Zoning Law

Zoning ordinances typically divide an area into districts or zones. Real property use must conform to certain zoning requirements within each zoning map. Zoning is how property can get used in different areas, or "zoning districts," of the city. It can shape the economic and social patterns of the community. Zoning can change over time depending on rezoning initiatives and state laws.

What Is Zoning Used For?

Local governments create zoning codes to make a place pleasant for people to live. Very few people want to live near a huge factory, for instance. Parents may not want a strip club or a cannabis dispensary next to their child's school. But zoning codes also encourage development and respond to changing demographics. 

People often want to live closer to or even alongside commercial areas and their workplaces. As a result, communities increase areas of mixed-use zoning. Some municipalities use zoning codes to:

1. Encourage greater urban density
2. Set minimum lot sizes
3. Preserve open spaces for the public to enjoy

This section provides legal information on zoning classifications, challenges to zoning ordinances, and more.

Zoning Classifications

There are several types of zones related to real estate development. The main zoning categories are:

• Residential: This zone is for houses, apartments, condominiums, and mobile homes. Residential zoning codes often address setbacks, building heights, and size. They also determine whether homeowners can operate home businesses and have animals (such as chickens) on their property. Residential zones may also promote affordable housing for low-income families.
• Commercial: This broad category includes offices, restaurants, and shopping centers.
• Industrial: Industrial zones include factories, warehouses, and similar businesses.
• Agricultural: This zoning category protects agricultural land for farming and related activities. It typically limits the density of development and requires a minimum acreage.
• Rural: This may include residential areas zoned to allow horses or small livestock.
• Historic: Some communities have zoning laws that prevent alterations to historic buildings. This may often affect those who qualify for tax incentives.
• Aesthetic: Some upscale communities have special zoning laws (like homeowner association rules). They cover color schemes, landscaping, building materials, and other aesthetic elements.
• Mixed-use: Some areas get zoned for mixed-use residential and commercial. This is to encourage greater density.

Relief From Zoning Laws

Properties typically must conform to zoning laws, or their owners risk fines and sanctions. But there may be cases when a property owner can change or dispute a zoning determination.

There are generally three ways to dispute a zoning ordinance:

1. Ask for a variance. When a property owner asks for a variance, they are asking a zoning or planning commission for permission to deviate from the zoning code. They will need to prove their case at a public meeting.
2. Dispute a zoning determination. This happens particularly when a zoning code change affects an existing property. In cases like this, a property may not have to follow changes in a zoning code. They may get a permit for "continuing existing use" or "lawful nonconforming use."
3. Challenge the ordinance itself as improper.

Property owners should consult a real estate attorney before pursuing any action.

Zoning Laws and Homeowner Rights

If you live in a home in an area zoned for residential use only, you generally may not use it for commercial purposes. While you can host a garage sale or let your child sell lemonade on the corner, you can't open a restaurant in your single-family home. Similarly, you can't live in your office building in most communities. Most office buildings are not zoned for residential use.

Before making any changes to your property, ensure you understand your local zoning ordinances.

Zoning Laws and Large Developments

Commercial developers might be planning a big neighborhood development. They may want to build large projects such as new skyscrapers or factories. But no homeowner wants to live next to a smelly industrial zone or a busy commercial center. Zoning regulations for large developments allow land use planning that is specifically suitable for these activities. In commercial or industrial zones, zoning rules may be relaxed. This can promote construction and allow private property developers to conduct business on large parcels of land.

A developer who wants to work on a commercial land development project must follow certain steps. They must cooperate with a city's land use and zoning commission to ensure they follow local laws. They may have to submit a comprehensive plan that grants them a conditional use permit to begin development. For example, suppose a developer's use of property involves a gas station and tire factory. They may need to follow environmental law to ensure their activity doesn't:

• Contaminate the soil
• Endanger public health
• Otherwise violate local or state laws

There may be a public hearing before the local government allows the initiative to proceed.

Zoning Laws and Local Businesses

Local businesses may be interested in setting up near densely populated city centers. You can expect greater occupancy if more potential customers are near a business. For example, a local pizza shop in New York City might get more walk-ins if it's right next to a block of multifamily houses. But land-use regulations might require businesses to operate in commercially-zoned activities. At a minimum, a pizza restaurant may want to find areas subject to mixed land use laws. This might allow a commercial business to operate side by side with homes or even inside a mixed-use building.

If you have a zoning law concern, contact a real estate lawyer for help protecting your rights.