Zoning ordinances and regulations control how you, as a homeowner or resident, can use your property. Cities, counties, townships, and even state governments use zoning laws to guide development and shape the community. These laws directly impact most property owners. Before you buy or develop real property, you need to become familiar with the zoning regulations that apply.
Why Zoning Is a Big Issue for Real Estate Owners
Zoning comes into play on every single real estate development, big or small. If you fail to find out what uses are allowed before you buy property to build upon or develop, it can turn into an expensive mistake if it turns out zoning prohibits your plans. Not only can you be forced to remove any improvements made to the property that violate the zoning regulations, you can also be fined and face a code enforcement action.
Zoning also impacts the value of a given piece of property when one is looking to build a subdivision. And, depending on how productive the land is for agriculture, it could turn out to have limited value for farming, too. If you find a piece of vacant land that seems ideal for a rural subdivision, but later find out is zoned for agricultural use and cannot be divided, you could be stuck with a bare piece of land with no development or other useful potential.
How Zoning Districts Affect Permissible Land Uses
Many of what ways in which owners use their land are incompatible with each other. For example, most people living in a sleepy residential neighborhood do not want a heavy industrial use, like an oil refinery, right next door. Similarly, many farm uses, which can be noisy, dusty, and stinky, are not compatible with residential uses. To guide certain types of development and avoid conflict, zoning regulations have been adopted in most areas of the United States.
Common Land Use Controls
Many jurisdictions have two primary documents that relate to zoning. The first is called a comprehensive plan (also known as a “master plan” or “general plan”). The other is a zoning ordinance (sometimes called a “land use ordinance” or “development code”).
The comprehensive plan is the policy document that guides development in an area. The zoning ordinance, typically comprising both text and a zoning map, includes land use regulations that classify property into various zones, restrict the use of land, impose development standards, and include procedural requirements. The zoning ordinance implements the comprehensive plan.
Land Use Requirements and Restrictions
Where there is zoning, land is classified into specific districts. Common classifications include:
- residential
- commercial
- industrial
- agricultural, and
- recreational.
These classifications usually break down into further subcategories. For example, residential zoning normally has subcategories for single-family and multiple-family zones. You might also encounter mixed-use zoning, for example, a work-live zone where small scale retail and manufacturing is allowed along with a residential dwelling.
You can determine what district your property is in by reviewing the applicable zoning map. The zoning map is normally a part of the zoning ordinance. Most places make the map available online; or the local planning department can direct you to where a copy can be found.
Different Land Uses in Different Zones
For each zoning district, the zoning ordinance will list allowable uses. In most cases, each allowable use will be listed as a “Permitted Use” or “Conditional Use” (or some variation of those terms).
Permitted uses are allowed outright, but might still require a permit. Conditional uses are subject to review by the local government. In many cases, the government will impose conditions on the use (for instance, extra parking or stormwater control).
Using single-family residential zone as an example, single-family dwellings and home occupations are often listed as outright permitted uses. An accessory dwelling unit (ADU), however, could be prohibited or allowed only as a conditional use. If the accessory dwelling is approved as a conditional use, the local government may impose additional off-street parking requirements among other conditions of approval.
Typically, if a use is not listed as an allowable use in a certain zone, it is prohibited in that zone. Thus, for instance, if you're hoping to start a small brewery, and don't see any similar light manufacturing uses mentioned, you're potentially out of luck.
Development Standards Also Apply
For a land use to be approved, it must comply with the development standards found in the applicable zoning ordinance. Development standards include design requirements and other criteria that control the manner in which a development must be completed. These standards vary depending on the specific use at issue. Development standards can include, for example:
- height restrictions
- building setbacks
- minimum lot size
- lot coverage
- density
- transportation and access
- parking
- building and landscape design, and
- drainage.
If a development cannot be completed in accordance with the development standards, the local government will not likely approve the use unless a variance is granted. Most jurisdictions will have a provision in the zoning ordinance explaining when a variance will be granted.
Rules and Standards for Subdividing Land
Many property owners divide their land into multiple lots with the hope of selling them at a profit. Subdivisions are a common type of land development. Subdividing land is subject to the zoning ordinance and perhaps even a separate subdivision ordinance.
There are usually simplified procedures if you want to divide your property into only two to four parcels. These are sometimes called lot splits or partition. The process is more complex for a large subdivision.
Subdivision laws could mandate a subdivision to be developed to meet:
- minimum lot size requirements (for example, 7,000 square feet)
- street specifications
- utility requirements, and
- density requirements (number of structures and residents per area).
In some states, local governments have the power to require developers to pay for infrastructure for their projects. These are called System Development Charges (SDCs). These costs can include new utilities, roads, and even schools.
If you want to subdivide your land, be sure to talk to a land use attorney licensed to practice law in the state the property is located.
Zone Changes Are Not Easy to Bring About
The fact that your land is not zoned for a certain use does not necessarily mean there's nothing to be done. In some situations, the zoning can be changed to allow a different use. Most zoning ordinances have provisions that outline the application procedure and requirements for zone changes.
The process can be difficult and time-consuming, however. At a minimum, it usually requires notice to the public and a land use hearing before the local government will grant or deny a request for a zone change.
Given the complexity associated with zoning issues, it is a good idea to hire local land use attorney to help review your land use plans and your options for handling zoning concerns.