Land Use and Zoning Law
Zoning is the term used for designating permitted uses of certain parcels of land by local governments. The word is largely self-explanatory: the local government will designate various zones for different uses of land, such as industrial, agricultural, commercial, and residential. Zoning is also frequently used to designate the types of buildings that can be erected in a particular area, such as high density housing, highrises, maximum height restrictions, etc.
The primary philosophy behind zoning regulations is to separate different, incompatible property uses. For example, keeping large, smoke producing factories away from residential neighborhoods. However, in many instances, variances, or exceptions to the zoning rules, are possible. For example, a small residential variance might be granted to allow for a home in an industrial zone to house the night watchman. Usually, variances are granted because of some perceived hardship caused by the particular nature of the property in question or to satisfy a unique need that is not otherwise against the public interests.
Generally, in urban areas, zoning will be divided five major categories: residential, mixed residential-commercial, commercial, industrial, and special (e.g., power plants, sports complexes, airports, shopping malls etc.). Often, these categories will also have a number of sub-categories. For example, within the commercial category there may be separate zones for small-retail, large retail, office use, lodging and others, while industrial may be subdivided into heavy manufacturing, light assembly and warehouse uses.
Of course, zoning laws are not without their critics or misuse. Along with potential property right infringements, zoning has also been criticized as a means to promote social and economic segregation through exclusion. By improper use of various land-use restrictions, such as maximum density requirements, municipalities are able to artificially maintain high housing costs, increasing the tax base while effectively excluding lower income groups.
If you have questions about zoning, land-use, obtaining variances, or fighting government sponsored housing segregation, the resources below will help. As always, there is no substitute for the advice of a local, qualified attorney, and we also offer resources for finding some of the best qualified attorneys in your area.
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Articles on HG.org Related to Land Use and Zoning
- When is it Okay Not to Pay RentLeases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to landlords and tenants, housing standards, zoning, safety, etc. As a result, although a lease agreement may say you have to pay rent always and under every circumstance, there are plenty of times when one of these other laws may intervene.
- Understanding Building CodesBuilding codes establish standards for the construction of buildings and other structures. Virtually every structure in a modern building is subject to at least one, and usually several different building codes.
- Do I Need a Real Estate Lawyer in Seattle to Build a New Home?It has become widely accepted that it is important to have a real estate lawyer Seattle when you are buying an existing home. After all, you will need a real estate lawyer Seattle to help you to negotiate a purchase and sales agreement with the seller and to make sure the agreement contains the appropriate protective clauses.
- Zoning Restrictions in Commercial DevelopmentsWith the constant development that occurs in real estate, zoning restrictions are placed on what can be built and how it can be used in a certain area. Commercial developments are a wide reaching issue in a world that is always looking to expand. Real estate in California is sought after by many looking to gain a spot of their own along the golden coast.
- Disputes over Boundary LinesProperty records are not always clear when it comes to defining the boundary lines that belong to the owner. Due to the vagueness, many boundary disputes can arise. When your property sits along the line of another personís property questions may come up as to how far each of your line of ownership extends.
- HOA Restrictions on PropertyMany individuals purchasing real property expect that they have the right to use the land without interference from their neighbors. However, that right is limited both by local governmental regulations and any recorded restrictions imposed on the property. This article addresses private restrictions.
- Boston Mayor Threatens Filene's Developers with Eminent Domain PowerThe mayor of Boston may decide to use eminent domain to solve the problem of a stalled major downtown development.
- California Law on Using Unlicensed Construction Contractors, their Hiring, Non-Payment, and Liability Risks.While the laws might seem to some to create an opportunity for an owner or general contractor to hire an unlicensed person at a discount very cheap to what an experienced licensed contractor might charge for the same job, and then still be able to avoid paying the unlicensed builder and even sue him or her to get back the money you paid them, this is not a good idea.
- The Association is Prohibiting You from Operating A Business Out of Your HouseYou are an owner-occupant within an association. You operate a chiropractic office out of your residence. The CC&Rís provide that your residence can only be used for residential purposes. The association notifies you that you must discontinue your chiropractic business because it violates the residential use restriction in the CC&Rís. Can the association force you to discontinue your business?
- There's Oil In My Backyard. I'm Rich...MaybeWhat you may find, though, is a letter in your mailbox from an individual who owned your property 40 years ago, informing you that he not only owns the mineral rights below the surface of your land, but also, that he has the rights to dig on your land for those minerals (called rights of entry). This letter may go further on to state that for a mere $800 he will release those rights of entry in your favor. Could it happen here? Letís look at some facts...
- All Real Estate Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Real Estate including: construction law, eminent domain, foreclosure, homeowners association, land use and zoning, landlord and tenant law, property law, property management.
Land Use and Zoning - US
- Land Use Law - Overview
Today, federal, state, and local governments regulate growth and development through statutory law. The majority of controls on land, however, stem from actions of private developers and individuals. Three typical situations involving such private entities and the court system are: suits brought by one neighbor against another; suits brought by a public official against a neighboring landowner on behalf of the public; and suits involving individuals who share ownership of a particular parcel of land. In these settings judicial determination and enforcement of private land-use arrangements can not only reinforce public regulation but achieve forms and levels of control zoning cannot.
- Land Use, Planning, and Zoning Law Resource Guide - Cleveland-Marshall College of Law
Besides zoning and planning materials, you may want to look at materials dealing with property law in general, environmental law, fair housing, municipal and local government law.
- National Environmental Policy Act (NEPA)
The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.
- The National Historic Preservation Act of 1966, As Amended
The goal of the National Historic Preservation Act (NHPA), which established the ACHP in 1966, is to have federal agencies act as responsible stewards of our nation's resources when their actions affect historic properties. The ACHP is the only entity with the legal responsibility to encourage federal agencies to factor historic preservation into federal project requirements.
- Zoning Law - Wikipedia
Zoning is a device of land use regulation used by local governments in most developed countries . The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another. Zoning may be use-based (regulating the uses to which land may be put), or it may regulate building height, lot coverage, and similar characteristics, or some combination of these.
Organizations Related to Land Use and Zoning
- American Planning Association
APA is an independent, not-for-profit educational organization that provides leadership in the development of vital communities. We measure our success by the successes of our members and the communities they serve.
- US Department of Housing and Urban Development
HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships--particularly with faith-based and community organizations--that leverage resources and improve HUD's ability to be effective on the community level.
- US Department of the Interior - Bureau of Land Management
The BLM is responsible for carrying out a variety of programs for the management and conservation, of resources on 253 million surface acres, as well as 700 million acres of subsurface mineral estate, These public lands make up about 13 percent of the total land surface of the United States and more than 40 percent of all land managed by the Federal government.
Publications Related to Land Use and Zoning
- APA - Growing Smart
States and their local governments now have new practical tools available to help combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment. They appear in the American Planning Association's Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change, 2002 Edition (Stuart Meck, FAICP, Gen. Editor). The Guidebook and its accompanying User Manual are the culmination of APA's seven-year Growing Smart project, an effort to draft the next generation of model planning and zoning legislation for the U.S.
- Law of the Land - Land Use and Zoning - Albany Law School
This blog, maintained by Albany Law School Associate Dean and Professor Patricia Salkin, is designed to provide a forum for the discussion of current laws, policies and decisions that affect the use of land. It highlights new court decisions, new state and federal laws and policies, and actions at the local government level that guide and/or impact land use and community development.