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
- Preventing Commercial Lease Dispute Complications with Expert Witness TestimonyBefore signing a commercial lease, individuals may consider possible ways to protect themselves before the lease, during the tenancy and after it. An expert witness can provide assistance in discussing commercial lease disputes and settlement negotiations.
- Expert Witness: Legal Complications in Transfers of OwnershipSometimes a person may wish to transfer real estate, whether residential or commercial, to another person. However, when conducting these transactions, legal complications may arise, necessitating the use of an expert witness to explain potential legal complications.
- What Is a “Quiet Title” in Real Estate Law?Real estate deals are often complex with many different concepts that apply to certain transactions and issues that may arise. One of these areas is a quiet title. These may have actions or may only be part of real estate dealings.
- Understanding What a Real Estate Lien Is and Is NotMany property owners have liens on their houses or land. While it is best to ensure these are not still active and have been paid off, that is not always possible for homeowners. Before the house may be sold, most liens must be removed.
- Important Legal Tips for Selling a House to a RelativeSelling a home is often difficult when taking all involved factors into account. However, when the buyer is a relative, this may be complicated. If the individual feels he or she should be provided some kind of discount or lower purchase price, the dealing may fail before it begins.
- Does a Fence Matter in Adverse Possession Cases?Adverse possession occurs when the someone obtains the legal ownership of a house that he or she treats as his or hers with a timeframe sufficient enough that it appears to be his or her even when it is not originally.
- Real Estate Lawyer Solves Title Problems when Purchasing PropertyThere are many forms of purchasing a property that includes documentation issues such as title problems. There are many contracts a buyer signs when he or she is buying the home or land, and it is in these files that issues are found.
- Legality of Restrictive CovenantsMany who buy a home believe that they are able to whatever they feel is necessary to the house or land. If they want to alter the land and create a garden, install equipment or build additional structures, they feel they are able to do so after the property has been purchased. However, there are numerous contracts that prevent these actions.
- My Neighbor’s Satellite Dishes Ruin My View. What Can I Do?In some situations a person may have an issue with a neighbor. In many such situations, there may be a legal remedy through a nuisance action. There may be additional legal remedies to assist in cases in which neighbors infringe on the property owner’s rights.
- How a Real Estate Lawyer Helps with Earnest Money DisputesMany real estate deals lead to the need for a real estate lawyer. This may be due to complications with the arrangement, difficulties with contracts and other concerns between buyer and seller. Many contracts that must be signed should be analyzed for clauses that are only beneficial for the opposite party when purchasing property and other real estate dealings.
- 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.