Zoning Laws: What are they and how do they work?
Zoning is a way for governments to control how property owners use their land. Some people may be surprised to learn that property owners cannot always do what they want with their land. Sometimes zoning restrictions are for obvious safety or convenience reasons. Other times zoning ordinances can cause frustration for unaware property owners.
Quick Guide: What is Zoning? | How does Zoning work? | Types of Zones | Why do Zoning laws exist?
What is Zoning?
Zoning refers to the process of dividing land into zones and restricting building types in each zone. Zoning laws specify which types of buildings can be built. A common example is restricting suburban neighborhoods to single-family homes. Many local governments in the United States use zoning to control land use.
Zoning vs. Entitlements
When a property owner wants to construct or modify a building, some governments require a zoning “entitlement.” The entitlement signals that the government approves of a construction project. Even if the owner believes their plans comply with zoning code, many cities require government approval before issuing a building permit. The cities of Sacramento and Los Angeles are examples. Their websites contain more information about entitlements.
How does Zoning work?
Zoning laws are passed at a local government level, like a city or county. They establish categories of land use that permit different types of buildings. These different categories are often called “districts.” Then, the government places different areas of land into these districts. Property owners must use their property according to the applicable zoning district. Each district is often represented by a short code. For example, “R1” is often used to represent single-family housing. Zoning laws may also include rules about lot or building size. Zoning ordinances can become very complex in large cities.
To put this into context, here is a chart of some of the zoning districts used by the city of Dallas.
Who makes zoning laws?
Local governments make zoning laws. Specifically, whichever government body that created the local code created the zoning ordinance. This is usually the city council or the county council.
Rezoning
Property owners who wish to use their property for a purpose outside of its current zone may apply for rezoning. Local governments often have a planning department that accepts these applications. The planning department can approve or deny the application. In many cities, if the planning department approves the application the city council must issue final approval.
Zoning Maps
Governments that use zoning laws often make a zoning map available online. Zoning maps are color-coded. They show the viewer which areas are zoned for different uses. This is the New York City zoning map, available on their city website.
Yellow – Residential | Red – Commercial | Purple – Industrial | Green – Parks
What happens if a property violates a Zoning ordinance?
If a property does not conform to an applicable zoning law, the local government has the power to impose penalties on its owner. Often, the government begins by sending a letter notifying the owner of a violation. The owner then has the chance to dispute or correct it. If the owner fails to respond, the government will likely issue fines. In extreme cases, the government might pursue criminal charges.
Does every city have a Zoning ordinance?
No. Houston, Texas is a famous example of a large U.S. city with no zoning ordinance. It does use other means to regulate land use.
Types of Zones
Zoning districts vary from location to location because each city or county government adopts its own zoning laws. However, three major types of zones are common: residential, commercial, and industrial.
Residential Zones
Residential zones are restricted to houses and apartments. Low-density residential zones allow only single-family houses. Higher density zones allow for duplexes, triplexes, and apartment buildings. Schools and churches are also commonly found in residential zones.
Commercial Zones
Commercial zones allow buildings to be used for retail and office space. Some zoning ordinances might distinguish by type of business. For example, a city might create a district to allow shopping centers and restaurants but not gas stations or car dealerships.
Industrial Zones
Industrial zones allow for factories and warehouses. Light industrial zones allow smaller, less noisy, and less dirty activities like mini-storage or repair shops. Heavy industrial zones allow businesses that generate noise and pollution, like power plants and oil depots.
Mixed-Use Zoning
Mixed-use zoning allows multiple property types in the same area. Mixed-use zones might allow residential, commercial, or industrial properties in the same district or even on a single lot. Buildings with retail stores on the ground floor and apartments on the upper floors may be common in this type of zone.
Why do Zoning laws exist?
Los Angeles adopted the United States’ first zoning ordinance in 1908. The ordinance was designed to separate residential neighborhoods from industrial activity. The city was concerned that factories were creating nuisances for the people who lived nearby. These nuisances included crowds, smells, noise, and health hazards.
As cars became more prevalent, people were better able to travel from part of the city to another. This meant that people could easily live in one district and drive to another for work. As a result, cities across the United States adopted zoning laws. The Supreme Court ruled that zoning laws were legal under the United States Constitution in Euclid v. Ambler (1926).
