Zoning  

WHAT IS ZONING?

Zoning is the way the governments control the physical development of land and the kinds of uses to which each individual property may be put.

Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction.

WHAT ELSE DO ZONING LAWS REGULATE?

Besides restricting the uses that can be made of land and buildings, zoning laws also may regulate the dimensional requirements for lots and for buildings on property located within the town, the density of development, and whether you can have pigeons, dogs, sheep or llamas. Some zoning ordinances also regulate the extraction of natural resources from land within the zoned area, others provide space for hospitals, parks, schools, and open space and still others protect places of historical significance within the community.

WHO CONTROLS ZONING?

Zoning is purely a county, city, or municipal affair. Though such laws are somewhat universal, the classifications used to describe zoning are not uniform from place to place. For instance, it is not uncommon to find that zoning rules that apply to one part of the community are different in another part of the town, or that one town does a mix of residential uses with some commercial uses but a neighboring community might outlaw such mix.

WHAT ARE SOME MAJOR TYPES OF CLASSIFICATIONS?

Classifications are not the same from place to place. The most frequently-used groups are: 

• Commercial

• Industrial

• Residential, and

• Agricultural

These groups may be used in various combinations. Within each of these general categories are more narrowly defined divisions. For example, a residential zone might be segregated into separate zones for single-family homes on one acre, single family homes on a half acre, hotels, boarding houses, mobile homes, low-rise apartment complexes, or institutional housing. An industrial zone may be zoned "heavy", "light", or "research". A commercial zone can be divided into small stores, shopping centers, gas stations, restaurants, drive-in facilities, adult-entertainment districts, and warehouses.

IS ZONING PERMANENT?

No. A zoning classification is not set in stone. Don't assume that because you are in a residential-use only zone that the 10-acre vacant lot sitting across the street cannot be built up as a rooming house, or worse, as a private club for college students. Zoning laws can be, and have been relaxed and exceptions made.

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