Zoning Ordinance Lawyers

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 What Are Zoning Ordinances?

Zoning ordinances are regulations that determine the usage of property within specific geographic locations or coordinates on a map. These regulations are typically implemented by cities and counties to control and limit activities that take place within their jurisdiction.

While state and federal governments generally do not engage in land regulations, zoning ordinances are common for both commercial and residential areas.

The impact of zoning codes can be observed in neighborhoods with similar aesthetics, housing styles, or price ranges, where homes may have varying color schemes but maintain similar floor layouts. Understanding how zoning works and its implications can help property owners and businesses navigate these regulations.

How Does Zoning Work?

Zoning can be applied to land before construction, before its usage changes, or even after an area has been established.

Local governments divide land into zones or districts and determine the permitted uses for that land and structures within it. For example, zoning categories may include residential, commercial, industrial, agricultural, and mixed-use zones.

Residential Zones

  • Single-family homes: These areas are designated for detached houses on individual lots.
  • Multi-family homes: These areas may allow duplexes, townhouses, or apartment buildings.
  • Minimum lot size: This specifies the smallest size of land on which a structure can be built.

Commercial Zones

  • Retail: These zones are designated for businesses like grocery stores, shops, or restaurants.
  • Office: These areas permit office buildings, professional services, and medical facilities.
  • Entertainment: These zones may allow movie theaters, concert venues, or amusement parks.

Industrial Zones

  • Light industrial: These areas permit manufacturing, warehouses, and storage facilities.
  • Heavy industrial: These zones are designated for more intense uses, such as chemical plants or steel mills.

Agricultural Zones

These areas are reserved for farming, ranching, and other agricultural activities.

Mixed-Use Zones

These areas permit a combination of residential, commercial, and sometimes industrial uses.
Zoning ordinances often dictate what a property cannot be used for, such as prohibiting industrial activities in residential zones or restricting the height of buildings in certain areas.

These regulations help structure the way cities operate, and their specifics can vary greatly depending on location. For example, zoning laws in New York City may have more stringent requirements for building height and density due to the city’s population and limited space. In contrast, Los Angeles may have broader zoning categories that allow for more expansive, low-density development.

Zoning ordinances separate commercial and residential uses to ensure that residents are not exposed to excessive noise, traffic, or pollution from commercial or industrial activities.

For example:

  1. Residential zones: Neighborhoods are protected from potential disturbances caused by commercial or industrial businesses, ensuring a safe and quiet living environment.
  2. Commercial zones: These areas are designated for businesses and commercial activities, allowing for economic growth and development while preventing conflicts with residential areas.

By separating these zones, zoning ordinances promote a balanced and organized urban environment, maintain property values, and ensure the health, safety, and welfare of the community.

What Are Commercial Zoning Ordinances?

Commercial zoning ordinances can regulate the types of businesses allowed, the activities they can engage in, and the activities they cannot participate in. These laws may also govern various aspects of a zoned area’s appearance, such as architectural style, landscaping, and building decoration (e.g., paint color).

What if Zoning Changes in My Location?

Rezoning can negatively affect families and businesses by changing the permitted land uses in a specific area. This can occur when local governments decide to alter the zoning designations to accommodate new development plans, address changing community needs, or correct previous zoning errors.

Here are some examples of how rezoning might force residential properties to convert to commercial use or vice versa:

  1. A residential neighborhood may be rezoned to accommodate commercial development, such as a shopping center or office complex. Living next to commercial development could lead to increased noise, traffic, or pollution in the area, negatively impacting the quality of life for existing residents.
  2. An industrial area may be rezoned for residential use to address a housing shortage or promote urban revitalization. Businesses operating in the area may be required to relocate, causing potential financial strain and disruption to their operations.

However, there are exceptions and provisions that may allow properties not meeting new ordinance requirements to remain after zoning changes:

  • Legal non-conforming use: This exception permits a property to continue its existing use despite the new zoning ordinance as long as the use was legal before the zoning change. For example, a small retail store located in a now-residentially zoned area could continue operating as long as it was legally established before the rezoning.
  • Conditional use permits: Some zoning ordinances allow for specific uses in a zone that would otherwise be prohibited, but only under certain conditions. Property owners may apply for a conditional use permit to continue their current use, provided they meet the stipulated criteria.

Grandfather clauses, which exempt individuals or entities from new laws, rules, and regulations, can protect residents or businesses from negative impacts due to zoning law changes. The following are some examples:

  1. A family-run auto repair shop has been operating in a residential area for decades, but the local government rezones the area for residential use only. The grandfather clause allows the auto repair shop to continue operating, as it was legally established before the zoning change.
  2. A homeowner has an accessory dwelling unit (ADU) on their property, which was permitted under the previous zoning ordinance. After rezoning, ADUs are no longer allowed in the area. However, the grandfather clause permits the existing ADU to remain, as it was legally established before the zoning change.

In these examples, grandfather clauses help to prevent undue hardship on property owners and businesses by allowing them to continue their current use, even when it no longer aligns with the updated zoning ordinance.

Can Zoning Ordinances Be Avoided?

To avoid zoning ordinance issues, research the laws and regulations in your desired jurisdiction.

By understanding zoning laws, you may discover benefits to your property or business. For instance, some cities implement non-compete zoning ordinances to promote diversity and benefit the area. These laws can positively impact the property owner and the community.

New businesses can also apply for a variance if zoning ordinances are excessively strict and create an unjust hardship. A board of adjustments may grant a variance if the zoning ordinance allows and if the property owner can demonstrate that the property’s unique features would suffer in value otherwise.

What Happens if I Violate a Zoning Ordinance?

Violating a zoning ordinance can result in serious financial damages, civil penalties, costly updates, early property sales, or even the physical removal of a building. Zoning boards may also deny future permits, leading to long-term impacts on individuals or businesses.

Should I Contact a Property Attorney About My Zoning Problems?

If you have concerns about zoning codes in your area, seeking advice from a local property lawyer can be beneficial. An experienced real estate attorney can explain complex legal concepts and provide guidance specific to your case.

LegalMatch is an online legal matching service that can help connect you with local property attorney handling zoning issues.

To use LegalMatch, submit a brief description of your case and your location. Then, LegalMatch’s system will match you with attorneys in your area who have experience with zoning issues. You can then review each attorney’s profile and choose one that you feel is a good fit for your needs.

Once you’ve chosen an attorney, you can schedule a consultation to discuss your case and get legal advice.

Use LegalMatch as a convenient and efficient way to find an attorney to help you with your zoning problems.

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