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
- Talk to a Real Estate Lawyer before Renting Out a Private ResidencePrivate residences may be riddled with issues that require certain ordinances and regulationsí satisfaction before it may be rented to the public. When initiating a home business through real estate owned by a private citizen, it is crucial that a real estate lawyer is hired to ensure the project is valid, legal and free of various complications.
- Creative Contract Provisions to Consider in Real Estate PurchaseWhen purchasing real estate, there are often provisions attached that require the buyer or seller to perform certain actions. When these items are more creative, they could lead to beneficial conditions or negative impacts to either party when the arrangement has finalized.
- Fence Disputes with NeighborsWhen neighbors have disputes with each other over fences, the matter may lead to the courtroom with a dispute over the land and perimeter boundaries. It is important to resolve these matters quickly and with a calm demeanor so that costly litigation is not the end result.
- Commercial Harassment Lawsuits When Dealing with Commercial TenantsThe landlord of a commercial rental property must consider various factors to avoid potential commercial harassment lawsuits with tenants. This requires knowing what leads to harassment claims, when to apply specific rules and when a lawyer should be contacted.
- Legal Provisions to Consider in Restaurant LeasesWhen leasing a restaurant or commercial property, it is important to consider what legal provisions may be in place or are required for the arrangement to go through. Because of these potential issues, it is crucial to know what to look for, how to research for these matters and who to contact when concerns may arise.
- Texas Eminent Domain Law 101: What Landowners Need to KnowEminent domain is a subject that many people have heard of, but few understand. The vast amount of land and natural resources in Texas makes eminent domain a particularly relevant issue in this state. Hopefully, this overview of eminent domain law will help Texans to better understand this complex legal topic that affects people in our state each year.
- Summary of Materialmanís LiensA materialsmanís lien may arise when construction companies or subcontractors take part in building, renovating or making repairs to a home. These are places on the building when certain payment has not been received by the individual or company, and the homeowner may not even be aware of these until he or she attempt to sell the property.
- What to Do when There Is a Property Boundary DisputeBoundary disputes may lead to litigation when the matter cannot be resolved through peaceful means. This means that both parties must understand the situation, what the argument involves and how to proceed legally through the problem.
- Effect of Statute of Frauds on Real Estate DisputesWhen a statue of frauds issue occurs, this means that a violation has transpired with a contract in writing, singed by involved parties bound to the contract with a real estate dispute. The status of frauds protects these agreements and each person is bound to the clauses, terms and conditions set in the contract.
- Condo Owners and Requirements for Maintenance, Repair, and ReplacementWhen there is a need for maintenance, repairs and replacement of items within a condo, the owners need to know who is responsible for what matters. This means knowing what obligations the owner has for the unit based on the agreement signed when purchasing the space.
- 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.