Very simply put, zoning determines what types of buildings can be placed in specific areas. Zoning ordinances are rules which regulate how property can be used, when that property is in a specific location. Zoning laws are intended for land use regulation, and generally consist of:
- A zoning ordinance, which specifies the regulations applicable to each zone; and
- A zoning map, which indicates the zone characteristics of each parcel of land within the community.
Zones may be regulated in terms of use, height, and land coverage. Within each district or zone, the applicable restrictions should be uniform in order to promote fairness and reduce the likelihood of zoning issues.
Locations are defined by either geographic location or specific coordinates on a map. Generally speaking, these locations are limited to areas within cities and counties; meaning, the local government can limit and regulate what activities are performed within its jurisdiction. State and Federal governments do not generally engage in land regulations.
The following are the most common types of zones that are associated with land use regulation:
- Use Districts: Typical use districts are residential, commercial, industrial, and agricultural. These districts may be further subdivided according to the intensity of the permitted use. An example of this would be how residential use districts are generally divided along a continuum, from the single-family dwelling to the high rise apartment. Another example of this would be how commercial and industrial zones are generally defined as either light or heavy;
- Height Districts: Building height regulation is one of the oldest examples of land use regulation. A community may set different height limits for different parts of town, which may or may not coincide with use and bulk districts;
- Land Coverage: There are many examples of land coverage and bulk regulations. The following are the most common coverage limitations:
- Minimum floor space;
- Minimum lot size;
- Floor-area ratio;
- Open space; and
- Cluster.
- Floating Zones: A zoning ordinance may permit a specific type of use, but does not include it within any of the districts that are actually shown on the zoning map. Such a use or zone “floats” until it is applied to a specific parcel of land; and
- Holding Zones: A community may be unprepared to comprehensively zone its entire area in one attempt. In order to restrict development in an area before there has been an opportunity to zone and plan it, the planning board may temporarily zone the land for low intensity uses.
What If The Area Where My Business Is Located Is Not Properly Zoned?
Zoning can occur prior to building, or before land use. However, it can also occur when areas are already established. The city or the county will divide a particular area of land into zones or districts, and then decide what that land, and structures located on it, can be used for.
It is more common that the local government is governing what property cannot be used for. Local governments are using these ordinances in order to structure the way cities operate, and they can be very different depending on where you are located. More often than not, zoning ordinances are used to separate commercial use from residential use.
If you decide on a location for your business, sign a lease, and begin operations only to find out that your business is not authorized in that zoning area, it can be a considerable hassle and detriment to your business to try and relocate to another area. There are a few options that you can try before relocating your business:
- Seek Community Support: If you are able to convince your local zoning and planning officials that your business offers an invaluable service to the local community, they may be more willing to keep your business in its current location. An example of this would be significantly supporting and benefiting your local economy. You should try to seek support from members of your community in order to provide evidence as to why your business should not be relocated;
- Appeal: If your local zoning and planning officials rule against your business, you may be able to appeal their decision to a local board of appeals. An example of this would be how you can ask that the zoning ordinance be interpreted in a way that would be more favorable to your business. Otherwise, you may try to obtain a variance if you believe that the strict interpretation of the ordinance is an undue hardship to the business community. Variances will be further discussed below; and/or
- Go to Court: If you do not receive satisfactory results with the administrative appeals process, you always have the right to take your legal dispute to court. However, it is very important to keep in mind that going through the courts can be very time consuming and is often very expensive. You should be sure to consider how important your issue is to you and, even if you win in the end, if it is worth the potential cost and time that the court system presents.
What Is A Variance?
A variance is a request to deviate from current zoning requirements. If the variance is granted, it permits the owner to use their land in such a way that is ordinarily not permitted by the zoning ordinance. Variances do not change active zoning laws; rather, they waive a specific requirement of the zoning ordinance.
If you wish to apply for a variance to change the permitted use of your land, you may need to prove the following factors:
- The new use of the property preserves the appearance and ambience of neighboring property;
- The new use is applicable only to your unique piece of property, and not to those surrounding it; and
- The existing restrictions create a considerably serious hardship on you.
When determining exactly what constitutes a hardship, courts consider:
- The circumstances and general objectives of zoning in your neighborhood;
- The nature of the proposed change and its effect on adjacent neighbors; and
- Any practical difficulty in using the property.
Zoning codes regulate the size, location, and use of structures within defined areas. Should a person wish to deviate from a regulation, they must apply to the relevant governing body for a variance in order to change the particular zoning code.
As previously mentioned, zoning laws vary from state to state, and even among municipalities. Because of this, the procedures for applying for a variance differ depending on jurisdiction. Gated communities and homeowner’s associations may also have additional ordinances that must be considered.
Generally speaking, the procedures for obtaining a variance may include:
- Obtaining permission from the local governing board;
- Holding a public hearing;
- Making an appearance before the local planning commission; and/or
- Obtaining permission from your neighbors.
There are some cases in which a person may wish to apply to the relevant governing body in order to have the zoning laws amended. An example of zoning law changes would be redefining zoning boundaries, or changing a specific area from residential to commercial. Similar to variances, the applicant must show a need for the change, and that the change will not adversely affect the surrounding area.
Do I Need An Attorney For Business Zoning Problems?
If you are experiencing issues with zoning ordinances associated with the location of your business, and wish to go through the administrative appeals process, you should consult an experienced and local business lawyer.
An attorney will be most familiar with your locality’s specific zoning laws, and how you may appeal those laws. Additionally, an attorney will also be able to represent you in court as needed.
