What are zoning laws and how do they work?

Before you start planning a home renovation or home-based business, you need to consider something critical: zoning laws. These regulations are important since zoning laws dictate how you can use or modify your property and what kind of financing you can get to buy or renovate it. Let’s explore what zoning laws are and how they affect you.

What are zoning laws?

Zoning laws dictate what types of buildings can be built on a property, how those buildings may or may not be expanded in the future, and how the buildings can generally be used there. Can a developer build condos downtown? Will an office building pop up in your single-family residential neighborhood? Each area of land, or zone, has set rules and regulations created by a government or municipality to answer these questions.

In addition to the types of buildings allowed zoning laws also can limit the size, shape, and scale of buildings on the property. Even the construction of something as simple as a white picket fence may involve zoning if it stands taller than a set height or enters the public right-of-way.

Zoning laws are different from homeowners association (HOA) rules. Zoning laws are made by the local government in a particular area, and they regulate all the properties in that space. HOA rules only apply to the community that’s overseen by that HOA.

What is the purpose of zoning?

Zoning guides and limits development. The first zoning law was put in place in New York City in 1916 in response to a 42-story skyscraper lowering the property value of nearby buildings. This was the first of a new slate of laws designed to control nuisance structures, loud noise levels, and excessive traffic.

Today, zoning ordinances play a major role in all sorts of property usage. They help protect natural and historical resources. They can even improve the view from your front window by preserving access to natural light and privacy.

Not all zoning laws are equal. Some residential zones may block the construction of polluting factories for miles around. Others may allow them just across the street. Be smart and stay ahead of the curve by researching the regulations in your area.

Zoning laws:

• Protect natural and historical resources.
• Improve residential views by preserving access to natural light.
• Block the construction of polluting factories in residential areas.
• Allow new construction in existing neighborhoods.

How do zoning laws work?

Your local government, municipal corporation, or county makes the zoning laws that impact your zoning district. If you want to develop a building, it must meet that zone’s requirements.

For instance, the zoning district may serve as a single-use or mixed-use zone.

• Single-use zones allow only one type of building on a piece of land, such as residential homes.
• Mixed-use zones allow multiple types of buildings on a piece of land, such as both residential homes and commercial offices.”

Changes and amendments to zoning laws

Zoning laws aren’t set in stone. Over time, your municipality may change certain restrictions to accommodate new needs of the community.

In addition, you may receive an exception to a zoning law. Let’s say you can’t abide by your property setback (that’s the distance you can build from your property line) because there’s a hill in your backyard. Or maybe the shape of the street makes it impossible to build your parking space in an accepted location.

Apply for a variance with your local zoning board, and you might receive permission to ignore certain restrictions that others must abide by. That’s good news for property owners with atypical geography. You can reach out to your local government to learn the process.

Types of zoning restrictions

You now have the basics down about zoning laws. Let’s talk about the different types of zoning restrictions.

Residential

A home can take many forms. Your local government will often set specific zones for these varying types of residential dwellings. Residential zones may be designated for these housing units:

• Single-family residences
• Suburban homesteads
• Apartments
• Trailer parks
• Co-ops
• Condos
• Home-based businesses

A neighborhood with well-thought-out zoning laws feels cohesive, which is why the zoning ordinance may designate specific rules and limits for each property. These zoning laws protect the integrity of a neighborhood and give clear guidance to property owners on what can and can’t be done. They might include:

• The kind and number of animals allowed at residences, if any.
• Encumbrances, such as the number of structures allowed on properties.
• Whether manufactured homes are allowed and where.
• Whether or not a multifamily home can be built.

Commercial

Businesses can operate in buildings inside commercial zones. These commercial properties include:

• Office buildings
• Shopping centers
• Hotels
• Nightclubs
• Restaurants
• Vacant land with the potential for business development
• The municipality may also establish laws that enforce:
• The proximity of certain business types to others
• Parking availability
• The maximum building height

Industrial

While also used for business, industrial buildings receive separate industrial zones. Because of their impact on noise levels or air quality, municipalities often try to place them far from residential zones. These buildings include:

• Warehouses
• Manufacturing facilities
• Airports
• Storage facilities

Historic

Cities with storied pasts may set up historic zones. These help protect older buildings from modern-day interferences, and tax deductions may further ensure their survival.

Rules differ, but generally, a property is considered historic if it’s at least 50 years old and has retained its architectural integrity. It may then be considered for registration with the National Register of Historic Places (NRHP). If you’re thinking of buying a historic home, understand that there may be additional restrictions on renovations you can make.

Agricultural

A municipality with farms may designate an agricultural zone. With special protections put in place, farming communities can operate without the fear of losing their land to sprawling urbanization.

FAQ

Here are some frequently asked questions about zoning laws.

How can zoning laws be beneficial to a city’s residents?

Yes, they can be beneficial. By carefully designating land for specific purposes, you won’t have to worry about your neighborhood’s charm and value changing when land developers with opposing goals move in.

Can a property be zoned both commercial and residential?

Yes, a zone can include commercial and residential buildings. These are called mixed-use properties, which differ from single-use properties.

How do I find out what my property is zoned?

If you want to find out how your property is zoned, contact your local government. Zoning maps on your local government’s website may also provide what you’re looking for.

The bottom line: Zoning laws influence property use

Zoning laws determine how properties can be used and renovated and how land can be used. Set by local governments, they dictate whether you can run a commercial business from your property, if you can build multi-family homes, the kind and number of animals allowed, and much more. They can even affect smaller features such as what type of fence can be built. They’re not absolute. Property owners can apply for exceptions, such as variances. Whether you’re a current owner or potential buyer, it pays to understand the zoning laws in any property you own or plan on buying.

Rocket Mortgage does not offer commercial-only loans, but we specialize in residential mortgages. If you’re thinking of buying a home, you can get preapproved for a loan today.