An Ultimate Guide for Land Use & Zoning Laws

Zoning laws enable local governments to control which parts of their jurisdiction may contain real estate or land used for specific purposes. Commercial, industrial, agricultural, and residential zones are a few examples of zoning classifications. Zoning regulations affect you depending on where you live or develop property, so it’s critical to fully understand what zoning in real estate is and how it works. Continue reading to learn more about its purposes, various types of zoning ordinances, and state-specific land zoning laws.

What Are Zoning Laws?

Zoning laws are specific rules and regulations that control the division of land into “zones” by the government or municipality. A zoning law, often known as a zoning ordinance, specifies the permissible uses of real property within zoning districts. Zoning rules essentially establish the kinds of properties permitted to coexist in certain areas of the city—whether particular geographic zones are appropriate for residential or commercial use.

Hand holding a pencil to plot out zoned land.

In addition, lot sizes, layout, density, building height, and architectural style may all be controlled by zoning regulations. The processes for addressing any violations of zoning laws, including any associated penalties, are also outlined in zoning ordinances.

How Zoning Laws Work

When an area is designated as a zoning district, the landowner’s use within the zone is subject to particular rules. For instance, a zone may be allocated for a specific type of residential structure, such as single-family homes. On the other hand, zoning districts may have a commercial designation for businesses. Note that some zoning districts may be determined to be mixed-use for both commercial and residential.

Remember that each state, county, and municipality has very different zoning codes. The first place to look for information regarding local zoning laws is your county or municipality’s zoning office, sometimes known as your land use office. You should speak with a local real estate attorney if you have a zoning issue.

What Is the Purpose of Zoning Laws?

Zoning was created with the straightforward goal of ensuring balanced communities. It allows the government to regulate land development and guarantee that the general public is happy with the area they live in. The detrimental effects of industrial zones are minimized for locals by ensuring they are safely separated from residential areas. In addition, zoning permits appropriate land use, facilitates community infrastructure development, and protects existing property from damage or devaluation.

Another purpose of zoning restrictions is to preserve a specific area’s historic appearance or buildings. Zoning laws can restrict real estate development in particular regions, and new structures must match the historic buildings’ height and square footage.

Types of Zoning Regulations

City planners and other interested parties can better comprehend how a city is divided by breaking down the complicated zoning system into simple, general categories. Although most people are only familiar with residential, commercial, and industrial zones, there are a few more to be mindful of:

Residential Zone

Residential zones are designated areas for residential structures, including single-family residences, apartments, condominiums, and mobile homes. In suburban areas, the maintenance of farm animals (e.g., chickens, sheep, horses, pigs, and cows) is usually forbidden by residential zoning laws, which also set strict limits on construction projects.

Commercial Zone

Commercial zoning primarily applies to non-industrial businesses, including hotels, shopping malls, nightclubs, office buildings, and some apartment complexes. There may be laws or rules that restrict the operation of adult entertainment establishments, including bars and gentleman’s clubs, to particular areas. These establishments must usually be far from existing parks, schools, or churches.

Industrial Zone

Industrial zoning, like commercial zoning, can vary depending on the type of business. Environmental factors, such as noise issues, air quality, and use, determine which industrial zone a business belongs in. Industrial zoning is used in many storage facilities and manufacturing plants. Airports are one example of a business that might have its own designation.

The land area occupied by each structure on a lot, or the floor area ratio, is a major factor in industrial zoning decisions, and so is building height. In addition, properties designated as industrial have stricter set-back requirements.

Agricultural Zone

Agricultural zoning primarily applies to agrarian communities. This kind of zoning restricts the land’s non-agricultural use and limits the development density. Density is often determined by setting sizable minimum lot sizes, but this may vary based on the type of operations to be carried out on the land. Ultimately, this zoning type aims to protect farming communities from fragmentation caused by commercialization and housing development.

Historical Zone

Properties or structures deemed worthy of preservation due to their historical or cultural significance to the community are protected by historical zoning. This frequently contains residences of well-known historical people and buildings related to historical events like battles, natural catastrophes, and wars. This type of zoning prohibits any changes to the site or structure from its original condition.

Additionally, structures in these zones can be eligible for tax incentives and could be added to the National Register of Historic Places. A 20% investment tax credit may be given to landowners included in the National Register for the certified rehabilitation of historic buildings that generate revenue.

Rural Zone

Land used for farming and raising livestock like horses and cattle located away from cities is typically classified as rural zoning. The houses and structures on these properties, such as barns and grain mills, are called rural zones.

Aesthetic Zone

Aesthetic zoning is the least common type of zoning; however, it is most popular in planned and upscale neighborhoods. This kind of zoning imposes strict limitations regarding construction and landscaping. Aesthetic zoning also covers material types, decks, solar panels, mailboxes, fences, color schemes, and satellite dishes. Building plans must be submitted and approved by an architectural review committee to comply with aesthetic zoning codes. This kind of zoning maintains a community’s homogeneous look and standard of living.

Combination Zone

There are several zoning designations for mixed-use. Therefore, any area of land that combines two or more different types of zones is considered a combination zone. Numerous combination zones are exclusive to the community that has adopted the specific class. Take a residential area, for instance, where a few small businesses are interspersed among residential buildings, such as houses and apartment buildings.

Land Use & Zoning Laws per State

Keep in mind that each state has rules and regulations regarding their state’s land use and zoning laws. Click on your state below to see its zoning requirements:

Bottom Line

Zoning was created to build unified locations, regulate traffic flow, and provide space for a city to grow. Unfortunately, zoning implementation led to several unforeseen consequences, including a rise in racial wealth gaps and income disparities. Zoning laws must constantly evolve to accommodate growing populations and demands in the modern era.