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
- 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.
- What Is a Tenancy in Common in a Commercial Real Estate Transaction?Commercial real estate transactions between the owners and the property may have a tenancy in common in place when there are co-owners that hold the title of the property in their names. This type of situation may be default under the local laws of the state, or it may have been setup through paperwork by the co-owners when purchasing the commercial building.
- Due Diligence 101: Real Estate Lawyer AssistanceDue diligence is essential in many different aspects of business to include real estate property purchases and selling. To ensure due diligence is accomplished, those involved must investigate the situation and ensure all legal and other matters are taken care of to include provisions, conditions, contracts and any other related concerns.
- Top Legal Reasons to Get a Survey When Purchasing Commercial PropertyCommercial property purchases may be easy, complicated, full of issues or free of problems. However, it is difficult to know any of these factors unless a survey is performed on the land and building.
- Real Estate and the Exception for Reasonable Wear and TearBuyers initiate a deal to purchase real estate with the intent to buy something that is maintained, kept up to standards and that is whole upon the date to move into it. However, when the property is rented or leased, it is the tenant that must ensure the real estate unit is kept in good condition even through the standard wear and tear.
- Understanding a Personal Guarantee in a Commercial LeaseWhen buying or leasing property, there are several conditions that must be met to include finances in order to pay the monthly amounts. When the individual leasing the commercial property has less than good credit, the landlord may require a personal guarantee that funds will be available.
- What to Know When Buying Your First Commercial PropertyBuying commercial property may be a complicated matter, and because of this it is important to know as much about the situation and circumstances of commercial property as possible before the dealings are finalized. It is important to ask as many questions as necessary up front and before anything starts.
- Bona Fide Prospective Purchaser Defense in Real Estate ContractsFor a bona fide prospective purchaser to be in compliance, he or she must have satisfied obligations with land restrictions for use and not obstruct any effectiveness of the organizational controls. Reasonable steps must be taken for hazardous and dangerous substances that cause problems with property for a landowner or homeowner.
- Caveat Emptor and the Effect on Real EstateThere are certain principles in effect when involved in real estate dealings. One of these is caveat emptor which means that the buyer is solely responsible for the quality, suitability, sustainability and overall care of a good, service or item bought before the purchase has been finalized.
- Real Estate Law: What Is Unlawful Detainer?Real estate evictions are often difficult to accomplish based on the state, the tenant and landlord laws and what is permitted. Typically, an eviction is granted to the owner or manager of a rental or lease property where someone pays rent or makes payments on a lease.
- 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.