A Non-Zoning Success Story

I believe the NTC Zoning Ordinance is an unnecessarily rigid set of regulations based on a comprehensive plan that is already overtaken by events in Susquehanna County.

Some argue that we need zoning to protect us from the future. That might be believable if the future only would unfold the way the planners anticipate.

However, we now we face a "Gas Boom" which was not in the plan and which will impact our growth in ways driven by geology rather than a "plan". Since we can't predict the growth pattern accurately, it makes sense to be very flexible in adapting to it while preserving our rural lifestyle. Rural lifestyle means many things; to me, a big part is freedom from intrusive government controls that inhibit enjoyment of the present and restrict flexible adaptation to the future.

If inflexible zoning based on a comprehensive plan is the wrong solution, where can we look for a better approach? How about a place that has rapid growth with low costs and good living standards? Houston, Texas, is the non-zoning success story that planners learn about but don't tell you about.

Here are some excerpts from a recent article on this non-zoning success story :

"As cities across the nation reel from the steepest housing market decline since the 1930s, Houston’s real estate market is surprisingly strong. While new housing sales have fallen dramatically, they haven’t fallen as far or as steeply as in other cities across Texas or the nation. At least part of this resilience is due to the market-driven nature of the city’s land development process, including a real-estate market unencumbered by zoning.

More than 2 million people live within the city’s borders while another four million round out the metropolitan area. Houston may well emerge as the archtype city of the 21st century. Urbanist Joel Kotkin used the term “Opportunity Urbanism” to describe the city in a study for the Greater Houston Partnership, pointing out that Houston’s entrepreneurial drive, affordability, tolerance for diversity, and willingness to adapt to changing economic circumstance may well propel it to become the next U.S. megacity.

Underappreciated in the city’s success may be its uniquely flexible and adaptable approach to land-use regulation. Unlike every other major city in the US, Houston has shunned zoning regulation, preferring to leave choices about land uses up to the real estate market."

Sounds pretty good. But did it happen by chance with no controls? Not really:

"Despite the lack of municipal zoning, land development is not completely unregulated. Houston has adopted several statutes to set standards for infrastructure, parking, building setbacks, and building location. More importantly, in many parts of the city, private deed restrictions that limit future land uses run with the land, not the property owner. Nevertheless, substantial amounts of land are unrestricted by private deed, and property owners aggressively promote the flexibility and economic opportunity resulting by the lack of regulation."

In my "Zoning 101" post, I suggested alternatives to the NTC zoning based on township ordinances that set performance standards and allow free use of land provided those standards are met. It seems that Houston has been very successful in doing just that.

Our needs, priorities, and ordinances may be different, but we can benefit from Houston's example by keeping our freedom to "aggressively promote the flexibility and economic opportunity resulting by lack of regulation."