What are permitted uses?

Written by FreeAdvice Staff
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Zoning laws in different states are set to allow certain activities to take place within different areas of a community. For example, states may allow some areas for residential housing and other areas for commercial activities. Within these "zoning" categories, there may be some "permitted uses" that allow the use of the land for the intended purpose and leave room for standard exceptions to be made. For example, a single-family residential district (an R-1 zone) may allow as permitted uses, by exception, the development of a day care center, a park, or a school. These exceptions do not require a variance or zone change.

How do zoning laws affect permitted uses?

Each area of a community is zoned by the community’s zoning commission, who determines the appropriate uses for each area based on both current structures and the plan for the community. Zoning laws are necessary to protect the interests of the people that live or work within a given location. For example, permitted use laws for a dense residential district do not allow for an outdoor concert that occurs at or greater than the set decibel level for that community’s noise ordinance. A residential developer is not going to obtain a permit to build a residential dwelling or a multiple family complex unit within an industrial or commercially zoned area of the community.

While there are certain areas that may have a narrower range of permitted uses, like residential areas, there are also hybrid zoned areas that have a broader range of permitted uses. For instance, personal dwellings that are built above different commercial businesses such as taverns and storefronts are usually in what is referred to as a commercial/residential zone. An area that’s been designated as an industrial zone but that hasn’t been developed yet could be rezoned if the entity that purchases the land wishes to build a realty development on it.  

If you are concerned about whether you may use your land for a specific person, consult with a lawyer for assistance. 

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