Real Estate

Zoning

Zoning is the government regulation that divides land into designated districts with specific permitted uses, building requirements, and restrictions to control development and separate incompatible land uses.

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Exam Tip

Zoning = government land use control (police power). Variance = hardship exception. Nonconforming = grandfathered use. Spot zoning = usually illegal.

What is Zoning?

Zoning is a form of land use regulation where local governments divide jurisdictions into zones or districts, each with specific rules about what can be built and how land can be used. Zoning separates incompatible uses (like factories from homes) and promotes orderly development.

Common Zoning Classifications

Zone TypePermitted Uses
Residential (R)Single-family, multi-family housing
Commercial (C)Retail, offices, restaurants
Industrial (I)Manufacturing, warehouses
Agricultural (A)Farming, ranching
Mixed-Use (MU)Combination of residential/commercial
InstitutionalSchools, hospitals, churches

Residential Zoning Subcategories

CodeTypical Use
R-1Single-family detached
R-2Two-family (duplex)
R-3Multi-family (apartments)
R-4High-density residential

What Zoning Regulations Control

RegulationExamples
UseResidential, commercial, industrial
DensityUnits per acre, lot coverage
HeightMaximum building stories/feet
SetbacksDistance from property lines
Lot sizeMinimum square footage
ParkingRequired spaces per unit
FARFloor Area Ratio limits

Zoning Exceptions

Exception TypeDescription
VariancePermission to deviate from zoning rules due to hardship
Special Use PermitApproval for specific use not normally allowed
Nonconforming UsePre-existing use that doesn't meet current zoning
RezoningFormal change to zoning classification
Spot ZoningChanging one parcel differently (often illegal)

Variance Requirements

To obtain a variance, typically must show:

  • Unique property hardship (not self-created)
  • Variance won't harm neighborhood
  • Hardship is not purely financial
  • Minimum variance necessary

Nonconforming Uses (Grandfathered)

RuleApplication
Can continueExisting legal use may continue
Cannot expandUsually can't enlarge nonconforming use
AbandonmentLoses protection if abandoned
DestructionMay lose protection if substantially destroyed

Zoning vs. Other Land Use Controls

ControlSourcePurpose
ZoningGovernmentLand use regulation
Deed RestrictionsPrivateAdditional private limitations
Building CodesGovernmentConstruction standards
Subdivision RegulationsGovernmentLand division rules

Who Administers Zoning?

EntityRole
Planning CommissionReviews applications, recommends changes
Zoning Board of AppealsHears variance requests
City/County CouncilApproves rezoning
Building DepartmentIssues permits, enforces codes

Exam Alert

Zoning is a government POLICE POWER regulating land use. Key exceptions: VARIANCE (hardship relief), SPECIAL USE PERMIT (conditional approval), NONCONFORMING USE (grandfathered). Zoning can be changed through rezoning. Spot zoning (treating one parcel differently) is usually illegal.

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