Twenty Reasons
to Stay
Zoning-Free
Excerpted by permission of Property Rights Organization of Jefferson County, Iowa.
1. Zoning is Not the Inevitable Result of Progress
It
is an experiment in centralized control that has failed, often with devastating consequences.
2. Zoning Raises Taxes
Zoning
increases the complexity and cost of government with a whole new layer of bureaucracy.
Local governments can easily spend 65% of their time on zoning issues.
3. Zoning is Bad for Communities
The
purpose of zoning is to forcibly separate activities into different areas. It
makes residential areas deserted during the day and work areas deserted at night. This
decreases interaction among neighbors. When people work, shop and go to restaurants
all in the same area it creates a sense of community that is missing in a bedroom development.
4. Zoning Increases the Risk of Crime
When
residential areas are deserted during the day and work areas are deserted at night, and neighbors are strangers to each other,
it is easier for criminals to remain undetected while committing crimes. Zoning
also increases the risk of corruption of administrators.
5. Zoning Lowers Property Values
Reducing
the usefulness of property by limiting its uses and raising the property taxes decreases its value. Growth of prosperity in the whole area will be limited by zoning.
Zoning eliminates all buyers but for the one approved use.
6. Zoning is Bad for the American Dream
The
American values of independence, self-reliance and resourcefulness have their roots in the rural lifestyle. Zoning supporters think that by preventing people from building on farmland they are preserving the
rural lifestyle. The exact opposite is true.
Through higher taxes and building restrictions, they are driving more farmers out of business and more people out of
the country and into the development. The
goal of zoning is to gather houses together in controlled, centralized development.
7. Zoning Is Bad for Farmers
If
a farmer works off the farm as well as on the farm, that may disqualify him from having a farming exemption to zoning requirements. Zoning increases the cost of farming by raising property taxes on farmland and by
increasing compliance costs with zoning regulations. Even if agricultural uses
are not zoned, farmers’ residences will be. Zoning interferes with a farmer’s
children building a house on farmland and continuing the family farm.
8. Zoning Ordinances Can be Easily Changed to Be More
Restrictive
Once
zoning is passed, it is easy for officials to change the rules. In communities
where zoning has passed, it has gotten more restrictive as time goes on. Your home should be an expression of how you want to live. Some zoning rules actually say what color the outside
and inside of your house have to be.
9. Zoning Serves the Interests of the Rich and Well Connected
Wealthy
individuals and some developers can afford to locate where they want to or purchase enough land that they care not limited
by the zoning regulations. Wealthy interests can afford to petition and sue for
the variances they want. Zoning has historically been opposed most strongly by
the less wealthy who are more severely affected by limitations caused by zoning and are less likely to be able to afford the
cost of regulations and increased travel made necessary by zoning restrictions.
10. Zoning is bad for Churches
Zoning
ordinances prevent churches from locating near neighborhoods and from expanding.
11.Zoning Wastes Time
Zoning
creates regulatory red tape. This consumes lots of time and energy of property
owners getting permits, applying for zoning variances, or making costly changes to meet obscure and meaningless zoning rules.
12. Zoning Creates Conflict
Neighbors
will call the police to complain about minor violations of obscure zoning requirements instead of speaking to their neighbors
directly.
13. Zoning Stifles Positive Growth and Promotes Urbanized
Growth
Instead
of building where it makes sense, people will be forced to go where the zoning says, or seek area that is less regulated. Zoning creates lumps of closely packed, identical houses sharply bordered by other
areas of densely packed, one-use land.
14. Zoning is Bad for Business
By
not allowing businesses in residential areas, zoning discourages small businesses and innovation. Zoning just makes things worse with another layer of regulation.
15. Zoning Does Not Protect Neighborhoods
Ordinances
can be changed and zoning maps redrawn at any time at the whim of local county (or local) officials. Neighborhood residents must spend time and money petitioning the zoning board, usually against wealthy
interests.
16. Zoning is Inferior to Deed Restrictions
Deed
restrictions give better protection than zoning because the county officials are not able to change restrictions at will as
they are with zoning. Deed restrictions (known as easements or covenants) give
people the choice of living in controlled neighborhoods, while zoning gives them no choice.
(Covenants can be enforced directly by the property owner. – Ed.)
17. Zoning is Not Needed for Organization
Individuals
making informed choices can do a better job of organizing than central planners possibly can.
Any needed regulation would be better if applied universally to the entire county through a specific ordinance instead
of zoning. This process allows people to consider regulations one at a time and
only implement the ones that are needed. Many communities all over the country,
including the City of Houston, are organized very well without
any zoning at all.
18. Zoning
Shifts Land Ownership to Government
Officials
Instead
of citizens being free to use their property as they think best, zoning makes it so any use is assumed to be prohibited unless
proven otherwise. A permit is needed for most land uses. If a building is constructed that is not allowed by zoning, the government can have it demolished. Instead of actually owning the land, all you have is the right to pay rent on it in
the form of property taxes. The United States Supreme Court has started to recognize
this abuse of power.
19. Zoning is Bad for the Environment
By
limiting or removing usefulness of property, zoning removes incentives and motivation to improve, beautify and maintain that
property. By increasing the use of cars, zoning increases air pollution.
20. Zoning is a Bad Idea Whose Time Has Passed
The
first zoning ordinance in the United States was passed by New York City in 1916 as the idea of central control of the economy was gaining worldwide
popularity. Until that time efforts to pass zoning ordinances had been blocked
by the courts. They recognized that zoning is prohibited by the Fifth and Fourteenth
Amendments to the U.S. Constitution, which state that a person shall not be deprived of property without just compensation
and due process of law. You still own the property legally, but for practical
purposes, if you cannot use something it is not yours.
Central
control of the economy is a failed experiment of the twentieth century. Central
planning boards cannot anticipate the needs of the people. As the world moves
toward freedom and prosperity, we should not take a step backwards by imposing centrally planned land use in the form of zoning.