Zoning Without Zoning

4 minute read

November 24, 2003, 12:00 AM PST

By Michael Lewyn

Although Houston is the only major American city with no formal zoning code, the city's land use regulations have historically been nearly as meddlesome, as pro-sprawl, and as anti-pedestrian as zoning in other American cities -- and have yielded similar results.

Photo: Michael Lewyn Houston, Texas is the only large American city with no formal zoning code -- yet Houston has all the sprawl and associated ills of other Sunbelt cities. Houston is less dense than most big cities, and Houstonians drive more than in most big cities. Does it then follow that sprawl is the result of consumer choice rather than of government meddling?

Not necessarily -- because what other cities achieve through zoning, Houston achieves through several land use regulations.

Like other cities' zoning codes, Houston's municipal code creates auto dependency by artificially spreading out the population. Until 1999, the city required all single-family houses to gobble up 5,000 square feet of land. Although this limit is less rigid than minimum lot sizes in most suburbs, the city's statute nevertheless insures that many residents will be unable to live within walking distance of a bus stop, which in turn means that those residents will be completely dependent on their cars. In 1999, the City Council partially deregulated density in neighborhoods closer to downtown. But since 98% of the city's housing was built before 1999, this change in the law is of little importance.

Houston's parking regulations also create automobile dependency by encouraging driving and discouraging walking. Under Houston's city code, virtually every structure in Houston must supply plenty of parking. For example, apartment buildings must have even more parking spaces than residents; landlords must supply 1.25 parking spaces for each efficiency apartment and 1.33 parking spaces for every bedroom. Offices, supermarkets, and other businesses are subject to similar restrictions. Such parking regulations discourage walking by forcing pedestrians to navigate through massive parking lots (and to dodge the vehicles driving them) to reach shops or jobs. And where walking is uncomfortable, most people will drive. In addition, minimum parking requirements, by taking land for parking that could have been used for housing or businesses, also reduce density, thus making the city less compact and more auto-dependent.

Houston's street design rules also make life more difficult for pedestrians. The city code requires most major streets to have a 100 foot right-of-way and residential streets must have a 50-60 foot right-of-way. Thus, Houston's streets can be up to 100 feet wide. By contrast, most modern streets are 32-36 feet wide, and pre-World War II streets are usually 28-30 feet wide. Such wide streets are difficult for pedestrians to cross because a wider roadway takes longer to cross, thus increasing the amount of time a pedestrian is exposed to traffic. And because wider roadways are designed for faster speeds, such roads are more dangerous for pedestrians.

Houston's block designs are equally unhelpful to pedestrians. The city code mandates that intersections on major streets be 600 feet apart. By contrast, a recent Environmental Protection Agency report recommends that for "a high degree of walkability, block lengths of 300 feet...are desirable." Houston's long, intersection-free blocks deter walking because a block with few intersections gives pedestrians few places to cross the street and few means of reaching a destination on a side street.

Finally, government at all levels has accelerated sprawl by building more roads to the urban fringe in Houston than in other cities. For example, Chicago has more than twice as many residents as Houston, yet has only 10% more freeway miles. Big Brother's reckless road building has encouraged development to shift to newer areas with minimal bus service -- but apparently has done little to reduce traffic congestion. According to the Texas Transportation Institute, Houstonians lost 36 hours per person in 1999 to traffic congestion, more than all but three other American cities (Los Angeles, San Francisco and Dallas).

In sum, Houston's land use regulations have historically been nearly as meddlesome, as pro-sprawl, and as anti-pedestrian as zoning in other American cities -- and have yielded similar results. The good news is that Houston is beginning to change its ways: minimum lot size requirements were loosened in 1999, and widened roads are actually beginning to become controversial. But it may take decades of real deregulation to undo the damage caused in the late 20th century.



Michael Lewyn teaches at Rutgers School of Law-Camden at the State University of New Jersey.

 

View More
portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Small rural USPS post office in manufactured one-story grey building with American flag in front.

Delivering for America Plan Will Downgrade Mail Service in at Least 49.5 Percent of Zip Codes

Republican and Democrat lawmakers criticize the plan for its disproportionate negative impact on rural communities.

February 12, 2025 - Cowboy State Daily

Chicago

Test News Post 1

This is a summary

April 8 - 2TheAdvocate.com

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog

Military humvee driving through gate at Fort Indiantown Gap Natl Guard training center in Pennsylvania surrounded by winter trees and dead leaves.

Balancing Bombs and Butterflies: How the National Guard Protects a Rare Species

The National Guard at Fort Indiantown Gap uses GIS technology and land management strategies to balance military training with conservation efforts, ensuring the survival of the rare eastern regal fritillary butterfly.

February 24 - Esri Blog