What a difference a line makes: in the purple areas of this map from the Virginia Zoning Atlas, ADUs good. In the white areas, which have the greatest need for more housing, ADUs bad.
(Reading time: 6 minutes)
If there was one dominant theme at the Virginia Governor’s Housing Conference, held this past week in Roanoke, it was zoning—zoning and how it gets in the way of creating sufficient affordable housing. Two plenary sessions were devoted to the subject, one featuring a self-styled “zoning whisperer,” the other debuting a zoning atlas for the entire state. Zoning issues were integral to several break-out panels. Housing Forward Virginia, a non-profit research and policy organization, announced it will be doing a road-show next year throughout the state to educate civic leaders, planners and the general public about this antiquated approach to land use and why it needs to be revisited.
That’s a lot of attention to a subject that is as esoteric for most people as debentures or polychlorides. Yet as I coincidentally wrote less than a week before the conference, “developers aren’t building affordable housing because our zoning code makes it prohibitively expensive to do so,” making this the elephant in any room where the lack of affordable housing is being lamented. Because zoning codes that were written two and three generations ago (Staunton’s dates back to 1969) dictate what we can build on land today, the result has been what Eric Kronberg, an Atlanta-based developer featured in the opening plenary, succinctly summarized as “legally mandated scarcity.”
Rattling through a fast-paced presentation that drenched his audience with numbers and statistics, Kronberg’s analysis hinged on two basic observations. First, that today’s zoning maps and codes were drafted largely in the 1950s, when 43% of households comprised nuclear families and only 9% were singles living alone, compared with 20% nuclear families and 28% singles today (the balance in each case is attributed to couples without kids or single-parent families). A 1950 household averaged 3.8 people, compared with 2.5 people in 2017, indicating a need for half again as many homes for a static population—which, of course, it has not been. Yet in 2022, 70% of all housing starts were of single-family homes, as if builders were oblivious to such changing demographics.
Second, Kronberg laid out the greatly higher municipal costs of single-family zoning. Two or three homes on an acre have the same infrastructure requirements—sidewalks, curbs, utility poles, streetlights, water and sewer lines, storm drains, paved roads—as an acre zoned for high density, but an acre with 18 housing units provides a far more robust tax base to fund all those improvements. Moreover, denser multi-use zoning creates more walkable neighborhoods than drive-only suburban-style housing, resulting in a real estate premium that fattens tax receipts. So in addition to stifling construction of the housing that’s actually needed, current zoning codes are a bad economic deal for the cities that have them.
Just how skewed land use has been could be seen most vividly in Sara Bronin’s presentation of the National Zoning Atlas, a multi-year work in progress whose Virginia component was completed just days earlier. As summarized by Bronin, a law professor at George Washington University who’s been overseeing the project, the state is short 165,000 homes but its developers are building only half as many homes annually as they were 20 years ago. One consequence of this imbalance: housing now costs too much, with nearly half of all renters paying more than 30% of their incomes for shelter, up from 34% of the renting population in 2000.
The atlas is worth a leisurely perusal, especially its filters that map selected variables, such as “show me where people can build” apartments, or accessory dwelling units (ADUs), or various forms of single-family housing. Meanwhile, atlas statistics indicate that of Staunton’s 10,988 zoned acres, 64% are reserved for single-family homes “by right,” meaning you can build a house on that land without needing special permits or discretionary approvals. Nearly three-quarters of the residentially zoned land allows only single-family housing. That leaves 2,005 acres where duplex and three-unit housing is allowed “by right,” but according to the atlas there is no zoning provision for larger “missing middle” housing of four or more units, or for apartment buildings, ADUs, planned residential developments or other denser housing. Nor are there any areas permitting housing by right without a parking mandate, which further constrains urban development.
As was made clear by both plenary speakers, as well as numerous break-out panelists, there won’t be any progress toward creating sufficient housing for working families and people with below median incomes until this zoning stranglehold is loosened. That will require reducing lot minimums and setback requirements, expanding multifamily options, streamlining approval processes, encouraging multi-use developments, allowing ADUs by right and reducing or eliminating parking mandates altogether, as has occurred in Charlottesville. It also will mean responding to the inevitable backlash from established homeowners who want to maintain existing levels of city services and low taxes and low housing density—something entirely unattainable in the real world, according to Kronberg, who said you can have any two of those but never all three.
Staunton has made tentative steps in some of these areas, such as modifying—although not eliminating—parking requirements for new housing. And it does have ADUs on its radar, although the city’s newly formed Housing Commission doesn’t plan on proposing a zoning code amendment on the subject to city council until the end of next year. But as long as Staunton avoids dealing with root causes, this merely amounts to tinkering at the edges. If the city is going to get serious about opening the door to developers willing to build housing at prices that Staunton residents can afford, it will have to question why it’s handicapping itself by relying on your grandparents’ zoning code.
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In addition to the Virginia Zoning Atlas, another useful online resource that came out of the conference is the Virginia Rural Opportunity Dashboard. Its name notwithstanding, the “rural” dashboard maps the entire commonwealth and provides a handy, centralized data bank of demographic, health, economic and other data by county and city. Like many mercantile sites that permit comparisons across possible purchases, it also enables side-by-side comparisons of municipalities, such as all three SAW (Staunton, Augusta and Waynesboro) components, which can provide some surprising insights.
For example, although Staunton is often perceived as being better off than Waynesboro, 12.6% of Staunton residents fall below the federal poverty level, compared to 11.7% of residents in Waynesboro—who also have a higher employment rate, at 64.1%, compared with Staunton’s 60.2%. More revealing statistics await the curious.
Looking askance 