Pick a Location
Zoning Overview Zoning ordinances and regulations are laws that define and restrict how you can use your property. Cities, counties, townships, and other local governments adopt zoning plans in order to set development standards to assure that land is used for the common good. Zoning laws come into play on every single real estate development, regardless of how big or small, so if you are thinking about buying property or making improvements to property you already own, you’d better be sure you understand the zoning restrictions before you commit to anything. One zoning use is typically not compatible with another. For example, a commercial building usually cannot be constructed on property that’s zoned for residential uses. Getting the zoning changed on property is a very difficult process. It requires a process of giving public notice and then having a variance approved by government agencies that oversee enforcement of the zoning plan. Opposition to zoning changes by neighbors and other interested parties can be fierce. Before getting too involved in a zoning issue, it would no doubt be in your best interests to hire a local land use attorney to help you through the process. Use requirements refer to how property can be used. Typical zonings categories include:
The bulk requirements of a zoning ordinance refer to:
Land is divided up into legal parcels. If you own land and want to divide it up, you have to go through an authorization process to create new legal parcels. Most zoning ordinances place limitations on a property owner’s ability to subdivide land. There are rigorous procedural requirements for notices, hearings, and consideration by zoning authorities before permission can be given to subdivide property. There are usually simplified procedures if you want to divide your property into only a few parcels (e.g., not more that 4 parcels). These are sometimes called lot splits. In addition, subdivision laws may require:
Some states permit local governments to require developers who are subdividing property to pay for some portion of the municipal improvements that are necessary for residential use, such as:
A subdivision will go through many public hearings, giving ample opportunity for anyone to speak in favor of or against a project. |