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
- 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.
- How Real Estate Lawyers Assist with the Condemnation ProcessIt is important to seek assistance when a property has started going through the condemnation process. This is when any local, state, federal or similar governmental agency seizes the private property of a citizen and then compensates the owner for the land or building.
- Avoiding Typical Problems with Commercial Leases with the Help of a Real Estate LawyerThere are a number of concerns that may arise when starting a commercial lease. It is vital that the documentation signed by the person involved is analyzed thoroughly by a real estate lawyer to ensure the statements are most beneficial for the leaseholder.
- Tax-Foreclosure Property Purchased, Can I Evict?There are many ways in which to purchase a property. Of these, when a residence has already been purchased, but the taxes are ignored for years, it is possible that a foreclosure occurs where it may be bought once again by someone else for a greatly reduced price.
- Property Ownership: Joint Tenants or Tenants-in-CommonThe ownership of a property may be accomplished through various means. However, there are two that are common especially among married or tenants that need a joint ownership arrangement. In many real estate dealings, married couples find the need to have joint rights to a property based on numerous factors.
- Great Tips for the Purchase of an Older CondoPurchasing a condo is often complicated and a time intensive process due to the amount of research and searching out the right residence.
- Protect Your Construction Project with a Real Estate Lawyer in Your CornerConstruction projects may be affected by numerous concerns that could lead to litigation based on liability issues. These may be through workers becoming injured, third-party problems, defective parts or materials, breached contracts and clients that are not satisfied with the results of the project.
- Quiet Title Actions – Legal Title versus Equitable TitleSome situations arise that demand a quiet action in real estate deals, title conflicts and a completion of ownership transfers and claims. When someone must file to authenticate their title being valid despite claims explaining that it is not, the individual usually must undergo a quiet title action.
- Property Ownership: Joint Tenants or Tenants by the EntiretyThere are multiple manners in which persons are permitted to own property. When a couple purchases land or buildings, they may be joint tenants in usual circumstances.
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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.