Zoning Defined

Zoning is a restriction on the way land within its jurisdiction can be used. Through community planning and development, zoning laws help local governmental agencies preserve property values and ensure communities are functional and safe places. Without zoning, a gun store could open up next to a school, an adult club could operate near a playground, and a busy store could maintain its business on your residential street. Through zoning restrictions, activities by these establishments are not allowed and these violaters would suffer major consequences for their noncompliance.

Understanding Zoning Laws

The government, usually a local municipality, town, or township sets the zoning rules and regulations for their specific locality. Typically, the agencies divide their jurisdictions into zones, classified by particular types of land use. For instance, one area might be zoned for residential use, another nearby for commercial use, one on the outskirts of a city for commercial use, and one for agricultural use to raise livestock. And hybrid zones may also exist within these broad categories. Some residential areas might allow only single family homes, while others may also include apartments and townhouses.

Complying With Local Zoning Laws

The property owner must comply with the local zoning laws. For instance, if the owner buys a house for his residence, he can’t raise pet goats and llamas in that area unless it is zoned for that, like an agricultural zone. If the property owner wishes to use his land in a way that does not comply with the stated requirements of the zoning laws for that piece of property, the owner must be granted an exception (often called a special use permit) by first filing an application with the local board and getting neighborhood approval.

Sometimes zoning of a given area can also change. In such instances, those who owned property before the change took place are generally “grandfathered” in under the local zoning ordinance, and allowed to keep using the property for the same purpose though that use doesn’t comply with the new zoning rules.

Case Studies: Understanding Zoning Laws and Compliance

Case Study 1: Residential Zoning Violation

John, a property owner, unknowingly violated residential zoning laws by converting his garage into a small retail space without obtaining the necessary permits. When the local municipality discovered the violation, John faced consequences, including fines and the possibility of having to revert the property to its original residential use. Seeking legal guidance, John consulted a lawyer to navigate the zoning regulations and explore options for obtaining the required permits.

Case Study 2: Commercial Zoning Exception

Sarah, a business owner, wanted to open a daycare center in a residentially zoned area. However, local zoning laws prohibited commercial operations in residential zones. Sarah decided to apply for a special use permit to seek an exception for her daycare center. With the assistance of a zoning attorney, Sarah went through the application process, obtained neighborhood approval, and successfully received the necessary permit to operate the daycare center.

Case Study 3: Zoning Law Change Impact

Michael owned a property that was initially zoned for agricultural use. However, due to changes in the local zoning ordinance, the area was rezoned as a residential zone. Although the new zoning rules did not permit agricultural activities, Michael was “grandfathered” in and allowed to continue his farming operations on the property. To understand his rights and responsibilities under the new zoning regulations, Michael consulted a zoning lawyer.