Through zoning, a city regulates building size, population density and the way land is used. Zoning recognizes the changing demographic and economic conditions of the city and is a key tool for carrying out planning policy.
Zoning laws are part of every single real estate development, regardless of how big or small. So if you are thinking about buying property or making improvements to property you already own, you need to be certain you understand the zoning restrictions before you commit.
Zoning Restrictions
Zoning refers to how property can be used. Common zoning categories include:
- Residential
- Commercial
- Industrial/Manufacturing
- Agricultural
- Recreational
These categories may be divided into further sub-categories. For example, there are sub-categories for single family (i.e., homes) and multiple family (e.g., apartments or condominiums) residential use.
Zoning laws set forth a variety of use restrictions, such as:
- the height and overall size of buildings
- their proximity to one another
- what percentage of the area of a building lot may contain structures
- what particular kinds of facilities must be included with certain kinds of uses
One zoning use is typically not compatible with another. For example, a commercial building usually cannot be constructed on property that's zoned for residential uses. If you buy open ground to build your dream house that is in an agricultural zoning, you may not be able to build it without a change in the zoning.
Getting the zoning changed on property is a very difficult process. It requires a process of giving public notice and then having a variance approved by government agencies that oversee enforcement of the zoning plan. Opposition to zoning changes by neighbors and other interested parties can be nasty.
You can find out how property is zoned by calling your local planning department. They can also explain what you would need to do to get a variance.
Zoning Problems
You may be unpleasantly surprised to find you can't use your property as intended.
In some cases there are legal processes to help you appeal the technical requirements
of the zoning laws.
Non-Conforming Use
Existing properties are often used in a manner that's inconsistent with a new zoning
ordinance. Such uses are referred to as non-conforming uses because they
don't conform to the requirements of the zoning ordinance. A use may be non-conforming because:
- the nature or characteristics of the building itself don't conform to the zoning ordinance
- the activity going on in the building doesn't conform
As an example, a factory located in a residential zone is a non-conforming use. A two-story building located in a one-story zone is also a non-conforming use. Generally, you don't have to quit an existing non-conforming use and may continue after the adoption of a zoning ordinance.
However, the right to continue a non-conforming use may be lost if the non-conforming use is abandoned. For example, if a fast-food restaurant is operated in a storefront in an area that is later zoned to exclude all food-related operations, the restaurant may continue to operate. If the restaurant closes, the right to continue the use may be lost if the same restaurant is not re-opened, or if some other similar food-related use is not begun within a certain period of time. If the building itself is non-conforming, the right to be non-conforming may be lost if the building is completely, or even partially, destroyed.
Amortization is another way to limit non-conforming uses. Under this approach, a non-conforming use is permitted to continue for a specific period of time, after which it must be converted to a conforming use.
Conditional Use
Conditional use is a use which is permitted under a zoning ordinance, but which
must meet certain conditions. For example, a zoning ordinance may permit professional
offices in a residential zone, if at least four off-street parking places are provided.
When a use is conditional, the zoning ordinance often will require the property owner to file an application with local officials so that they may determine whether the conditions have been met.
Variances
A variance or special use permit is an exception to the requirements of a zoning
ordinance. Most laws concerning zoning ordinances also detail
the circumstances under which variances may be granted.
Usually, you must show some kind of hardship to justify getting a variance. Some examples of hardship are:
- an under-sized lot on which a variance is needed to construct any useful structure
- an odd-shaped lot cannot satisfy the side-yard and setback requirements for the construction of a residence that would otherwise be permitted in the zone
Spot Zoning
Local land use plans and zoning ordinances usually contain restrictions on land
uses in specific areas (or "zones") outlined in the plan or ordinance.
Once local officials have adopted a plan and ordinance, property owners may seek exceptions to the requirements and limitations, either through:
- An amendment to the plan or ordinance
- An application for a variance or special use permit.
In both cases, the amendment or application may be opposed on the ground that permitting special exceptions for specific properties is inconsistent with the overall land use plan or ordinance, and constitutes illegal spot zoning.
