A Beginner's Guide to Understanding Zoning and Land Use

Any land professional needs to understand the fundamentals of zoning and land use. As a developer, landowner, or investor, these aspects of a property can significantly impact your business decisions. This guide will break down key concepts, giving you the base knowledge you need to navigate the complexities of zoning when it comes to your properties.

Contents

What is Zoning?

Types of Zoning

Zoning Regulations and Zoning Codes

Understanding the Difference Between Land Use and Zoning

What to Consider When Buying or Investing in Land

Zoning and Land Use FAQs

What is Zoning?

Zoning is a process that designates land for specific uses. To begin, a local government will divide an area of land into districts or zones. Then they assign the types of land use allowed or prohibited in each zone. It is typically guided by a master plan that considers the full picture of a community and helps guide it toward long-term ideal growth.

These regulations organize land use to reflect the community's goals, promoting orderly development, protecting property values, and ensuring the health and safety of residents. Other benefits of zoning include predictability for developers, environmental protections for specific areas, and overall community cohesion.

Zoning is regulated locally, not federally, and zoning rules vary greatly by region. Depending on where it is, a property’s zoning could fall under a local government or a county-level government. It is typically managed through a zoning office or a land use office. Consult your local zoning office for in-depth zoning maps and information.

Types of Zoning

Land is typically zoned into one of the following classifications:

Residential

Used for housing, residential zoning is for properties with single-family homes, multi-family dwellings, and apartment complexes. It often has specific zoning codes about the density of units (or how many residential units can be built per acre), building height, and lot size.

Commercial

This zoning type is for businesses and commercial activities. Underneath commercial zoning are subcategories of retail, office, and mixed-use developments.

Industrial

A designation for manufacturing and industrial activities, this category typically involves more stringent regulations regarding noise, emissions, and traffic.

Agricultural

Designed to protect farming operations, this classification may limit residential development in rural areas to preserve agricultural land.

Mixed-Use

Typically used in suburban or urban areas, this innovative approach allows for a combination of residential, commercial, and sometimes industrial uses within a single development or area. Proponents of mixed-use development cite that it reduces car dependence and creates walkable communities. These areas become desirable places to live and therefore increase property values.

Zoning Regulations and Zoning Codes

Zoning regulations and ordinances are the specific laws and guidelines that determine what is allowed within an area. These regulations are detailed in zoning codes, which outline specifics around the permitted uses and requirements for development. Some examples of zoning codes are setbacks (the minimum distances buildings must be from property lines), height restrictions, and parking requirements.

If you don’t comply with these codes, it can lead to fines, delays, or even the halting of projects, so having an awareness of the regulations that govern your property is essential. For more in-depth information on the zoning laws in your area, you should contact your local land use office.

Understanding the Difference Between Land Use and Zoning

Zoning and land use are related, but they aren’t interchangeable terms. While zoning refers to the laws and regulations determining how land can be used, land use is how those laws are practically enacted. Land use describes the actual use of the land, such as agricultural, commercial, or residential activities. So in a nutshell, zoning sets the rules, and land use is the outcome of those rules.

What to Consider When Buying or Investing in Land

All aspects of a property’s zoning and land use should be considered when investing or purchasing a property. Some important things to consider are the property’s current zoning classification, future zoning changes, the specific zoning codes, and the community impact of your proposed use.

Important Questions to Ask

• Does the current zoning of the property align with your intended use?
• Are there any planned or proposed changes to zoning regulations that may affect this property in the future?
• What are the restrictions for development on this property?
• Will any special permits or variances be needed for your intended use?
• How will your proposed use affect the surrounding community?
• Does your proposed use align with the local government’s long-term development plans?

Zoning and Land Use FAQs

Q: What is zoning?

A: Zoning is the process by which a government designates what land use is permitted in specific zones.

Q: What are the common types of zoning?

A: Common zoning categories are residential, commercial, industrial, agricultural, and mixed-use.

Q: What’s the difference between zoning and land use?

A: Zoning refers to the laws, regulations, and codes that dictate land use. How the property is practically used is — you guessed it — the land use.

Q: What’s the difference between a zoning regulation and a zoning code?

A: Zoning regulations refer to the broader designations of land use, while zoning codes are the more granular requirements of a zoned property such as building height and residential lot density.

Q: What should someone consider about a property’s zoning when buying or investing in land?

A: You should consider if the zoning aligns with your intended use, how the surrounding properties are zoned, and if there are any planned changes to zoning regulations in the area.

Final Thoughts

Understanding zoning and land use is crucial for anyone involved in property development, ownership, or investment. These regulations shape the growth and structure of communities. Importantly for you, they also significantly impact the feasibility and profitability of projects. From residential and commercial zoning to the complexities of mixed-use developments, being familiar with the local regulations during a purchasing process is essential to the deal’s success.

Zoning can be a complex subject. By understanding the key principles and consulting local authorities, you’ll be better equipped to make informed decisions that benefit your business and community. Ultimately, zoning isn't just about following rules — it's about ensuring that your property investment contributes positively to the environment, neighborhood, and long-term urban planning goals of the area.