What are zoning laws, and how do they work?

Zoning laws regulate how property can and can’t be used in specific geographic areas. For example, they can limit construction to residential or commercial properties only.

However, zoning is more than just a legal concept. It can have real-life implications for home buyers, homeowners, and businesses who want to plan ahead. Think additions, fences, home-based businesses, and future renovation plans. All are affected by zoning.

Key takeaways:

• Zoning laws are local government rules that dictate how property in a specific area can be used and developed.
• Before buying, renovating, adding structures, or running a business from a property, it’s important to research the applicable zoning district and ordinance to avoid violations.
• If a zoning rule doesn’t work for your plans, options like variances, special exceptions, and rezoning may allow you to use your property differently.

What are zoning laws?

Zoning laws are local government rules that divide land into zoning districts and control how real estate may be used or developed within them. Each district has its own standards for permitted structures and uses codified in zoning ordinances. Together, these zoning ordinances make up a zoning code, which can often be found online.

Zoning laws vs. HOA rules

That said, zoning laws are not to be confused with homeowners association (HOA) rules. The main difference is that zoning laws are established and enforced by municipalities or counties, while HOA rules apply only to properties in a homeowners association, where owners agree to follow rules to maintain a certain look or fund the maintenance of common areas like playgrounds and pools.

Why do zoning laws exist?

Zoning laws help separate incompatible property uses (for example, residential and commercial) into different districts. They also help guide community development by supporting infrastructure planning as well as protecting property values by maintaining neighborhood character.

At the same time, zoning can impact housing affordability by limiting development options (for example, to only single-family homes). Furthermore, zoning can be misused to exclude certain demographic groups.

How do zoning laws work?

Municipalities and counties establish zoning districts and publish local requirements through zoning ordinances and codes. However, rules and enforcement processes vary by location. Any proposed development must satisfy the applicable district requirements.

Single-use zones and mixed-use zones

For instance, a 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.

What do zoning laws regulate?

Zoning laws can regulate all of the following:

Land use and density

Permitted land uses are a common feature in zoning laws. Here are a few examples:

• Residential
• Commercial
• Industrial
• Agricultural
• Mixed uses (a combination of the above)

Density limits go together with land uses. They dictate how closely housing units can be built next to each other. For instance, some zones may limit each parcel to a single-family home while other zones allow for multifamily homes (duplexes, apartment buildings, etc.).

Building dimensions, lot coverage, and setbacks

Zoning laws can also define permitted:

• Building dimensions (square footage and height)
• Floor area ratio (the total floor area compared to the parcel size)
• Lot coverage (the portion of a zoning lot that is covered by buildings)
• Setbacks (the distance a building must be from property lines)

Other rules could involve fence height, public rights-of-way, structure placement, and proximity to streets or neighboring buildings.

Parking and other development requirements

Lastly, requirements imposed by zoning laws can involve parking space minimums, building placement restrictions, and limits on the proximity of certain business types.

For example, a zone may forbid bars and casinos or require them to keep a certain distance.

Common types of zoning

Let’s go over the common types of zoning in more detail.

Residential zoning

Residential zoning allows for single-family homes, apartments, condos, co-ops, trailer parks, and other types of living units. The key factor is that the properties are for residential use. Consequently, there may be restrictions on running businesses, even if they are home-based.

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 zoning

Commercial zoning allows for offices, stores, shopping centers, hotels, restaurants, nightclubs, and other business uses. While Rocket Mortgage doesn’t offer commercial-only loans, we can help educate you on which loan is right for your needs.

Industrial zoning

Industrial zoning allows for buildings such as manufacturing facilities, factories, warehouses, airports, shipping facilities, and storage facilities. What these properties have in common is a focus on industrial products and services.

Agricultural and open space zoning

Agricultural zoning permits farming, livestock, and other rural activity uses. Similarly, open space zoning restricts most types of development.

Historic zoning

If you’re thinking of buying a historic home, be aware that historic zoning is for areas deemed historically significant. Generally, this includes homes that are at least 50 years old and have maintained their architectural integrity or cultural significance. They may then be listed on the National Register of Historic Places (NRHP) or be part of a locally designated historic district. However, the exact definition of historic varies by location.

Mixed-use zoning

Mixed-use zoning allows for residential and commercial uses within the same building or neighborhood. Think storefronts with apartments on top or a small grocery store inside a residential community.

Variances, special exceptions, and rezoning

If you want to use your property in ways that local zoning prohibits, you still have options.

What is a zoning variance?

A zoning variance is an exception to a zoning rule. You must apply for a variance through your local zoning board or Board of Zoning Appeals. Keep in mind that approval standards and processes vary by location.

What is rezoning?

Rezoning means changing an area’s zoning classification. It can be initiated by an individual, group, or city. In all cases, the case must go through a legal process that may involve local review, fees, and a consideration of the effects on surrounding land.

Special exceptions and conditional use permits

Some jurisdictions may approve special exceptions or conditional use permits if you apply. It’s always worth checking with your local zoning board to see what’s possible.

How to find zoning information for a property

To find zoning information for a property, follow these steps:

Check the local zoning map and ordinance

Many zoning authorities publish zoning maps and ordinances online. Confirm your zoning district and then check relevant local government websites to review zoning requirements that apply to your district.

Confirm the rules with local government

You may also want to contact your municipality or county directly to verify zoning, enforcement details, or the process for variances, conditional uses, or rezoning. They can point you in the right direction.

FAQ

Here are answers to some frequently asked questions regarding zoning laws.

What are US zoning laws?

U.S. zoning laws are rules that govern how property can be used and developed within specific geographic regions. Requirements can vary by municipality, county, and state.

What happens if you violate zoning rules?

Zoning enforcement and consequences depend on local requirements. Refer to your local zoning office to learn more.

The bottom line: Zoning laws influence property use

Zoning laws control what you can build, renovate, or run on a property. Check what’s allowed before you commit to a purchase or project. A quick look at your local zoning map can save you from costly surprises later.

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.

This article is for informational purposes only and is not intended to provide, and should not be relied on for, medical, legal, financial, investment, or tax advice. You should consult with a qualified professional for advice specific to your situation. Consumers should independently verify that any services, products, or programs referenced meet their needs and comply with applicable requirements.

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