residents (for example, not allowing schools to be built next to factories). Zoning laws
and practices are unique to every community, and must consider the built environment,
size of community, environmental best practices, availability of public infrastructure and
regional distribution of various land uses. However, the unintended consequence of
some of the regulations may be that a community limits housing choice for particular
protected classes. Extensive suburban zoning restrictions can make it difficult for
developers who wish to construct a variety of housing types. As suburban zoning
boards have the most experience reviewing single-family zoning requests, they may be
unfamiliar with the true advantages and disadvantages of projects other than singlefamily housing. While most governments recognize that codes, laws, and regulations
that explicitly exclude a particular group are illegal, more implicit rules and regulations
may limit housing choice and serve as proxies for discrimination.
Land use regulations, zoning laws, and building codes become impediments to fair
housing if they:
Discourage the development of housing set aside for seniors or persons
with a disability. Zoning and land-use laws that restrict the development of highdensity housing disproportionately affect people with a disability who need
access to services and onsite support, as well as seniors who may live in
supportive housing communities. In Lake County, the lack of a housing set-aside
for seniors, persons with a disability, or low-income families in new developments
(where required infrastructure and services are available) causes a missed
opportunity to affirmatively further fair housing.
Prevent the development of affordable housing, particularly for moderateand low-income households. In suburban areas such as Lake County, zoning
and land-use regulations that set high minimum lot sizes for single-family homes
(in some cases, one acre or more) contribute to the high cost of housing. Also,
zoning laws oriented toward single-family homeowners can often make it difficult
for potential landlords to convert existing housing stock to rental units. (Leasing
vacant houses has been a neighborhood-stabilizing solution in many
communities impacted by the foreclosure crisis.)
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Discourage community growth. In the absence of strong initiatives to
affirmatively further fair housing, a community that limits the number of permits it
issues below a number practically set through infrastructure and service capacity
may inadvertently restrict new people from entering the community.39
Prevent the development of multifamily housing. Multifamily housing, in
particular rental multifamily housing, is sometimes viewed as a factor in lowering
a community’s property values as it is seen to encourage “the wrong kind of
people” to move into an area. Although Lake County may have few undeveloped
sites with the urban infrastructure and services necessary to support a
Permits may be restricted for any number of reasons beyond infrastructure and service capacity,
including in pursuit of open space and/or economic development goals for a community.
APPLIED REAL ESTATE ANALYSIS, INC.
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LAKE COUNTY, ILLINOIS