Jim Hlavac
Domestic Affairs
There is a zoning ordinance of one sort or another than covers nearly every
inch of land in America. Some ordinances are more stringent than others. But first
we should mention the great exception: Houston, Texas. There is no formal zoning
law of any type in the fourth largest city in America. To argue then that you can not
have a successful city without zoning is false. No matter your beliefs on the
esthetics of Houston, the fact remains that some 2 million people function amazingly
well in an urban environment without any zoning ordinance.
There is zoning in Houston of course, it just stems from the actions of all the
people involved in property development. The price of land in an office district is
too high to put in a mere junk yard. It is also true that like businesses will
congregate to the same place.
But Houston aside, we still have to look at zoning. Oddly, all the machinations of
zoning boards have produced exactly what the individual actions of people in
Houston have produced -- certain areas of town are good for certain things and
different uses are kept separate in one way or another.
For the most part though zoning ordinances are used by some individuals to
restrict other individuals from engaging in certain economic pursuits, supposedly
under the guise of "protecting the public." Yet when you look at so many provisions
of zoning codes its about where you should place a bar, or a store, or a business --
all decided by people more on moral grounds. The zoning ordinances really reflect
the esthetics and morality of a small group of interested people.
Zoning ordinances are also used to punish outsiders whom the local powerful
folks want to punish, such as many laws that prevented black owned businesses
from starting or growing, because of racism.
Now to appreciate zoning you have to understand that the limits imposed are
merely one set of beliefs by a small group of self-proclaimed experts about how
cities should be organized. There is no inherent goodness or badness in the size
of sign, the color of a building or the location of a store. It is part of the risk and the
thus the profit that an individual is willing to take. A man might paint his house
purple, though his risk is that he will get a less of a price when he goes to sell it than
if he had followed the white house convention. However, there is nothing
intrinsically wrong with a purple house.
Oddly, when there was some prior exception to the norm in a building or a land
use, now that the years have passed it is a historic landmark that must be
preserved. The zoning ordinances which enforce conformity ensure that there is
never going to be some landmark such as this. If every thing is the same what is
historically special?
Take the French Quarter in New Orleans, and a few surrounding
neighborhoods. They grew organically, without zoning. Businesses, building types,
sizes, colors, uses, and all sorts of economic and other human activity were put in a
great melange. Today it is historic -- yet this same sort of organic mix isn't possible
to duplicate because of the conformity that zoning brings. The city of New Orleans
basically zoned out all the businesses in the area, preventing people from walking
to the corner for something they needed. Now a car is required, and you have to
go to the big corporate center.
Zoning throughout the country did indeed cut down on the number of small
businesses by simply making it too expensive for a business to either open or
operate. Through government interference the small business man disappeared.
And what is the solution today? Why, more government programs to lure the small
business back in. What would be the simplest and most cost effective? Simply
eliminating most provisions of the zoning laws. There are 72 zoning districts in New
Orleans, for virtually every property there are a multitude of laws, rules, restrictions
and permits, making it prohibitive to do anything.
The zoning invites corruption and graft as the people wanting to get something
done have to go up against a bureaucracy which has only the sole purpose of
surviving. So there is so much red tape, expense and aggravation that a
businessman says the hell with it and does nothing, or doesn't do what he really
wants, thus limiting his right to survival.