Luis Montoya Cura represents a shining example of the resilience and resourcefulness of many Latino immigrants who have found a path to financial freedom by building their homes without the burden of a mortgage. This process, deeply rooted in the traditions of Latin America, offers an inspiring approach to homeownership. In my conversation with Mr. Montoya, he eloquently described his journey: “I diligently saved money, acquired materials, and devoted two years to constructing my home.”
An Act Creating The "Homebuilt Housing Zone" Of [Enter The City]
WHEREAS among the historical rights of Americans has been the construction of their dwellings;
WHEREAS the great majority of the smaller houses characteristic of [ENTER CITY] have been built through the action and responsibility of their owners;
WHEREAS such houses have proven over many decades to be durable, economical, pleasant to inhabit, and environmentally appropriate;
WHEREAS the housing affordability crisis requires that tens of thousands of accessible homes, such as self-built houses, be expeditiously rebuilt or replaced;
WHEREAS governmental staff is overstretched to the point of inability to process plans and provide inspections expeditiously;
WHEREAS an accretion of restrictive codes, mandatory reliance on licensed architects and contractors, highest construction standards, and complex permitting protocols have increased the cost of house-building very substantially
WHEREAS, even with the substantial government subsidy which is available, the housing remains out of reach of most residents of [ENTER CITY]
WHEREAS self-help and bottom-up decision making is the stated intention of the [ENTER CITY];
WHEREAS all attempts to deliver economical housing in the requisite numbers required have failed, the plight of the citizens of [ENTER CITY] justifies the exploration of unconventional methods, including traditional ones;
THEREFORE, by action of the City Council,
A HOMEBUILT HOUSING ZONE (The HH Zone) is hereby created and added to the City of [ENTER CITY] Zoning Code
The Staff of the Planning Department is directed to draft an HH Zone that incorporates the following provisions:
-The HH Zone shall operate as a contract between the City of [ENTER CITY] (The Municipality) and the owner of the Lot (The Owner).
-The HH Zone shall be an overlay zone applicable within current R-2 Residential Zones.
– The HH designation shall be available by right upon request by the documented Owner. Each Owner shall have a one-time right to an HH Zone designation.
-The HH designation shall be available only to owner-occupied single and two-family houses intended exclusively for residential use, with an internal area of no more than 1600 square feet per unit and no more than two stories.
-The HH designation shall exempt the Owner from the requirements of current permitting procedures, applicable building codes, the employment of licensed professionals, and the protocol of inspections except the filing of a Request for Commencement of Construction (the required information regarding location, etc., is to be developed by The Staff) and Notification of Completion of Construction.
-As a condition of receiving the HH designation, The Owner shall agree by contract to hold the Municipality harmless for injury and death as a consequence of the construction and the habitation of the houses and the consequences of fire, wind, water, and theft.
-As a condition of receiving the HH designation, The Owner shall acknowledge by contract that housing built under the standards of the HH designation may not qualify for insurance and mortgage and holds the municipality harmless for these consequences.
-The Owner shall agree by contract, for the sake of neighborhood harmony, to abide by the setback, height, and other form-based aspects of either a. the R-2 residential Zone, b. the building pre-existing on the lot, or c. the metrics on average of the two houses closest to either side of the lot and the three houses on the opposite side of the street.
-The Owner shall agree to comply with the standards of all applicable utilities.
-The Owner shall agree to complete the construction work within two years of the Request of Commencement filing date.
-As a pilot project, the Homebuilt Housing Act shall sunset within three years of its incorporation into The Code unless it is extended by action of the [ENTER CITY] City Council.
Created by Andrés Duany and DPZ CoDesign.