Zoning and race relations
Zoning refers to the practice of designating specific parcels of land for particular uses, such as residential, commercial, or industrial, and it is a critical tool for local governments in managing community development. While zoning can promote organized growth and enhance quality of life in neighborhoods, it also raises significant issues related to race and social justice. For example, zoning regulations can influence housing affordability by setting density limits and other construction standards that may disproportionately burden low-income households, often leading to the exclusion of marginalized communities.
Moreover, restrictive zoning practices can perpetuate racial segregation, resulting in neighborhoods that cater exclusively to higher-income groups, sometimes amounting to de facto racial discrimination. On the other hand, inclusive zoning that allows for diverse housing types can foster racially and economically integrated communities. Legal frameworks, such as federal and state fair housing laws, aim to prevent intentional discrimination in zoning practices; however, distinguishing between legitimate zoning regulations and those that impose unfair barriers to affordable housing can be complex. Additionally, zoning raises questions about property rights and just compensation when governmental regulations limit land use, creating ongoing legal and ethical debates within communities. Understanding the intersections of zoning and race relations is crucial for addressing broader issues of equity and justice in urban planning.
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Zoning and race relations
Zoning affords local governments the power to address a range of justice issues, including the affordability of housing, the integration of neighborhoods, and the preservation of quality of life. However, zoning also raises legal questions about just compensation for the “taking” of a property’s use.
Almost all land in the incorporated cities and towns of the United States, and much land in the surrounding counties, is subject to land-use controls established by local ordinances. Zoning is the designating of the various parcels of land for specific purposes, such as residential, commercial, industrial, and open space. In addition to specifying permissible use, zoning ordinances typically regulate the acceptable types of construction and other improvements on the property. The benefits of zoning are obvious in terms of community planning, as they facilitate the logical and orderly development of neighborhoods, commercial districts, park lands, and sanitation districts. Zoning permits long-range planning and allows purchasers of property to know the nature of the surrounding areas once it is built out—possibly some decades in the future.
Beyond its practical benefits, zoning involves several justice issues. Particularly in terms of residential zoning, housing affordability and discrimination are relevant. By specifying maximum density (units per acre) of residential construction, zoning affects the affordability of housing through land costs. Low-density housing requirements can make housing prohibitively expensive for lower-income households. Off-street parking requirements, floor area ratios, and other zoning standards may add to housing costs. Highly restrictive zoning may effectively turn neighborhoods and even entire towns into elite enclaves. While it is clear that housing and race relations are connected, some have gone so far as to charge that such situations amount to de facto racial discrimination. Conversely, a broad range of residential zoning standards in a single area (for example, including apartments, condominiums, mobile homes, and single-family homes) can encourage the creation of financially and racially integrated neighborhoods. Federal and various state fair housing laws prohibit intentional discrimination through zoning, but it is difficult to distinguish between regulations which stem from legitimate purposes, such as public health and safety, and those which unfairly place excessive “quality of life” standards above the need for affordable housing within a region.
Zoning also raises justice issues for the owners of land. By definition, land use controls such as zoning place some limits on the rights of ownership. This fact raises questions about just compensation: Do governmental restrictions upon one’s land constitute a “taking” of all or part of the land’s value, thus requiring compensation? Moreover, how should compensation, if necessary, be calculated? Over time, the courts have broadened the tolerable level of abridgment of property rights in the public interest. Nevertheless, standards vary from court to court and from place to place, leaving much room for controversy.
Bibliography
Brey, Jared. "Single-Family Zoning Linked with Income and Race Segregation." Governing.com, 9 June. 2023, www.governing.com/housing/single-family-zoning-linked-with-income-and-race-segregation. Accessed 21 Jan. 2025.
De Souza Briggs, Xavier. The Geography of Opportunity: Race and Housing Choice in Metropolitan America. Washington, DC: Brookings Inst., 2005.
Hertz, Daniel. "One of the Best Ways to Fight Inequality in Cities: Zoning." Washington Post. Washington Post, 13 Aug. 2014. Web. 24 Apr. 2015.
Seitles, Marc. "The Perpetuation of Residential Segregation in America: Historical Discrimination, Modern Forms of Exclusion, and Inclusionary Remedies." Jour. of Land Use & Environmental Law 14.1 (1998): n.p. FSU College of Law. Web. 24 Apr. 2015.
Squires, Gregory D., and Charis E. Kubrin. "Privileged Places: Race, Opportunity, and Uneven Development in Urban America." Shelterforce Online. Natl. Housing Inst., 2006. Web. 24 Apr. 2015.
Thomas, June Manning, and Marsha Ritzdorf, eds. Urban Planning and the African American Community: In the Shadows. Thousand Oaks: Sage, 1997.