allow potential nuisance uses to be located away from residential neighborhoods or other sensitive areas. Zoning can provide for better lot arrangement. Zoning can protect recreational areas and open space. Zoning can conserve environmentally sensitive areas. Zoning can ensure the availability of an adequate number of parking spaces. Arguments Against To a certain extent, zoning limits the development potential of previously existing land uses and structures that do not conform with the zoning’s standards. Properly enforcing a zoning ordinance involves a long-term commitment to a certain level of community spending.

Deed Restrictions Most modern subdivisions have deed restrictions, which are private contractual agreements that limit what residential property owners can do with their houses and land. Deed restrictions either do not exist or are no longer enforced in many of the city’s older neighborhoods. Deed restrictions are different from zoning because they are private agreements rather than governmental regulations. They are also piecemeal rather than comprehensive.

Houston Land Use Issues

Heights Walmart On Yale, South of Katy Freeway Why were neighborhood groups opposed to the Heights Walmart?

Ashby High Rise Area property owners won a lawsuit against the developer who was forced to pay damages to 20 area residents of $1.2 million for loss of property value. The ruling is on appeal. But the judge refused to block construction, so both sides may appeal.

Proposed San Felipe Office Tower Kirby and San Felipe Two separate lawsuits have been filed by area residents against this project.

Condo Owners v. Senior Living Luxury condo owners are suing to block construction of a senior living facility on South Shepherd. They believe that emergency vehicle traffic will reduce their property values.

Quiz What’s the difference between zoning and deed restrictions? A)Zoning is governmental; deed restrictions are private. B)Zoning is typically less comprehensive than deed restrictions. C)Zoning limits private property rights; deed restrictions do not. D)All of the above The answer is A.

What You Have Learned What are building codes? What are housing codes? What is zoning? What are the pros and cons of zoning? Do most cities zone? Does Houston? What are deed restrictions? What are some of the recent land use issues in Houston?