Exclusionary zoning
Encyclopedia
Exclusionary zoning
is a term that, in the United States, has come to be applied to local zoning measures that appear to impose unnecessary or unjustifiable costs or requirements facially or by execution excluding various groups of ‘undesirables.'
Before the 1960’s, these measures were generally seen as a means to maintain or improve living conditions, community, open space, aesthetics, etc. It wasn’t until relatively recently that courts turned away from local interests to regional impact on housing holding exclusionary zoning to be unlawful in certain circumstances.
"Inclusionary zoning
" refers to municipal and county planning ordinances
that require that a given share of new construction be affordable housing for people with low to moderate incomes and is derived to counter exclusionary zoning practices.
zoning based on economic income was justified and set the stage for beyond use-based zoning: “This segregation, once applied only to incompatible uses, is now applied to every use. A typical contemporary zoning code has several dozen land-use designations; not only is housing separated from industry but low-density housing is separated from medium density housing, which is separated from high density housing.” In addition to economic segregation, cases regarding racial segregation through zoning began to pop up mid-century. It was until the late 1960’s and early 1970’s along with the Civil Rights movement
and the Fair Housing Act that the constitutional inequities being created through exclusionary zoning started to successfully be held up in court. Today, whether a case deems a zoning ordinance exclusionary depends on the state and the court as much as the details of the zoning ordinance and city involved, though there appears to be a trend of stricter review of local zoning ordinances. While courts in zoning's early years often tipped the scales in favor of less interference with local legislation, in many states this has changed: as courts have grown jaded due to the practice of zoning authorities to both over and under-regulate the intensity of their review.
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
is a term that, in the United States, has come to be applied to local zoning measures that appear to impose unnecessary or unjustifiable costs or requirements facially or by execution excluding various groups of ‘undesirables.'
Before the 1960’s, these measures were generally seen as a means to maintain or improve living conditions, community, open space, aesthetics, etc. It wasn’t until relatively recently that courts turned away from local interests to regional impact on housing holding exclusionary zoning to be unlawful in certain circumstances.
"Inclusionary zoning
Inclusionary zoning
Inclusionary zoning, also known as inclusionary housing, is an American term which refers to municipal and county planning ordinances that require a given share of new construction to be affordable by people with low to moderate incomes...
" refers to municipal and county planning ordinances
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
that require that a given share of new construction be affordable housing for people with low to moderate incomes and is derived to counter exclusionary zoning practices.
History
With the 1926 case of the Village of Euclid, Ohio v. Ambler Realty Co.Village of Euclid, Ohio v. Ambler Realty Co.
Village of Euclid, Ohio v. Ambler Realty Co., , more commonly Euclid v. Ambler, was a United States Supreme Court case argued in 1926...
zoning based on economic income was justified and set the stage for beyond use-based zoning: “This segregation, once applied only to incompatible uses, is now applied to every use. A typical contemporary zoning code has several dozen land-use designations; not only is housing separated from industry but low-density housing is separated from medium density housing, which is separated from high density housing.” In addition to economic segregation, cases regarding racial segregation through zoning began to pop up mid-century. It was until the late 1960’s and early 1970’s along with the Civil Rights movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
and the Fair Housing Act that the constitutional inequities being created through exclusionary zoning started to successfully be held up in court. Today, whether a case deems a zoning ordinance exclusionary depends on the state and the court as much as the details of the zoning ordinance and city involved, though there appears to be a trend of stricter review of local zoning ordinances. While courts in zoning's early years often tipped the scales in favor of less interference with local legislation, in many states this has changed: as courts have grown jaded due to the practice of zoning authorities to both over and under-regulate the intensity of their review.
Examples
- Many wealthy suburban communities have single family residential areas zoned such that very large and expensive lots, and architectural features are required of development.
- Zoning that requires expensive features such as large lots, elaborate architectural detail, or other features inherently exclude people who cannot afford those features.
Case History
- 1926 Village of Euclid, Ohio v. Ambler Realty Co.Village of Euclid, Ohio v. Ambler Realty Co.Village of Euclid, Ohio v. Ambler Realty Co., , more commonly Euclid v. Ambler, was a United States Supreme Court case argued in 1926...
272 U.S. 365: Established right to zone; economic segregation justified - 1942 Simon v. Town of Needham 419 Pa. 504: 1 acres (4,046.9 m²) lot size upheld
- 1949 Duffcon Concrete Products v. Cresskill 1. N.J. 509: Total exclusion of LULUs upheld
- 1952 Lionshead v. Wayne 10 N.J. 165: Floor space provision upheld; prevention of ‘shanties’ justified
- 1965 National Land and Investment Co v. Kohn 419 Pa. 504: 4 acres (16,187.4 m²) lot size struck down
- 1970 Appeal of Girsh 437 Pa. 237: Luxury apartments allowed because they are “not a burden”
- 1975 NAACP v. Mount Laurel 67 N.J. 151: Established Fair Share/“realistic opportunity for low income housing”
- 1976 Associated Home Builders v. Livermore 18 Cal.3d 582: Infrastructure limitations served as shield to prevent development
- 1977 Arlington Heights v. Metropolitan Housing Corp.Arlington Heights v. Metropolitan Housing Corp.Village of Arlington Heights v. Metropolitan Housing Development Corp, 429 U.S. 252 , was a case heard by the Supreme Court of the United States dealing with a zoning ordinance that in a practical way barred families of various socio-economic, and ethno-racial backgrounds from residing in a...
429 U.S. 252: Reinforced parochial zoning; Disparate Impact Test failed - 1979 Home Builders v. Berlin 81 N.J. 127: Minimum floor space struck down
- 1981 Robinson v. Knoll 410 Mich. 293: Prohibiting Mobile homes deemed an invalid exercise of police power
- 1983 Mount Laurel II 92 N.J. 158: Gave “teeth”/implementation forces to Fair Share rule
- 1988 NAACP v. Huntington 844 F.2d 926: Disparate Impact Test won
- 1991 Britton v. Town of Chester 134 N.H. 434: Multifamily zoning effectively exclusionary; regional scale perspective
- 1995 City of Edmonds v. Oxford House Inc. 514 U.S. 725: “Reasonable Accommodation” in flux