Legal Definitions - exclusionary zoning

Exclusionary zoning refers to local land-use regulations and policies that, intentionally or unintentionally, make it difficult or impossible for certain groups of people, often those with lower or moderate incomes, to afford to live in a particular community. These zoning practices typically drive up housing costs by restricting the types of housing that can be built, imposing costly requirements on development, or limiting housing density.

Here are some examples illustrating exclusionary zoning:

• Imagine a wealthy suburban town that mandates through its zoning ordinance that every residential property must be at least two acres in size, and only single-family homes are permitted. This regulation effectively prevents the construction of smaller, more affordable homes, townhouses, or apartment buildings. By requiring such large plots of land for each residence, the town significantly increases the minimum cost of housing, thereby excluding individuals or families who cannot afford to purchase and maintain a large property and a large house.

• Consider a city council that updates its zoning ordinance to prohibit the construction of any new apartment complexes, duplexes, or other multi-family housing in 90% of its residential areas, designating them exclusively for single-family homes. This policy severely limits the supply of rental units and more compact, less expensive housing options. As a result, young professionals, retirees on fixed incomes, or working-class families who might prefer or need more affordable housing options find it exceedingly difficult to live within the city, often forcing them to seek housing in more distant, less convenient locations.

• A popular coastal community, known for its scenic views and affluent residents, enacts zoning rules requiring all new homes to be a minimum of 2,500 square feet and adhere to specific, expensive architectural styles and materials. While these rules might be presented as a way to preserve the community's aesthetic character, they significantly increase construction costs. This effectively prices out developers who might otherwise build smaller, more modest homes suitable for middle-income families, teachers, nurses, or other essential service workers, thereby limiting housing diversity and affordability in the area.