Zoning Rules for In-Law Units
Zoning rules for in-law units vary in each jurisdiction. If your ordinance allows in-law apartments, its requirements and restrictions must be followed. Confirm that your local zoning law allows for the planned size, design, and location of the unit on your property. You might be in violation of the local zoning law if your district is not zoned for two-family homes, and you will be subject to fines and permit requirements for breaking zoning rules.
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UPDATED: Jul 16, 2021
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UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Before beginning construction on your house, check your local zoning ordinance to confirm that the intended secondary unit is allowed in your district. Generally, an in-law apartment has a separate kitchen, bathroom, and living area. If the in-law apartment is considered to be a separate residence, it may be classified as a conversion of your one-family home into a two-family home. You might be in violation of the local zoning law, if your district is not zoned for two-family homes, and subject to fines and building permit requirements.
How can zoning laws affect your construction decision?
Since local zoning laws vary in each jurisdiction, carefully read the construction provisions of your local zoning ordinance before building your in-law apartment. If your ordinance allows in-law apartments, its requirements and restrictions must still be followed. Confirm that your local zoning law allows the planned size, design, and location of the unit on your property. Adding a few rooms to your existing house by finishing the basement and installing a kitchen might expose you to fewer zoning restrictions, than turning your existing house into a duplex, or building a separate cottage in the backyard.
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Do local zoning ordinances prohibit the construction of your intended unit?
If the local zoning regulations do not allow the construction of your in-law apartment, building this apartment is a violation of the zoning code with possible fines and penalties. However, you may be able to get an exception (often referred to as a “special use permit“) through a petition to the zoning board and/or with the approval of your neighbors. Alternatively, you can change the scope of your project to a type of in-law apartment whose construction is permitted by the zoning code.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.