Zoning refers to the manner in which a city or municipality is sectioned off or divided based on the activities associated with the properties and the types of properties in the area. In general, zoning laws divide properties into two main categories, commercial zones and residential zones.
These two zoning categories are associated with certain types of properties and the types of activities that are permitted in and around those types of properties. For the most part, the two categories of zones do not mix.
In other words, an area or property is typically designated as commercial or residential. In commercially zoned areas, only commercial activities and commercial buildings are permitted.
In a residentially zoned area, only activities associated with residential properties and residential properties are permitted.
What Are Commercial Zoning Laws Used For?
Areas that are zoned commercial are usually reserved for businesses, which may include:
- Restaurants;
- Hotels;
- Offices;
- Nightclubs; and
- Shopping centers.
Commercial zoning laws usually allow for the performance and operation of business activities. Examples of these types of activities include:
- Selling food;
- Selling goods; or
- Providing services for money, such as a dry cleaning business.
It is important to note that commercial zoning laws have some limitations. For example, the majority of business properties are not permitted to also allow the business owner to live or sleep on the premises.
What Is Residential Zoning?
Residential zoning includes property that is usually designated for:
- Houses;
- Apartments; and
- Duplexes.
Only activities that are associated with general living are permitted in this zone. For example, individuals can live and sleep in these zones but typically cannot engage in commercial activities such as opening a restaurant.
The laws governing residential property also outline regulations, for example, whether or not mobile homes may be parked on the property. Zoning laws may also limit the number of animals allowed at a residence.
Whether or not a homeowner is allowed to open and operate a home-based business will also depend on the local residential zoning laws.
What Are Zoning Ordinances?
A zoning ordinance is a rule that regulates how a property in a certain location can be used. These locations are defined by geographic location or specific coordinates on a map.
Typically, these locations are limited to areas within counties and cities. In these areas, local governments may regulate and limit which activities are performed in the jurisdiction.
State and federal governments typically do not engage in land regulating. Although zoning ordinances are popular in commercial use or businesses, it is not uncommon to see zoning ordinances used in residential neighborhoods.
Many individuals have probably observed the effects of zoning codes without realizing it. For example, a housing community with a similar aesthetic or price range.
In these types of communities, neighboring homes will have a similar layout, such as the number of bedrooms and bathrooms, but the homes may have slightly different exterior features, such as paint color. Homeowners will typically be allowed to choose from color choices that have already been approved.
How Does the Government Learn of a Zoning Violation?
There are two main ways in which a local government agency that is in charge of zoning may learn about a violation of its zoning laws, including:
- Resident complaint: The majority of zoning agencies have a process by which local residents or property owners can file a complaint about property that may be violating zoning laws; or
- Agency inspection: Agency officials may have the right to conduct inspections of certain businesses, even without the business owner’s consent, in order to check for zoning violations.
What Are the Consequences of Violating Zoning Laws?
Violating a zoning law may have numerous serious consequences, both in the immediate future as well as down the road. Examples of zoning violation penalties include:
- Criminal penalties: Criminal fines or jail time;
- Civil penalties: Injunctions or other action to prevent the zoning violation from continuing, such as ordering the owner to remove an illegal addition;
- Consequences for allowable use: The zoning agency may withhold building or other permits from a violating property; or
- Value of property: If the owner cannot assure buyers that the property conforms to zoning laws, they may have to sell it for less than its actual value or take it off the market;
- Even if the local zoning agency is not aware of the violation, a buyer will likely be reluctant to buy property for which they may later be responsible.
What Can I Do If I’ve Been Found to Violate Zoning Laws?
If the local zoning agency determines that an individual’s property violates zoning laws, they can typically appeal the determination, either in an appeal to the zoning agency or in court. In many cases, an appeal to the zoning agency is required before the property owner is permitted to challenge the determination in court.
Another option for a property owner is to obtain a permit for conditional use or a variance. This would allow the use of the property that is violating the zoning ordinance to be permitted.
A zoning agency may allow a property owner to do this as part of appealing the finding that they violated the law. As a result of an appeal, the zoning agency may stay the legal proceedings against the property owner until a final judgment is entered, either by the zoning agency or in a court of law.
If a zoning ordinance is violated, the owner of the property may be subject to:
- Serious financial damages;
- Civil penalties;
- Being required to make costly updates;
- Selling the property early; or
- Having to physically remove a building.
In addition, the zoning board may deny the property owner future permits. This means that the violation may affect a property owner or business long-term.
Can Zoning Ordinances Be Avoided?
If a property owner wants to avoid a zoning ordinance, they should adequately research the laws and regulations in the jurisdiction where they want to reside or do business. By examining the zoning laws of cities and surrounding areas, an individual can determine if there are existing laws that will regulate their business.
They may even discover that zoning laws would benefit their property. For example, a newly developed city may apply a non-compete zoning ordinance in order to benefit and diversify the zoned area.
Non-compete zoning laws apply in addition to traditional regulations, which may include things such as all buildings must be brick and have specific signage. These ordinances are meant to benefit the city, the property owner and the community.
A new business may have the option to apply for a variance. This may be granted if the zoning ordinance is so strict, it creates an unjust hardship on a property owner.
In order to prove hardship, the property owner has to show the property has such unique features that the value would suffer otherwise.
Do I Need a Real Estate Attorney?
If you have been charged with violating a local zoning law, it is essential to consult with a real estate lawyer. Your lawyer can help you minimize the consequences of a negative judgment.
If you have any questions about zoning, it may be helpful to consult with a lawyer prior to purchasing a property or engaging in business on that property, to ensure you will not violate any zoning ordinances. Your lawyer can help you apply for a variance and assist you throughout the process.
