2/ A cornerstone of single-family zoning, minimum lot size provisions state that a certain type of home can only be built on a certain size property. They reduce affordability by making it more restrictive (and thus expensive) to build new homes or accessory dwellings.
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3/ They also lead to sprawl, longer commutes, and segregation. For that reason, legal scholar Paul Boudreaux called them “perhaps the most significant, and underappreciated” form of exclusionary zoning in an excellent 2016
@MaineLawReview takedown. https://digitalcommons.mainelaw.maine.edu/cgi/viewcontent.cgi?article=1017&context=mlr …Prikaži ovu nit -
4/ Despite these problems, minimum lot size req's are on the rise in the US, according to a new
@nberpubs working paper: in a 2006 survey, 84% of communities had minimum lot sizes; that's now up to 94% ("almost omnipresent"). https://www.nber.org/papers/w26573Prikaži ovu nit -
5/ And minimum lot sizes seem to be getting ... less minimal. Over a third of communities now have a minimum of at least one acre, up from a quarter in 2006. That means there are now more places across the country where, if you don’t have an acre of land, you can’t build a home.
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6/ You might say: That's what people want! Not always. A 2019
@mercatus paper by@mnolangray and@salimfurth studied Texas metros and found a high concentration of lots near the minimum, suggesting that developers use the legal requirement - not market preference - as guide.Prikaži ovu nit -
7/ In other words, even in car-oriented Texas suburbs, the residential market seems to want more density than developers are legally allowed to provide. Here's that full paper - https://www.mercatus.org/system/files/gray-minimum-lot-size-mercatus-research-v3.pdf … And here's an excellent summary in
@StrongTowns -https://www.strongtowns.org/journal/2019/6/19/do-minimum-lot-size-rules-matter …Prikaži ovu nit -
8/ It's not just developers. A 2017 study by
@UrbanLandInst and@TernerHousing found that minimum lot size req's are the single biggest factor in determining whether or not a property owner builds an accessory dwelling unit (ADU) or a backyard cottage. http://ternercenter.berkeley.edu/uploads/ADU_report_4.18.pdf …Prikaži ovu nit -
9/ Given the long legal legacy (dating to 1942 case law), Boudreaux doubts that communities will change on their own. Instead he calls for a more forceful approach: “using *state* law to compel local governments to abandon, or at least moderate, their minimum lot size laws.”
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10/ California has done just that. On January 1, laws went into effect encouraging ADUs -- with no minimum lot size requirements. Whether that opens the floodgates to wider change, or rather strengthens the resistance, is something cities everywhere will be watching.
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And to develop a substandard small lot, most cities require an expensive and exhaustive Zoning Variance process which require special findings by a Planning Commission in a public hearing to build a unit of housing.
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