Under California real estate law, property zoning laws are restrictions that are enacted by local governments in order to manage how land is developed and utilized in a certain region. These are regulations that specify the structures, buildings, and uses that are allowed in certain community zones.
Zoning restrictions determine the authorized use of a property. This can include being used as residential, commercial, agricultural, and industrial.
It also determines the type of construction that is allowed on the site, for example, single-family homes, multiple-unit structures, retail stores, etc. To find out more about the specific types of properties that are allowed in different zoning areas in California, it is important to schedule a lawyer consultation.
What Are the Most Common Uses Found in Zoning Ordinances?
There are several examples of common types of applications in zoning ordinances, including:
- Residential: Single-family homes, townhouses, apartments, etc.
- Commercial: Shops, offices, restaurants, etc.
- Industrial: Factories, warehouses, etc.
- Agricultural: Farms, nurseries, etc.
- Recreational: Parks, golf courses, etc.
A request can be made to deviate from a zoning law. A zoning variance allows a property owner to vary from the zoning restrictions and use their property in a manner that would otherwise be prohibited by the local zoning ordinances.
The decision to grant a zoning variance will be based on the facts of each request. These requests may include criteria, including the intended use of adjacent properties, the previous uses of the site, and the general aims of the community’s land use plan.
What Are the Most Common Types of Zones in California?
The most common types of property zones in California include:
- Residential Zones: These are single-family residences, townhouses, and apartments.
- Commercial Zones: These areas are for commercial use, for example, retail stores, offices, and restaurants.
- Industrial Zones: These areas are for industrial usages, such as factories, warehouses, and other heavy production.
- Agricultural Zones: These are for agricultural purposes, such as farms, nurseries, and agribusiness.
There are also other common types of property zones in the state, such as:
- Mixed-Use Zones: These areas combine several uses, including residential, commercial, or industrial.
- Open Area: Parks, wildlife preserves, and other types of open areas are in these zones.
- Institutional Zones: These areas are used for educational, religious, and other institutional purposes.
Every municipality can have distinct zone laws and types within each of the zones. Zoning is intended to produce a well-planned community in which various land uses are divided in order to reduce disputes as well as to promote a functional and pleasant environment.
A California lawyer can help an individual gain a better understanding of the types of zones that exist in California as well as what types of properties exist within those zones.
Is It Possible To Get Around Zoning Restrictions?
When someone wants to use their property in a way that their California zoning regulations do not permit, there may be some options available, including:
- Request a Zoning Variance: As noted above, a zoning variance is an exemption to the existing zoning restrictions.
- A variance allows a property owner to use their property in a way that violates existing zoning restrictions.
- Rezoning: This process changes the authorized use of a property from one zone to a different zone.
- For example, if someone owns a property in a residential zone and they want to use it for a commercial purpose, they can request a rezoning.
- This is usually done through a public hearing process after the owner requests permission from the local government.
- Challenge the Zoning Law: An owner may be able to challenge a zoning ordinance in court if they believe the law is discriminatory or otherwise illegal.
- This may be a complex and time-consuming process, so it is essential to have legal representation.
It is very important to remember that zoning restrictions are implemented to protect a community’s safety, health, and welfare. It is very important for a property owner to review the local rules and speak with the local authorities as well as a local lawyer before they pursue any of these avenues so they understand the requirements in their area.
It is essential that an individual not try to take matters into their own hands or violate the zoning ordinances in their area, as they may face significant legal consequences.
Who Controls Zoning Laws in California?
In the State of California, zoning laws are controlled primarily by local governments, including cities and counties. These entities create and enforce local ordinances that define property use, density, and building height.
The state itself will set overreaching housing goals and mandates. Agencies such as the Department of Housing and Community Development (HCD) influence local planning by using statewide legislation.
Zoning decisions are commonly made by municipal or county planning departments, boards of supervisors, or city councils. These organizations are often in charge of creating and implementing zoning restrictions in their areas.
Planning commissions are groups of volunteers or appointed individuals who are educated in land use, planning, and development that commonly make zoning decisions. The planning commission will examine proposed zoning code amendments, offer recommendations to the governing body, and organize public hearings regarding zoning issues.
The governing body, for example, the city council or county board of supervisors with the proper jurisdiction, will typically decide on a zoning issue. These decisions can be appealed to a higher court if a property owner feels they were capricious, arbitrary, or otherwise were not in compliance with the law.
What Are Permissible Restrictions?
A permissible restriction is a limitation that is imposed by a zoning law that is permitted by law to protect a community’s health, safety, and welfare, and guarantee that land uses are compatible with one another. Examples of permissible restrictions can include building height, lot sizes, parking, and other issues. It may also include how buildings may be used, such as exclusive residential use.
Although zoning laws can contain limits, they are not permitted to restrict property use in a capricious, arbitrary, or discriminatory manner. In addition, limits that remove property value or prohibit an owner from making fair use of their property will likely be deemed unlawful.
What Is a Land Use Plan?
A land use plan is a document outlining the objectives, policies, and recommendations for using and developing land in a particular area of California. Typically, it will contain data about current land use, natural resources, population trends, transportation networks, and other factors that influence land use choices.
The objective of a land use plan is to guide future development and expansion in a way that is economically feasible, sustainable, and compatible with the goals and values of the community. It can also be used to determine zoning amendments and other land use restrictions.
The plan will often contain maps and explanations of the different land use categories, information regarding public transit, open spaces, and other public services. The plan may also include goals for future development, such as protecting open space.
What Are Penalties for Violating Land Use Regulations in California?
In California, the penalties for violating land use regulations will depend on the offense and the offender. There can be daily penalties, which may range from $5.00 to $500 per day, fixed fines for certain infractions, and specific fines for city ordinance violations.
If an offense is serious or an individual is a repeat offender, they can face misdemeanor criminal charges, resulting in jail time up to six months, criminal fines, or both. An individual may also face civil penalties or an injunction, a court order to stop engaging in certain conduct.
If an offender is a licensed contractor, they may face potential license suspension or revocation by the Contractor State License Board (CSLB). For more land use restrictions legal advice, it is essential to reach out to a California real estate lawyer.
Should I Consult a California Real Estate Attorney?
You may think it would be a waste to spend money on a California real estate lawyer for your zoning and land use question or issue. It is free to use LegalMatch’s lawyer-client matching services.
If you violate your local California zoning laws, you can face fines and even jail time, so having legal advice can even save you money. It will only take you around 15 minutes to complete the online submission process on the LegalMatch website and be matched to licensed and prescreened California real estate attorneys in your area, so get started today.
