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Property Zoning Laws

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What Is Residential Zoning?

Residential zoning is land use designated for houses, apartments, and duplexes. For example, the laws regarding residential property outline if mobile homes can be parked on property and limit the number of animals at a residence. Whether a homeowner can open and operate a home based business also depends on residential zoning laws.

What Commercial Zoning Laws Used For?

Commercially zoned areas include hotels, offices, nightclubs, and shopping centers. The zoning laws are for any property opened for business patrons. Commercial zoning laws do have limitations. For example, a jurisdiction may which businesses can open next to existing business such as restricting an adult business from opening next to a school.

Can I Open Up a Business in a Residential Area?

It depends on the jurisdiction. However, many places can open in areas deemed mix-use zoned areas. A mix-use zoned property is for commercial and residential areas.

What Is a Zoning Violation?

A zoning violation involves breaking a property zoning law. For instance, a homeowner decides to open a business in the basement of his home. If home-based businesses are against residential zoning laws in that community, it is a zoning violation.

A local government may find out about the violation by inspecting the property. An agency inspector may uncover the violation during a routine check with or without the owner’s consent.

What Are Zoning Violation Penalties?

A landowner who violates zoning laws can face punishment such as:

  • Jail time
  • Criminal fine
  • Civil penalties
  • Withholding a building permit
  • Decrease or increase in property value

Complaining resident. A homeowner or business owner may find out about the violation and report it to the zoning agency.

Who Makes the Laws Regarding Zoning?

A zoning or planning department in a particular jurisdiction oversees the zoning laws.

Should I Contact an Attorney Regarding Property Zoning Laws?

Consulting with a real estate lawyer about property zoning laws will help you avoid any serious problems in the future such as a zoning violation.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 07-21-2015 03:26 PM PDT

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