Zoning Laws

What are zoning laws?

Zoning laws divide a municipal area into a number of zones, splitting the map up and determining how the land can be used based on which zone a piece property occupies. Property owners in the same sections of the map are all subject to the same zoning regulations. 

These restrictions can cover a wide variety of things, from building size to setbacks from roads, signage and more. 

They can also regulate how the property is used. Zones could be restricted to commercial, residential, or industrial use, along with other less-common zoning districts. In many municipalities, there are special zones established for mixed-use development, and some zoning regulations are negotiable based on a developer’s application for conditional use permits.

Things like noise level and parking are also often regulated by zoning ordinances.

For a complete guide to zoning laws, check out LegalZoom’s guide to zoning ordinances.

FAQs 

What does it mean if a property is not zoned?

If a property is not zoned, there are no municipal restrictions on how the land can be used or developed. It’s important to note that just because there are no zoning requirements on these types of properties, a structure must still conform to local building codes and safety standards. 

Who creates zoning laws?

In most municipalities, zoning regulations are created by the local government. Zoning restrictions are drafted in accordance with state and federal statutes by a local zoning board and then presented to the city council for approval. In some places, these ordinances must then be brought before the county commissioners to be confirmed before the ordinances are enacted.

What happens if I violate the zoning ordinances of my city?

Failure to adhere to current zoning regulations can lead to financial and legal trouble, and potentially impact your property value. Many municipalities have stiff fines for zoning ordinance violations, and some will take civil action against repeat offenders. It can also prevent you from securing certain licenses and permits from the city and county, making it harder to operate a business or build a home.