
Were you kinda liking that new billboard installed on the second story of the building at 312 Main St. — the one that posed serious, possibly life-changing questions to passengers exiting the Preston St. light-rail station? Well, you’ve got less than 10 days to enjoy it, depending on long fast used-car-dealer Texas Direct Auto wants to take to comply with a city citation posted to the building yesterday — unless it can get those pesky inspectors to back off.
A notation on the red tag declares that the facade-smothering sign is in violation of the city’s sign code — namely that it was not erected in connection with a “business purpose”: “A business purpose shall not include any property, building, or structure erected or used for the primary purpose of securing a permit to erect a sign,” the note reads. (That echoes a portion of the definition in section 4602, in case you’re following along at home with regulations in hand.) Here’s a snapshot of the documents stuck to the building’s ground floor, as submitted to the Twitterverse by Houston Chronicle writer Evan Mintz, whose employer last week declared in an editorial that the sign should be illegal:

“. . . Easy — Look at
“It’s always frustrating when I hear Houston’s sprawl and prevalence of strip malls blamed on our lack of zoning. You can blame these on the setbacks and parking minimums that came along with Chapter 42, which made it illegal to build walkable neighborhoods.” [
“. . . I always chuckle a bit when someone thinks that the free market governs Houston because the City doesn’t have zoning.
Aside from land-use restrictions, every regulation that is usually found in a zoning ordinance is in force in Houston. Tree and landscape requirements. Setbacks. Sign ordinance. Curb cut requirements. Buffering. Parking requirements. Traffic study requirements. Plan reviews for subdivisions. Regulations for building in flood plains and finish floor elevations. The list goes on. And like every other city, Houston enforces building, electrical, fire, residential, and plumbing codes (with amendments). So contrary to what a lot of a lot of people think, Houston is not a developer’s free for all. (Not that it wasn’t in the 1970s, but I digress)
If anything, it’s harder to build in Houston because the regulations are so damned hard to find sometimes. In most places, it’s all neatly packaged in a Zoning Ordinance. In Houston, it’s all over the Code of Ordinances, and you have to know where to look. As
“For a city without zoning, development in Houston isn’t much different that it would be if we DID have zoning. Most retail development happens on major commercial thoroughfares, and most industrial sites are either along railway lines or otherwise clustered together. And development still has to comply with our (idiotic) setback requirements and parking minimums.
The main difference Houston has over other cities with stricter land use regulation, is the ability to increase residential density in a fairly timely manner. This has helped keep housing costs from rising higher than they otherwise would have. The kinds of land use regulation in cities like New York, Washington and San Francisco generally benefit wealthy landowners at the expense of younger, poorer new-comers. Even current middle-class homeowners don’t really benefit: you can’t bank the appreciation until you sell, at which point you still have to live somewhere, and in the meantime, your property tax bill is higher.” [
With the approval granted by city council today, the 30-acre campus surrounding the Menil Collection now qualifies as Houston’s first-ever special parking area.
“When Havel Ruck Projects was commissioned to create ‘
Glasstire’s Bill Davenport has a suggestion: “Its famous lack of zoning is one of the few things Houston offers artists that other cities can’t. It’s been a defining feature of the city, and one of its main attractions for artists for decades. But this isn’t happening anymore. Prosperity has put teeth into Houston code enforcement, whose numerous inspectors now patrol the streets, ready to red-tag any unconventional building activity.
It’s vital that we preserve a loophole for artistic expression on an architectural scale. What once was an opportunity created naturally by low property prices and underfunded city government must now be maintained purposefully if Houston’s unique character as a city of artistic entrepreneurship is to continue. As part of the new cultural plan,
Permits for Apache Corporation’s planned 34-story tower on Post Oak Blvd. next to the new Whole Foods Market have “just been granted approval” from the city, writes Roxanna Asgarian. The reporter also notes that the permits for the project were filed way back in December 2013. But any regulatory delays appear to be no big deal for the independent oil and gas company. 
Despite a recommendation from the planning department staff to allow the development to proceed with significantly fewer parking places than required by ordinance, the planning commission yesterday denied a parking variance for the proposed 


“There are very real consequences for having a NIMBY-smashing attitude for developers. Yes, the developers usually get their way, but they often end up ruining it for the next guy. 

