Zoning Rules

"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.

Land use controls can affect the quality of the environment, the provision of public services, the distribution of income and wealth, the development of natural resources, and the growth of the national economy. The Economics of Zoning Laws is the first book to apply the modern economic theory of property rights to all major aspects of zoning. Zoning laws are neither irrational constrints on otherwise efficient markets nor disinterested attempts to correct market failure. Rather, zoning must be viewed as a collective property right, vested in local governments and administered by politicians who rationally repsond to their constituents and to developers as markets for development rights arise. The Economics of Zoning Laws develops the economic theories of property rights and public choice and applies them to three zoning controversies: the siting of a large industrial plant, the exclusionary zoning of the suburbs, and the constitutional protection of propery owners from excessive regulation. Economic and legal theory, William Fischel contends, suggest that payment of damages under the taking clause of the Constitution may provide the most effective remedy for excessive zoning regulations.

It's time for America to move beyond zoning, argues city planner M. Nolan Gray in Arbitrary Lines: How Zoning Broke the American City and How to Fix It. With lively explanations, Gray shows why zoning abolition is a necessary--if not sufficient--condition for building more affordable, vibrant, equitable, and sustainable cities. Gray lays the groundwork for this ambitious cause by clearing up common misconceptions about how American cities regulate growth and examining four contemporary critiques of zoning (its role in increasing housing costs, restricting growth in our most productive cities, institutionalizing racial and economic segregation, and mandating sprawl). He sets out some of the efforts currently underway to reform zoning and charts how land-use regulation might work in the post-zoning American city. Arbitrary Lines is an invitation to rethink the rules that will continue to shape American life--where we may live or work, who we may encounter, how we may travel. If the task seems daunting, the good news is that we have nowhere to go but up

Revised volumes by Douglas Scott MacGregor, 2000-

Explains why government policies favor elites over the masses, building on well-established theories from the social sciences.

City Rules offers a challenge to students and professionals in urban planning, design, and policy to change the rules of city-building, using regulations to reinvigorate, rather than stifle, our communities. Emily Talen demonstrates that regulations are a primary detriment to the creation of a desirable urban form. While many contemporary codes encourage sprawl and even urban blight, that hasn't always been the case-and it shouldn't be in the future. Talen provides a visually rich history, showing how certain eras used rules to produce beautiful, walkable, and sustainable communities, while others created just the opposite. She makes complex regulations understandable, demystifying city rules like zoning and illustrating how written codes translate into real-world consequences. Most importantly, Talen proposes changes to these rules that will actually enhance communities' freedom to develop unique spaces.