Zoning and Regulatory Issues

What is zoning?

The primary purpose of zoning laws is to segregate land uses that are thought to be incompatible with one another and to prevent new development from harming existing businesses or residents.

Zoning is commonly regulated through local governments such as counties or municipalities.

Zoning can include restrictions on one or more of the following:

Use - residential, commercial, industrial, agricultural, open space use
Density - example of a high-density use would be a multi-story high-rise
Height and setbacks – how tall can a building be and how close to its property boundaries can it be built.

Location of building on the lot - setbacks to the streets and other boundaries.

Impervious surface - How much space can be paved or built on and what portion must be natural landscaping.

Zoning can have an impact on the value of land because it dictates its use.

You should refer to the city or municipal planning commission for further information on zoning.

Zoning regulations divide a community into sections or zones that specify the use of the property.

A parcel could be zoned:

Residential
Commercial
Agricultural
Industrial
Multi-Use

Zoning ordinances regulate such things as:

Building height
Shape and size of a building
Set back regulations (how far the building must be set back from the street and back of the property).
Side yard regulations (how close one building can be to another side building)
Requirements for open undeveloped areas called buffers

There can be certain exceptions to the zoning ordinances that include:

Variances
Nonconforming uses
Conditional use
Rezoning

Variances - a variance is granted by the local government to build or maintain a structure which falls outside of the zoning ordinance. A variance is granted when the property owner virtually cannot comply with the zoning or would suffer severe hardship in attempting to comply with the existing zoning. In most circumstances, only minor variations to the existing zoning ordinances are allowed.

Nonconforming Use - A nonconforming use permit is usually issued when a property was being used for a particular purpose prior to zoning or prior to a zoning change.

Usually, a nonconforming use permit contains certain restrictions for the property owners such as:

A time limit in which to conform to the new zoning (example would be 12 years from the time of the zoning)
Prohibition of rebuilding if the property is destroyed
Prohibition of enlarging the structure
Prohibition of a continuance of the permit if the building is abandoned

Subdivision Regulations

A parcel of land which had been divided into two or more parcels is a subdivision.

Physical Regulations

The physical aspects of a subdivision are usually administered by individual counties or cities within the state. To subdivide a parcel of land, an individual or company must notify the county. This is done via submission of a plat map or subdivision map. These maps must be approved by the city or county and it may be approved as submitted or require certain amendments. A subdivider may not sell any lots until they have been approved.

The plat map or subdivision map may contain information about the utilities, boundaries for the proposed lots, information on sidewalks etc.

The elements that are contained in a plat map or subdivision map are usually:

A legal description of the land being subdivided
Dedications to the city or county for such things as streets, sidewalks and utilities
The consent of the landowner for the subdivision.

If you're considering buying or selling a property, it's important to understand the zoning regulations for that area. Zoning can significantly impact the property's value and potential uses.