The Raleigh city council will discuss solutions to the perceived problem of homeowners who desire to live in larger homes inside the beltline. Since there are few large homes in these neighborhoods, homeowners replace smaller homes with larger ones. This has set off a firestorm. Mayor Meeker’s attempt to stop this practice by proposing changes in the setback and side yard regulations met with massive opposition at the public hearing. The Mayor quickly backed down from his city-wide policy.
Today the council will consider letting each neighborhood fight it out, neighbor against neighbor. This proposal would allow each of Raleigh’s 170 neighborhoods to establish their own Neighborhood Conservation Overlay Districts. An overlay district allows the neighborhood to have zoning restrictions unique to that neighborhood. So one neighborhood could allow large homes and the next street over could prohibit them.
At first glance, this sounds like a reasonable compromise. Allow each neighborhood to determine the “character of their neighborhood” and allow the citizens to write the regulations governing house size and height that will maintain that character.
In reality, the city council is passing the buck. Instead of making a decision that will make some voters mad, they are creating viscous battles among neighbors. What are the boundaries of the neighborhoods? If the people on one block want to secede from the area and join the adjacent neighborhood, can they do that? What are the limits to the restrictions within an overlay district? Can a majority vote to prohibit the minority property owners from adding additions? Remodeling the exterior? Adding a garage?
Problems with homeowner associations dictating to homeowners are well known and homeowners voluntarily buy homes knowing that there are restrictive covenants attached to the deed. They get them in writing before they buy. The council is considering establishing homeowner restriction after the fact. These restrictions could have an enormous impact on existing property values.
In other words, can a majority of neighbors violate the minority’s 5th Amendment property rights and in the process take away tens of thousands of dollars from homeowners. In many cases, this represents a substantial portion of a homeowner?s life savings.
The neighborhood battles have already begun. Renew Raleigh is a citizens’ group that has organized to fight restrictions that will take their property values.
It is time for the city council to step up to the plate and make a decision that will protect property values. Instead of discouraging infill, may cities encourage it by streamlining building permits and inspections. These cities recognize the benefits of infill because infill contributes to shorter commutes, less pollution, and reduced traffic congestion.
Let’s hope the city council will assume the responsibility that it was elected to discharge.
