What is down zoning?

Down zoning is the process by which an area of land is rezoned to a usage that is less dense and less “developed” than its previous usage. This is typically done in order to limit sprawl and overgrowth of cities to help concentrate areas of development into smaller sections to keep from over-zoning a community.

Examples and Purpose of Down Zoning

Down zoning may occur when, for example, an area that is built up with large apartment buildings is cleared, and the area is rebuilt with single-family homes or smaller multi-family units. Another example may occur if a large area of shopping malls is rebuilt with single-building shops and restaurants, or when a large industrial area is rebuilt as retail stores.

Down zoning is somewhat unique in the process of urban development because, on its face, it tends to be going in the opposite direction of what is ordinarily considered progress, i.e. - it is building backwards, in a sense. However, if the community's goal is to downsize and prevent sprawl from taking traffic away from downtown, or to prevent overbuilding of the city boundaries in a way that will sprawl into surrounding suburbs, down zoning can be considered a positive change that will redirect life back into the city center and remove eyesores that can result from overbuilt areas.

The Effect of Down Zoning on a Landowner

Down zoning can create a problem for you if you happen to live or own a building in the area that is being zoned down. If this occurs, in some cases, you will be "grandfathered" in, which means you will be able to continue to use the land for the same purpose you were using it for prior to the zoning change. While being grandfathered in won't happen in all cases, this is often the best way to protect existing interests when zoning regulations change. 

Getting Help - Zoning Codes

If you are facing down zoning in your area, you will want to speak with a lawyer to find out what is going to happen to your property rights and what options, if any, you may have to protect yourself in the face of down zoning.