PRACTICE INCLUSIVE ZONING - LU 20-0015

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ZONING PRACTICE                              MAY 2020

             AMERICAN PLANNING ASSOCIATION

                                  ISSUE NUMBER 5

                                  PRACTICE INCLUSIVE ZONING

     5
LU 20-0015             EXHIBIT F-1/PAGE 1 OF 8
Modern Family: Zoning and the Non-Nuclear
  Living Arrangement
  By Brian J. Connolly and David A. Brewster

  The list of residential land uses contained       resulted in increased demand for group liv-       two opposite-sex married partners and their
  in the typical zoning code is fairly formulaic.   ing arrangements.                                 non-adult, unmarried children, pervaded
  Household living arrangements permitted                  While aimed at establishing stable         the American zeitgeist. The nuclear family
  by a code generally include single-family         neighborhoods, historical definitions of          has been extensively studied, critiqued,
  dwellings, two-family or duplex dwellings,        “family” contained in zoning codes have           and debated over the past 50 years. As
  and multifamily dwellings. From there, the        regularly excluded a wide variety of groups,      David Brooks of the New York Times recently
  code often goes on to allow a few other           and the forms of housing prescribed by            commented, “[w]hen we have debates
  types of residential uses: live/work units,       more traditional zoning codes fail to accom-      about how to strengthen the family, we are
  assisted living facilities, nursing homes,        modate many of these groups. Examples of          thinking of the two-parent nuclear family,
  perhaps a variety of group living arrange-        these include unmarried couples, same-sex         with one or two kids, probably living in
  ments, boarding houses, shelters, and             couples, religious organizations that live        some detached family home on some subur-
  sometimes, student housing. Single-room           in communities, group homes for people            ban street” (Brooks).
  occupancy motels, short-term rentals, and         with disabilities, post-incarceration halfway            Increasingly, however, the nuclear fam-
  accessory dwelling units may also be per-         houses, foster families, and others. All of       ily is a foreign concept to most American
  mitted, in limited circumstances. For the         these forms of housing are necessary in our       households. In 2017, the U.S. Census Bureau
  household living uses, the term “dwelling”        modern society.                                   estimated that less than half of households
  is generally defined with respect to a living            As the amorphous concepts of “fam-         were headed by a married couple, and less
  space and, frequently, cooking, bathing,          ily” and “household” evolve and become            than 30 percent of households had children
  and sleeping facilities.                          increasingly difficult to define, the law         of the householder at home. Nearly 30
        The lines between several of the zon-       still prescribes meaning to these terms in        percent of households were single people
  ing classifications described above can be        various forms. For example, the Internal          living alone. Other households included
  blurry. In many cases, they turn upon the         Revenue Service allows us to file taxes           everything from grandparent-headed
  people who live in these various forms of         individually or as a family while evolving to     households—an estimated 7.2 million grand-
  housing, rather than the physical charac-         incorporate same-sex marriages. The U.S.          parents were raising their grandchildren in
  teristics of the housing types themselves.        Census collects information on households         2017—to single-parent households, which
  Indeed, many zoning codes define the term         and families, and these classifications have      comprised 17.3 percent of all households.
  “family”—as used in the terms single-family       broadened as well. Yet, while certain legal       Of the U.S. population living in a household,
  or multifamily dwelling—as a group of people      frameworks have adapted to the changing           6.2 percent, or nearly 20 million people,
  related by blood, marriage, or adoption, or       face of American families and households,         were unrelated to the householder by blood,
  up to a certain number who are unrelated.         local zoning laws, in many respects, have not.    marriage, or adoption.
        These classifications of residential land          The balance of this article examines the          This is a significant change from the
  uses, and the definitions of “dwelling” and       changing face of modern American families,        middle of the 20th century. According to
  “family” that accompany them, have proven         and the increasing demand and need for            the Pew Research Center, in 1960, roughly
  durable. But modern social and cultural           housing types that recognize nontraditional       87 percent of children in the United States
  changes are testing their permanency. The         or “non-nuclear” families and households. It      lived in a two-parent household. A 2015 Pew
  U.S. population has moved markedly away           also evaluates existing law as it pertains to     study revealed that, in 2014, roughly 64 per-
  from the household unit comprised of a mar-       regulation of household structure and offers      cent of children under the age of 18 lived in
  ried couple and their children. Unaffordable      suggestions for how zoning might be tweaked       a household with two parents. In turn, just
  housing has pushed families to live with          to respond to many of the changing norms of       over one-fourth of children in the United
  extended family members, groups of unre-          American family and household life.               States live in one-parent households,
  lated roommates to cohabitate, and home                                                             compared to nine percent in 1960. The
  seekers to find smaller, more efficient forms     NUCLEAR NO MORE                                   U.S. Census Bureau’s Current Population
  of housing. At the same time, contempo-           In the years following World War II, the con-     Survey recently estimated that nearly 35
  rary treatment methods for disabilities has       cept of the “nuclear” family, composed of         percent of children now live in “nonfamily”

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households, which are defined as those           that the Centers for Disease Control esti-        “[b]y 2050, one-fifth of the total U.S. popu-
     households not headed by a parent.               mated in 2018 that one in four Americans has      lation will be elderly” with the number of
           These developments also comple-            a disability that limits a major life activity    individuals age 85 or older growing the fastest
     ment changing gender roles within families.      (and two in five Americans over 65 fall in that   (CBO). As such, the need for long-term group
     In the period between 1950 and 1965,             category), we can assume that there is sig-       assisted living arrangements will likely gradu-
     when the nuclear family was in its heyday,       nificant unmet demand for group living.           ally increase as baby boomers age.
     Brooks writes that “most women were rel-                                                                 Tiny homes, adult dormitories, and
     egated to the home” and “[d]emeaning and         CHANGING FAMILIES, CHANGING HOMES                 group living facilities are a small snapshot
     disempowering treatment of women was             As the concept of the nuclear family fades,       of the diverse and unique living arrange-
     rampant” (Brooks). By 1993, roughly one-         so too does the traditional living style          ments growing in both popularity and need
     third of households in the United States were    associated with that construct—the single-        throughout the country. Demand for nontra-
     headed by women (Dandekar). A 2019 Center        family home. Increasingly, Americans are          ditional housing types, like the evolution
     for American Progress study found that a         opting, whether by choice or by reason of         and growth of the nontraditional American
     national average of 41 percent of house-         circumstance, for alternatives to the single-     family, is ever increasing.
     holds in the United States are headed by         family home. For starters, the average size             However, embracing and promoting
     “breadwinning” mothers, those who earn the       of new single-family home builds is decreas-      new forms of housing is not merely a trendy
     highest income in the family (Glynn).            ing. Data from the National Association           pandering to millennials. Emily Badger
           An analysis of changing gender roles is    of Home Builders reveals that the median          wrote in the New York Times in a 2019 col-
     incomplete without discussion of the evolv-      square footage of a new single-family home        umn with respect to the campaign platforms
     ing institution of marriage. In 1949, roughly    decreased for the third straight year in 2018.    of various 2020 Democratic presidential
     78.8 percent of American households con-         This shift toward smaller single-family hous-     hopefuls, “[a] reckoning with single-family
     tained married couples, while in 2017, less      ing is likely a reaction to high demand from      zoning is necessary, they say, amid mount-
     than half of households contained married        younger buyers attempting to purchase entry-      ing crises over housing affordability, racial
     couples. Contributing to this decline are        level housing.                                    inequality and climate change” (Badger).
     steadily increasing divorce rates since 1990,          New and innovative ways of meeting          Driven by increasing home prices and gener-
     the fact that couples are choosing to marry      entry-level housing demand, outside the tra-      ally stagnant incomes, America’s affordable
     later in life, and an increasing number of       ditional single-family model, are continuing to   housing crisis has been characterized as
     people who choose not to marry at all. Yet,      grow. A National Association of Home Build-       a “ticking time bomb” waiting to blow. A
     while marriage rates continue to decline,        ers study conducted in 2018, for example,         shortage of affordable housing options
     the Census Bureau reports that cohabitation      revealed that more than half of Americans         in cities across the country has resulted
     among nonmarried partners between the            (and 63 percent of millennial Americans)          in higher home prices, reductions in gov-
     ages of 25 and 34 has steadily increased, and    would consider living in a tiny home of less      ernment subsidies for housing, and the
     the number of one-person households has          than 600 square feet. As Ilana E. Strauss         concentration of home ownership among
     also increased “fivefold since 1960.” Pew also   reports, companies and communities are            older, whiter, and wealthier Americans.
     reports that older Americans are among the       also experimenting with cohousing, or living            More significantly, a Joint Center for
     highest demographic of one-person house-         arrangements where “individuals or families       Housing Studies (JCHS) of Harvard University
     holds. In the United States, 27 percent of       generally have their own houses, bedrooms,        report observes that the affordable housing
     adults ages 60 and older live alone, compared    or apartments but share things like kitchens      shortage has created an upturn in homeless-
     with 16 percent of adults in 130 countries and   and community spaces” (Strauss).                  ness, increased threats of displacement due
     territories recently studied.                          Still, while the cohousing model may        to natural disasters, and disproportionally
           As households continue to evolve, so       be a new prospect to many Americans,              burdened low-income and minority house-
     has the U.S. population in group quarters,       states continue to rely heavily on group liv-     holds. As its outlook, the study noted that,
     which include everything from correctional       ing arrangements for the elderly, medically       “[o]n the supply side, however, conditions
     facilities to nursing homes, student housing,    dependent, and children without alternative       at the lower end of the market will remain
     and group homes for people with disabili-        housing options. According to a 2015 Pew          challenging as millions of low-income house-
     ties. In 2017, the Census Bureau estimated       report, Colorado, Rhode Island, West Virginia,    holds compete for an already insufficient
     that more than eight million Americans live      and Wyoming have the greatest percentage of       number of affordable rental units” (JCHS).
     in group quarters arrangements. Of these,        foster children living in group homes. Roughly    Simply, the status quo will not suffice to
     2.2 million were incarcerated, and 2.7 million   35 percent of children in Colorado’s foster       provide housing for millions of Americans.
     were living in on-campus student housing.        care system, for example, live in congregate      Promoting new housing solutions to combat
     That leaves more than three million Ameri-       group care living facilities. What is more, the   rising socioeconomic and climate threats
     cans who lived in nursing homes or other         U.S. Congressional Budget Office (CBO) noted      must begin, at a local government level, with
     types of group living arrangements. Given        in a 2013 report,                                 a “reckoning” with single-family zoning.

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Future Atlas, Flickr

                         The prevalence of single-family zoning in the United States is challenged by major demographic and social changes.

        What’s more, as we write this article,                  Euclid v. Ambler                                  units against higher-density forms of hous-
  the U.S. economy appears to be headed                         The Court was not shy in using its first oppor-   ing. It was also clear from the face of the
  for a slowdown, triggered by the COVID-19                     tunity to consider the constitutionality of       ordinance that it supported nuclear fami-
  pandemic that has swept the world. As                         zoning to gratuitously weigh in on the merits     lies. The ordinance used the term “family”
  potentially millions of Americans face job                    of development patterns predominated by           pervasively, but defined it as follows: “[a]
  losses and pay decreases, the need for                        single-family detached dwellings. In 1922,        ‘family’ is any number of individuals living
  affordable housing options will become                        the Village of Euclid, Ohio, a Cleveland          and cooking together on the premises as a
  only greater.                                                 suburb characterized by largely low-density       single housekeeping unit.” The term “single
                                                                residential land-use patterns, adopted a zon-     housekeeping unit” was undefined in the
  JUDICIAL TREATMENT OF ‘FAMILY’ ZONING                         ing regulation that classified lands according    Euclid ordinance, suggesting that groups
  With these changes in American household                      to uses. The use districts established in the     of unrelated people might be permitted to
  structure and demand for a variety of hous-                   zoning ordinance included a “U-1” district        occupy single-family dwellings if they shared
  ing types in mind, we now turn to how the                     that allowed only single-family dwellings         common household responsibilities.
  law addresses these issues. A careful read-                   and a “U-2” district that expanded its use              The ordinance was challenged by a
  ing of cases from the U.S. Supreme Court                      allowances to two-family homes. Higher-           business that was dissatisfied with its classi-
  and lower courts suggests that, since its                     intensity districts, which constituted a small    fication under the ordinance. The case made
  early days, one of the paramount goals                        proportion of the village’s land area, allowed    its way to the U.S. Supreme Court. In Village
  and outcomes of zoning has been the pro-                      multifamily apartments as well as commer-         of Euclid v. Ambler Realty Co., 272 U.S. 365
  tection and reinforcement of patterns of                      cial and industrial uses.                         (1926), the Court ruled zoning a constitu-
  housing for traditional, nuclear families.                          Euclid’s zoning ordinance was clearly       tional exercise of the police power.
  And those goals have largely been met                         intended to protect low-density neighbor-               In so doing, however, the Court
  with judicial endorsement.                                    hoods characterized by detached dwelling          emphasized the importance of protecting

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single-family homeowners from noxious              or disability discrimination—is devoid of         be extended to group living arrangements.
     effects of higher-density residential and          any suggestion of racial or cultural diversity    Returning to its historical preference for
     nonresidential uses. The Court’s char-             (the Court invalidated racially restrictive       low-density, single-family development,
     acterization of single-family detached             municipal regulation just one year after the      the Court observed that “boarding houses,
     development patterns and family life paint a       New York City zoning ordinance was adopted        fraternity houses, and the like present urban
     picture of idyllic suburbia, characterized by      in the case of Buchanan v. Warley, 245 U.S.       problems. More people occupy a given
     public safety, healthy environs, and growing       60 (1917)), same-sex couples, accommoda-          space; more cars rather continuously pass
     families. In particular, the Court observed        tion for low-income families, or housing for      by; more cars are parked; noise travels with
     that the segregation of single-family, two-        people with disabilities.                         crowds.” The Court followed its indictment of
     family, and other land uses would “increase                                                          nontraditional living arrangements with one
     the safety and security of home life, greatly      Village of Belle Terre v. Boraas                  of its most memorable paragraphs regarding
     tend to prevent street accidents, especially       The Court’s next occasion to visit the con-       land-use regulation. As in Euclid, the Court
     to children, by reducing the traffic and           stitutionality of single-family zoning came       accepted the invitation to hail the benefits of
     resulting confusion in residential sections,       nearly 50 years later in the case of Village      suburban residential development as follows:
     decrease noise and other conditions which          of Belle Terre v. Boraas, 416 U.S. 1 (1974).
     produce or intensify nervous disorders, pre-       That case, which arose from circumstances            A quiet place where yards are wide, people
     serve a more favorable environment in which        in another small suburban community,                 few, and motor vehicles restricted are
     to rear children, etc.”                            addressed the constitutionality of a more            legitimate guidelines in a land-use project
           The Court then saved its most pointed        restrictive definition of the term “family.” A       addressed to family needs. . . . The police
     observations for the distinctions between          one-square mile community with just 220              power is not confined to elimination of
     apartments and more low-density forms              homes, the Village of Belle Terre is located         filth, stench, and unhealthy places. It is
     of residential uses. The Court refers to the       near the State University of New York at             ample to lay out zones where family values,
     apartment house as a “mere parasite” that          Stony Brook. An attractive place for prospec-        youth values, and the blessings of quiet
     “monopolizes the rays of the sun” and whose        tive landlords to rent to student tenants, the       seclusion and clean air make the area a
     automobile traffic is “depriving children of the   village adopted a zoning ordinance defined           sanctuary for people.
     privilege of quiet and open spaces for play.”      family as “one or more persons related by
           The Court’s rhetoric in Euclid was           blood, adoption, or marriage, living and               The result of Belle Terre was that
     emblematic of a widespread cultural accep-         cooking together as a single housekeeping         many local governments—in college towns,
     tance of the benefits of low-density living in     unit, exclusive of household servants. A          suburbs and even large cities—eventually
     the early part of the 20th century. Following      number of persons but not exceeding two           adopted zoning provisions defining the term
     a period of largely unregulated industrializa-     (2) living and cooking together as a single       “family” with respect to the relatedness
     tion in U.S. cities that resulted in unsanitary,   housekeeping unit though not related              of individuals residing in a housing unit,
     crowded conditions, New York City adopted          by blood, adoption, or marriage shall be          thereby ensuring that residential neighbor-
     the nation’s first zoning ordinance 10 years       deemed to constitute a family.”                   hoods could only be occupied by nuclear
     before Euclid. Other jurisdictions quickly               Thus, to reside in a single-family dwell-   families. Like Euclid, Belle Terre’s endorse-
     followed. In the same year the Court decided       ing in Belle Terre, it was not sufficient to      ment of suburban forms of development and
     Euclid, the U.S. Department of Commerce            simply constitute a single housekeeping           family values appeared not to consider the
     promulgated the Standard State Zoning              unit. Familial relatedness was obligatory.        impacts of predominantly single-family resi-
     Enabling Act, which recited the lessening                A group of unrelated tenants and their      dential development patterns on non-white
     of congestion, reduction of fire risk, promo-      landlord challenged the law. The group            families, lower-income buyers and renters,
     tion of public health, assuring adequate           asserted that it violated several rights inher-   groups of unrelated people, or people with
     light and air, and reducing concentrations         ent in the Due Process Clause of the Fifth        disabilities. In the 60 years from the adop-
     of population as the core purposes of zon-         Amendment, including rights of associa-           tion of the first zoning ordinance to Belle
     ing. The Court’s unvarnished description of        tion and privacy. Included in the Belle Terre     Terre, the zoning power had morphed from
     a suburban idyll where children frolic free        challenge was a suggestion that the law           one that regulated building form to full-
     from the nuisances of higher-density urban         was aimed at producing a homogeneous              scale regulation of the people that resided
     areas was characteristic of common views           community. The Supreme Court eventually           in those building forms.
     of urban development. At the same time,            disagreed with these assertions.
     however, its discussion of the merits of                 Although the Court had recently             The Limits of Belle Terre
     detached dwellings—undertaken at a time            expanded privacy rights in the cases of           While a review of Belle Terre might lead an
     when the Court was composed of nine white          Griswold v. Connecticut and Roe v. Wade, in       observer to guess that there was little to no
     men and long before it invalidated racially        which it famously approved of contraception       constitutional limit to the regulation of liv-
     restrictive covenants, school segregation,         and abortion, the right to privacy would not      ing arrangements, the Court’s decision in

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that case was in many ways a legal apex for        Santa Barbara v. Adamson, 27 Cal. 3d 123         grants to track and implement land-use poli-
  exclusionary zoning. In the intervening years      (1980), that familial relatedness require-       cies to encourage the production of housing.
  since Belle Terre, it has been limited in sev-     ments in a local zoning code violated            These policies include everything from allow-
  eral respects.                                     the state constitutional right to privacy.       ing higher-density development by right to
        Just three years after it decided Belle      Michigan and New York also followed suit,        allowing manufactured housing, single-room
  Terre, in Moore v. City of East Cleveland, 431     adopting similar rationale to these decisions.   occupancy uses, mixed-use development,
  U.S. 494 (1977), the Supreme Court rejected              The Fair Housing Act and its amend-        and limiting dimensional and procedural
  the use of zoning to restrict intrafamily living   ments, 42 U.S.C. § 3601 et seq., also limit      restrictions on new housing.
  arrangements. There, East Cleveland, Ohio,         Belle Terre. In 1988, Congress amended the
  another Cleveland suburb, sought not only          Fair Housing Act to specifically incorporate     MODERN APPROACHES FOR
  to prohibit unrelated persons from residing        familial status and handicap as classes pro-     THE MODERN FAMILY
  together, but actually went so far as to define    tected under the law. The addition of these      Federal constitutional law continues, at its
  the term “family” as a nuclear family, con-        two protected classes reaffirmed Congress’s      core, to allow local governments to establish
  sisting only of a husband or wife and either       commitment to prohibiting discrimination,        zoning policies allowing only single-family
  their unmarried children or their parents.         particularly against single parents with         development patterns and to restrict that
  The practical effect of the city’s regulation,     children and people with physical or cogni-      form of housing to related family members.
  which had a legislative and procedural his-        tive disabilities, including those in recovery   However, the population and housing trends
  tory evidencing unscrupulous racial motive,        from addiction.                                  described above, and the legal limitations on
  was to exclude groups of extended family                 In particular, the Fair Housing Act’s      Belle Terre, demand a thoughtful response
  members living together. A grandmother and         protections for people with disabilities often   from local zoning officials.
  her two grandchildren who resided together         conflict with local definitions of “family”            Opportunities abound for zoning
  successfully challenged the regulation,            that restrict unrelated people from living       authorities to embrace inclusionary prac-
  which the Supreme Court decided on right           together. In City of Edmonds v. Oxford House,    tices. Zoning codes that permit a wide
  to privacy grounds.                                Inc., 514 U.S. 725 (1995), the Supreme Court     variety of housing types are an important
        Several states have also limited the         confirmed that familial occupancy restric-       first step. In 2019, Minneapolis became the
  reach of Belle Terre on constitutional or          tions did not comport with the Fair Housing      first major U.S. city to abolish single-family
  statutory grounds. The first to do so was          Act’s allowance for maximum occupancy            zoning, allowing triplexes to be constructed
  New Jersey in the case of State v. Baker,          restrictions based on safety considerations.     in most neighborhoods that previously
  405 A.2d 368 (N.J. 1979). There, the court         Several other cases have found that restric-     only allowed detached housing. Other cit-
  determined that Plainfield Township could          tive family definitions may not be used to       ies have provided for additional accessory
  not, under the state constitution, prohibit        exclude people with disabilities from living     dwelling units, by-right multifamily zoning,
  two families from living together as a single      in group settings.                               and a variety of “missing middle” forms
  housekeeping unit. The court’s holding was               Similarly, as states have adopted state-   of housing. These forms of housing might
  based upon the idea that a local govern-           law versions of the Fair Housing Act, many       include “slot homes,” where row houses are
  ment restriction aimed at creating stable          of them have placed limitations on family        oriented perpendicular to street frontages,
  residential communities was not necessar-          zoning. Many state-law equivalents of the        or garden courts or row houses. These types
  ily furthered by a prohibition on unrelated        Fair Housing Act add protected classes over      of housing allow for increased density in
  persons residing together. The New Jersey          and above those identified in the federal        residential areas that, if designed appro-
  Supreme Court wrote: “The fatal flaw in            law, including, for example, marital status,     priately, can blend well with surrounding
  attempting to maintain a stable residential        sexual orientation, age, and others. These       single-family development.
  neighborhood through the use of criteria           statutes may require local governments to              In considering the variety of housing
  based upon biological or legal relationships       vary familial-relatedness limitations if they    types that might be permitted in a juris-
  is that such classifications operate to pro-       interfere with protected classes’ ability to     diction, zoning officials may also need to
  hibit a plethora of uses which pose no threat      buy or rent housing.                             reconsider classifications of residential
  to the accomplishment of the end sought                  Present demand for affordable housing      uses. For example, where a code defines a
  to be achieved. . . . The ordinance distin-        may be encouraging further federal action to     “boarding house” as a residential structure
  guishes between acceptable and prohibited          limit local governments’ exclusionary zoning     where rooms are rented out for permanent
  uses on grounds which may, in many cases,          actions. As of this writing, Congress is con-    occupancy but generally restricts boarding
  have no rational relationship to the problem       sidering a law called the Yes In My Backyard     houses throughout the municipality, it may
  sought to be ameliorated.”                         Act, H.R. 4351, which passed in the House of     prohibit new, “pod”-style multifamily devel-
        Shortly after the New Jersey court invali-   Representatives on March 2, 2020. That law       opment wherein units share common areas
  dated “family” definitions, the California         would require local governments that receive     and cooking facilities but contain separate
  Supreme Court also concluded in City of            federal housing and urban development            bedrooms and bathrooms.

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Similarly, zoning officials might          to adopt and enforce building and fire codes
                                                                                                      ABOUT THE AUTHORS
     also reevaluate definitions of “dwelling” con-   that limit that number of persons who may
     tained in codes, and the dimensional limits      occupy a dwelling to avoid fire or public
                                                                                                      Brian J. Connolly is a shareholder and
     placed on housing units, to accommodate          health risks.
                                                                                                      director in the Land Use, Litigation, and Real
     more creative forms of housing. Where a code           Similarly, zoning officials must con-
                                                                                                      Estate practice groups at Otten Johnson
     prohibits small housing units or properties,     sider their obligations under state and
                                                                                                      Robinson Neff + Ragonetti, PC in Denver.
     tiny homes or other affordable forms of hous-    federal fair housing laws. A local govern-
                                                                                                      He has received national recognition for his
     ing may be excluded from the community.          ment utilizing a definition of “family” that
                                                                                                      work on First Amendment issues associated
           At the same time, local governments        would otherwise restrict groups of people
                                                                                                      with local government regulation, including
     should consider whether definitions of           with disabilities or others protected by fair
                                                                                                      signs and outdoor advertising, and his work
     “family” based on blood, marriage, or            housing acts must be prepared to grant
                                                                                                      on fair housing matters in local planning and
     adoption serve the jurisdiction’s planning       reasonable accommodations where neces-
                                                                                                      zoning, particularly in the area of housing for
     goals. To the extent a municipality seeks        sary to maintain compliance with the law.
                                                                                                      people with disabilities.
     to regulate land use for the purposes            In general, local governments should adopt
     enshrined in the Standard State Zoning           zoning procedures for granting reasonable
                                                                                                      David A. Brewster is an associate in the
     Enabling Act—lessening congestion, reduc-        accommodations if their codes restrict
                                                                                                      Litigation and Real Estate practice groups
     ing risks of natural disasters, protecting       groups of unrelated people from living
                                                                                                      at Otten Johnson Robinson Neff + Ragonetti.
     for public health and safety, and oth-           together. Zoning officials should also con-
                                                                                                      His litigation practice focuses on complex
     ers—restricting dwelling units to groups of      sider avoiding unnecessary restrictions on
                                                                                                      real estate, land-use, and property rights
     related people is unlikely to directly accom-    these living arrangements, including further
                                                                                                      disputes, and his transactional practice
     plish these goals. A large family of related     land-use planning goals such as avoiding
                                                                                                      includes assisting clients with the
     individuals is just as likely to produce         congestion or nuisances.
                                                                                                      acquisition and disposition of real property.
     congestion or overcrowding as an unrelated
     group of the same number of people.              CONCLUSION
           Local governments that wish to avoid       We are in an unprecedented time of hous-
     the problems created by restrictive “family”     ing unaffordability and expanding notions                Cover: iStock.com/mrPliskin
     definitions might consider applying a defi-      of what constitutes a household or family.
     nition of “single housekeeping unit” that        While the law has been somewhat slow to
                                                                                                      VOL. 37, NO. 5
     focuses on the sharing of household chores       evolve, our local governments must consider
     or cooking and eating together. And of           how their zoning policies accommodate a         The American Planning Association provides
                                                                                                      leadership in the development of vital
     course, local governments should continue        wide variety of living arrangements.            communities for all by advocating excellence
                                                                                                      in planning, promoting education and resident
                                                                                                      empowerment, and providing our members with
                                                                                                      the tools sand support necessary to ethically
                                                                                                      meet the challenges of growth and change.
         REFERENCES
         Badger, Emily. 2019. Cities Across            Glynn, Sarah Jane. 2019. “Breadwinning         Zoning Practice (ISSN 1548–0135) is a
                                                                                                      monthly ­publication of the American Planning
         America Question Single Family Zoning.        Mothers Continue To Be the U.S. Norm.”         Association. Joel Albizo, fasae, cae, Chief
         New York Times. June 18. Available at         Center for American Progress. Available        Executive Officer; Petra Hurtado, phd, Research
         https://nyti.ms/3b5AdQd.                      at: https://ampr.gs/2XzVm14.                   Director; Joseph DeAngelis, aicp, and David
                                                                                                      Morley, aicp, Editors.

         Brooks, David. 2020. The Nuclear Family       JCHS. 2019. The State Of The Nation’s          Subscriptions are available for $95 (U.S.) and
                                                                                                      $120 (foreign). Missing and damaged print
         Was a Mistake. The Atlantic. March.           Housing 2019. Available at https://bit.        issues: Contact APA Customer Service (312-
         Available at: https://bit.ly/2XxneCV.         ly/2xhsmkb.                                    431-9100 or subscriptions@planning.org)
                                                                                                      within 90 days of the publication date.

         CBO. 2013. Rising Demand for Long-Term        Strauss, Ilana E. 2016. “The Hot New           ©2020 by the American Planning Association,
                                                                                                      which has offices at 205 N. Michigan Ave.,
         Services and Supports for Elderly People.     Millennial Housing Trend Is a Repeat
                                                                                                      Suite 1200, Chicago, IL 60601–5927, and 1030
         Available at https://bit.ly/2JZqejt.          of the Middle Ages.” The Atlantic.             15th St., NW, Suite 750 West, Washington, DC
                                                       September 26. Available at https://bit.        20005–1503; planning.org.
         Dandekar, Hemalata C. 1993. Shelter,          ly/3asunap.                                    All rights reserved. No part of this publication
         Women and Development: First and Third                                                       may be reproduced or utilized in any form or
                                                                                                      by any means without permission in writing
         World Perspectives. Ann Arbor, Mich.: WG                                                     from APA.
         Wahr Publishing Co.
                                                                                                      Printed on recycled paper, including 50-70%
                                                                                                      recycled fiber and 10% postconsumer waste.

                                                                                                                       ZONINGPRACTICE 5.20
LU 20-0015                                            EXHIBIT F-1/PAGE 7 OF 8                                          AMERICAN PLANNING ASSOCIATION | page 7
LU 20-0015
                                                  Creating Great Communities for All

                                                  ZONING PRACTICE
                                                  AMERICAN PLANNING ASSOCIATION

                                                  205 N. Michigan Ave.
                                                  Suite 1200
                                                  Chicago, IL 60601–5927

                          NUCLEAR FAMILIES?
EXHIBIT F-1/PAGE 8 OF 8
                          MAKE SPACE FOR NON-
                          DOES YOUR ZONING CODE
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