{"id":1915,"date":"2021-12-24T11:00:00","date_gmt":"2021-12-24T16:00:00","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=1915"},"modified":"2024-04-25T23:19:22","modified_gmt":"2024-04-26T03:19:22","slug":"houston-the-zoning-free-city-right","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/houston-the-zoning-free-city-right\/","title":{"rendered":"Houston: The Zoning-Free City. Right?"},"content":{"rendered":"\n
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Some interesting real estate law news has come from Texas. In 2021 the Texas Supreme Court said Houston may regulate some development, without breaking the city\u2019s unusual no-zoning rule.<\/p>\n\n\n\n

Wait. Houston has a no-zoning rule? And the state\u2019s high court is endorsing ways to regulate around it? Let\u2019s see what\u2019s going on here.<\/p>\n\n\n\n\n\n\n\n

That\u2019s Right: No Zoning. It\u2019s Barred by the Houston City Charter.<\/strong><\/h2>\n\n\n\n

There is, officially, no zoning in Houston, the fourth-largest U.S. city.<\/p>\n\n\n\n

Now, getting to the crux of the court case, Houston does have a historic preservation ordinance. Isn\u2019t that a form of zoning?<\/p>\n\n\n\n

Well, the state Supreme Court in June 2021 upheld the preservation ordinance. In order to uphold it, the court had to declare that it\u2019s not<\/em> zoning.  <\/p>\n\n\n\n

The backstory? Developers have been challenging the city over preservation codes for years. So the court\u2019s holding, Powell v. City of Houston<\/em><\/a>, is a big win for the history buffs. And perhaps it\u2019s an end run around the zoning prohibition. After all, Houston residents have tried three times to adopt zoning through the ballot box. Maybe they\u2019re getting their way through the court.<\/p>\n\n\n\n

The City Says Historic Preservation Is a Matter of Home Rule, Not Zoning.<\/strong><\/h2>\n\n\n\n
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Developers are known for exerting a great deal of influence on Houston\u2019s city planning. So, high-rise apartments get built in the midst of individual homes. Many say Houston\u2019s no-zoning charter leaves Houston vulnerable to market-driven developers and disempowers ordinary residents.<\/p>\n\n\n\n

Yet under its 1995 historic preservation ordinance, Houston has picked up some leverage. It can create districts, protect landmarks, and set aesthetic standards. The city says this is like regulating for safety or stormwater management. Traditional zoning matters, in contrast, involve things like separating commerce from residential areas.<\/p>\n\n\n\n

The Texas court case affirmed that. But several of the judges were concerned that historic preservation could become tantamount to zoning, especially if the city rules out specific kinds of development in its designated historic districts.<\/p>\n\n\n\n

Indeed, Houston\u2019s historic districts can actually set limits on what developers do. And the city has so far bestowed historic designations on 22 districts.<\/p>\n\n\n\n

What are the real-life impacts? When the rental property developers press in, people can petition for their areas to be classified as historic. In effect, people are using district-making in place of zoning to push back against change.<\/p>\n\n\n\n

Several High-Profile Public and Nonprofit Measures Can Influence City Planning.<\/strong><\/h2>\n\n\n\n

Houston\u2019s codes guide setbacks and walkable design, particularly near transit lines \u2014 though not all rules are mandatory. Evolving planning measures include:<\/p>\n\n\n\n