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Exclusionary Zoning and Missing Middle Housing

A RaleighForward Resource Page

Housing affordability has been deteriorating in Raleigh over the last few years.  As the City attracts new residents with world-class education and economic opportunities, it is not producing enough housing to accommodate the demand.  And because demand continues to outpace supply, housing costs are accelerating.  One significant constraint on supply is the prevalence of exclusionary zoning.  Nearly  64% of the City is zoned exclusively for residential uses.  And until Council’s recently adopted regulatory reforms, duplexes, triplexes, townhouses and small apartments (also known as “Missing Middle” housing) were prohibited in nearly 40% of the City.  This regulatory scheme favoring single-family detached houses is called “exclusionary zoning.”  Exclusionary zoning is rooted in past efforts to perpetuate racial  segregation resulting from redlining, private racial restrictive covenants and other discriminatory housing policies. So, What is Missing Middle housing?  In general, it means one or more buildings that don’t exceed 3-stories and contain anywhere from 2-16 residential units. In other words, it is the housing that falls somewhere between a traditional single-family detached house and a large apartment building.  

Like Raleigh, most cities in America implemented exclusionary zoning. Recently, however, many scholars and elected officials are recognizing the connection between exclusionary zoning and the housing affordability crisis sweeping the Country.  By prohibiting anything but single-family detached homes from large portions of cities, exclusionary zoning artificially restricts the ability of cities to expand housing inventory.  To address this, Raleigh and many other cities enacting regulatory reforms to expand the types of housing that can be built within residentially zoned areas.  While some people mischaracterize these reform efforts as “prohibiting single-family zoning,” what these reforms actually do is diversify the kinds of housing that can be built in more places across the City.  These reforms don’t prohibit or even increase the regulatory burden on someone wishing to build a single-family detached home. There are many examples of Missing Middle housing in Raleigh and across the country, but most was built prior to World War II and the widespread use of exclusionary zoning.

Given recent events surrounding the townhouse proposal in the Hayes Barton neighborhood, RaleighForward produced a resource page dedicated to Missing Middle Housing.  We hope that people concerned about the issue or those looking to learn more about it find this information helpful.  We also included a detailed timeline laying out the extensive process the City went through as it considered how to address housing affordability and the Missing Middle issue.  As indicated in the timeline below, the Raleigh City Council began discussing the Missing Middle reform starting 2018. During the Missing Middle regulatory reform process, City Council, Planning Commission or their respective committees discussed the issue during at least 21 public meetings across almost 3-1/2 years before the first Missing Middle reform was adopted that allowed for townhomes to be built within neighborhoods like Hayes Barton.

But don’t take our word for it.  As followers of RaleighForward know, our goal is to provide easy access to accurate information so residents can evaluate the situation independently and come to their own conclusions.

Ghosts of the Past: Restrictive Covenants and Their Impact on Raleigh’s Urban Equity by Sneha Bora

RaleighForward’s Comprehensive Coverage and Analysis of Missing Middle:

Raleigh Lawsuit:

Link to lawsuit on Missing Middle Housing in Raleigh

Link to Appeal to the Raleigh Board of Adjustment Challenging the City’s Approval of the Proposed 18 Townhomes in Hayes Barton neighborhood

Link to Court of Appeals Decision, 12/17/25

RaleighForward Exclusive: Lawsuits, Appeals and the Future of Raleigh’s Missing Middle Housing Reform

RaleighForward Exclusive: Hayes Barton Homeowners Sue Raleigh to Overturn Missing Middle Housing Reform

RaleighForward: Missing Middle May Be Under Attack

RaleighForward: 4/12/25 Update: Lawsuits Challenging Raleigh’s Missing Middle Housing Reforms

City’s Motion to Dismiss

Defendant’s Motion to Dismiss and to Strike

Venters Amended Complaint

Memorandum of Law in Opposition to Defendant’s Motion to Dismiss

City of Raleigh’s Brief in Support of Motion to Dismiss

Memorandum of Law on behalf of Defendants

Order Granting Defendants’ Motion to Dismiss and Denying Their Motion to Strike

Hayes Barton Neighbors Missing Middle Litigation Seeking to Invalidate the Missing Middle Ordinance activity through March 28, 2024

Hayes Barton Appeal of the Raleigh Board of Adjustment Litigation Seeking to Overturn Raleigh’s Preliminary Subdivision for 18 townhomes

Amended Memorandum of Ruling

Judge’s Decision (7/12/24)

Remand Order C 

Barksdale Covenant Plans

Filed Complaint

908 Williamson Appeal

Raleigh Country Club v. City of Raleigh

Raleigh Country Club Petition for Writ of Certiorari

Amended Memorandum of Ruling (4-23-24)

Exclusionary Zoning and Missing Middle Housing Articles and Research

Exclusionary Zoning:

Opinion Piece: To fight racism, throw out neighborhood zoning laws

Sightline: Exclusionary Zoning Robs Our Cities of Their Best Qualities

TCF: Understanding Exclusionary Zoning and Its Impact on Concentrated Poverty

Vox: Exclusionary residential zoning solely for single-family detached homes is rooted in racism and redlining

Sightline: Nine Reasons to End Exclusionary Zoning

Vicki Been Presentation for WakeUP/RF Reception: The Housing Supply/Affordability Crisis: What Can We Do About It?

RaleighForward: Senate Bill 688: Evaluating the Local Government Land Use Reform Act

Missing Middle Housing:

David Schleicher: YIMBYs beat the politicians. Now they have to beat the judges.

RaleighForward Op-Ed in the Raleigh News & Observer: Raleigh makes room for more mid-price housing

City of Raleigh: Missing Middle Housing in Raleigh

Southern Urbanism’s Four-Part Series:

Missing Middle Housing: Defining Missing Middle

Planetizen: What is Missing Middle Housing?

News & Observer: Restore the missing middle of housing

NC Impact: Missing Middle Model to Ease Housing Shortage in Triangle Region

Montgomery Planning: Montgomery County, Maryland Frequently Asked Questions regarding Missing Middle Housing

TCF: Missing Middle Regulatory Reform is one way to address the social and income inequality perpetuated by exclusionary zoning

T&F: Death to Single-Family Zoning…and New Life to the Missing Middle

Utah Foundation: Is the ‘Middle’ missing?

Up for Growth: Where and how to implement Missing Middle regulatory reform to expand housing opportunities and improve affordability

YouTube: This panel discussion includes remarks by Nolan Gray and Jenny Shuetz, both experts in land use and housing regulatory reform, including Missing Middle regulatory reform

NYU Furman Center: Supply Skepticism: Housing Supply and Affordability

Opticos Design: Aging U.S. Population Boosts Demand for Missing Middle Housing

Generations: The Evolving Promise and Potential of the Granny Flat

Next City: Will U.S. Cities Design Their Way Out of the Affordable Housing Crisis? Missing middle architecture could ease rents — and allow more Americans to build real estate wealth

University of Toronto: Putting Affordability in the Missing Middle

Journal of Planning Literature: Zoning change: Upzonings, downzonings, and their impacts on residential construction, housing costs, and neighborhood demographics

Raleigh City Council Presentation on Missing Middle 6/18/24

Raleigh City Council Presentation on Missing Middle, Options for Potential Revisions

Books Related to Missing Middle Housing and Exclusionary Zoning:

The Affordable City

Fixer-Upper

Arbitrary Lines

Pocket Neighborhoods

Neighborhood Defenders

Raleigh’s “Missing Middle” Housing Reform Timeline