Zoning and Land Use

Zoning laws regulate how land can be used in different areas. These local regulations affect property values, development potential, and community character.

What Is Zoning?

Zoning divides a municipality into districts (zones) and prescribes what types of activities can occur in each zone. The government's power to zone derives from its police power — the authority to regulate for the health, safety, and welfare of the public.

The Supreme Court upheld zoning's constitutionality in Village of Euclid v. Ambler Realty Co. (1926).

Common Zoning Categories

Residential (R) — single-family homes, multi-family dwellings, and sometimes home-based businesses

Commercial (C) — retail stores, offices, restaurants, and service businesses

Industrial (I) — manufacturing, warehousing, and heavy commercial operations

Agricultural (A) — farming, ranching, and related activities

Mixed-use — combines residential, commercial, and sometimes industrial uses in one area

Zoning Regulations

Beyond use restrictions, zoning ordinances typically regulate:

Setback requirements — minimum distances from property lines

Height restrictions — maximum building height

Lot coverage — maximum percentage of the lot that can be covered by structures

Parking requirements — minimum number of parking spaces

Floor area ratio (FAR) — ratio of building floor area to lot size

Density — number of dwelling units per acre

Variances and Special Permits

If a property owner wants to use their land in a way not permitted by current zoning:

Variance — an exception granted by the zoning board for cases of undue hardship; the owner must show the restriction creates a unique burden not shared by neighboring properties

Special use permit (conditional use) — allows a use that is permitted in the zone but requires specific conditions (e.g., a church in a residential zone)

Rezoning — a legislative change to the zoning map, often requiring public hearings and planning commission approval

Nonconforming Uses

A nonconforming use (grandfathered use) exists when a property use predates a zoning change. The use may continue but typically cannot be expanded or, if abandoned, cannot be resumed.

Eminent Domain

The government may take private property for public use through eminent domain, provided it pays just compensation (Fifth Amendment). What constitutes "public use" has been broadly interpreted to include economic development (Kelo v. City of New London, 2005).

Zoning and Land Use