• Alex

THE IMPORTANCE OF ZONING WHEN BUYING LAND

In purchasing land or vacant property, you must first and foremost be aware of the zoning regulations and restrictions used by the municipality it falls under. Zoning laws are important in the development of real estate as they are justified on the grounds that they protect the public’s health, safety, and welfare.

The basic function of zoning is to divide a municipality into districts. As much as possible, municipalities aim to keep these different zones separate from one another. It is important to note that zoning can actually control and direct the development of real estate.

ZONING CLASSIFICATIONS

Local laws govern property zoning restrictions in order to determine a land's maximum efficiency and livability. For instance, residential structures typically make sense to be built close together in a residential zone. In the same manner, commercial establishments built in a unified commercial zone, make for a more efficient land distribution.

Common zoning designations include:

–    Residential zone, which allows homes and other dwelling units to be built on it

–    Commercial zone, which allows offices, restaurants, retails stores and the like to be built on it

–    Industrial zone, wherein factories and manufacturing businesses are allowed

–    Historical area or zone, which is designated to maintain and protect structures that have historical significance

–    Rural zone, which is the location for farms and other open land

–    Environmental zone, which is a designated area for the protection of sensitive natural regions

–    Aesthetic area, which prescribes how structures must look in the zoned area

But the zoning types do not end there. They can sometimes be broken even further down into sub-types such as in the case of a residential zone which would have sub classifications like "residential 1" and "residential 2", which differentiates the density of homes for a single family, and for duplexes, respectively.

A property might also fall under more than one zone. A land located within a rural zone might also be found to be in an environmental zone. If this would be the case, when planning the land's development, you must review the zoning requirements and comply with all applicable zoning regulations for both types.

Apart from zoning classifications, there are general restrictions added to a land's use and development. These include:

–   What specific types of buildings are permitted to be built, and up to what size and height they should be

–   Where would the utility lines be located

–   How many rooms is a building allowed to have

–   Any restrictions on accessory buildings, building setbacks from the streets, and any particular boundaries

THE ZONING ORGANIZATION

A zoning ordinance consists of two distinct elements: a map, and zoning regulations. The map in which each land parcel in town is assigned to is usually described in letters and numbers (such as R2), which means “Residential-Two Family” or it is an area good for duplexes and the like.

Zoning regulations on the other hand, describe what uses are permitted in each zoning district and what are the set of requirements needed for the physical layout of buildings, sign regulations, parking, and other similar structures on the land. It would also be good to know that with these zoning regulations governing land are use, a property may be permitted “as of right”, or automatically, to be utilized a certain way, or may be allowed as per special use, or “conditional”, such as in the case of two zoning terms described in one area, provided the recipient conform to the list of conditions posed by the decision made.

DEVELOPMENT REGULATIONS

Regulations on the use of land are not limited to controlling existing buildings and uses, but are also intended for future developments as municipalities follow a planning process that results in a master plan which is put into effect by these zoning ordinances. If you wish to develop your property, you are required to plan in accordance with the official map and plan. Emphasis on regional and statewide planning has recently increased as actions of one municipality would strongly affect its neighboring cities.

There are also certain land restrictions that are not created by governments. These additions may include incorporate restrictions used by land developers such as:

–  Restrictive covenants used to establish minimum house sizes, setback lines, and aesthetic requirements for the intention of enhancing the neighborhood

–  Easements which are rights to use the property of another for particular purposes, and are also used for public objectives such as the preservation of open space and conservation

CHALLENGES OF ZONING REGULATIONS

But what if you do not approve of the zoning regulations applied to the land you wish to develop? You can consult an attorney and take your complaint to court. The city council is the final decision-maker on all zoning applications, or the jurisdiction that delegates authority to another body. Your best bet in hoping to reverse a zoning map or zoning regulation amendment is to look for a procedural mistake possibly made, or argue that the city council involved merely did a spot zoning and only looked into an isolated parcel of land instead of considering the bigger picture.

CONCLUSION

Understanding zoning laws and regulations is important as they will greatly determine whether or not your land can be developed with the purpose you have in mind. Zoning is an important tool in ensuring that your land will be utilized in the best way possible, considering its location and characteristics. Through zoning laws and regulations, the value of your property will be protected by the assurance that incompatible uses for it will be avoided. Regulations associated to lot size, set back lines, population density, and building height can make areas more attractive, and ensure residents and land owners that poor development will not occur. Lastly, zoning provides for a more orderly development of land which an owner, or a potential business investor eyeing to buy property, would greatly benefit from.