What are the ramifications for violating zoning laws?

The ramifications for zoning violations can be brutal, so it is very risky to ignore zoning rules. Suppose, for example, that in a strictly residential area, you add an extra back room to your home - illegally - in order to operate a massage business. For the most part, the town and neighbors don’t notice. When you later sell your home, you cannot guarantee that the property is "up to code" and run the risk of being forced to accept a reduced price or withdraw the home from the market. Even if ownership has changed hands since the illegal construction and it comes to the attention of the local authorities, perhaps through a tax assessment, the new owner could be ordered to comply with the zoning rules, pay a fine, or worse—tear down any illegal construction.

About Zoning Laws

Zoning laws help governments control and oversee the physical development of land and how it’s used. Zoning laws implemented by a government entity specify the areas in which residential, industrial, commercial, and agricultural activities and practices may take place. Besides restricting the uses of a particular parcel, zoning laws regulate the density allowed on a property, the intensity of use, number of parking spaces determined by the use, how parking spaces are surfaced, fencing, setback requirements, signage, home occupations, and landscaping.

Requesting Changes in Zoning

The particular zoning of a parcel is not always set as it is. A property owner may request a change in zoning of his or her parcel; specific procedures are required to do this. State laws require public hearings after notice is given to obtain feedback from the community. Statutes mandate notice to nearby property owners if there is a desired change in zoning by a property owner. One should not assume that if their property is zoned residential, all other neighboring properties have the same zoning.

A variance is a request to deviate from the current zoning requirements upon a given parcel. If granted, it allows the property owner to use his or her land in a manner ordinarily not permitted by the current zoning ordinance in effect. A variance is not a change of the property's zoning, but rather is a waiver of a certain zoning requirement.

Purpose of Zoning Laws

Localities typically divide their jurisdictions into segments called "zones" on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, one nearby may be zoned for commercial use, and areas on the outskirts of town may be zoned for industrial use.

Zoning preserves property values and makes towns and cities better places to live. For example, without zoning laws, a business might be able to purchase a parcel next to a home and build an incompatible structure on it and operate at all hours of the day and night. Zoning laws also protect businesses that engage in non-residential land use by making sure they can conduct their business without bothering neighboring landowners. This helps prevent legal actions.

Consequences of Zoning Violations

The consequences of violating zoning laws are significant both immediately and in the future for the person or business in violation of the laws. The violator may suffer civil penalties, criminal action, fall out from building officials, and/or decreased property value. In the case of civil penalties, a possible result could be a court order requiring the owner to remove an illegal structure or illegal addition at significant costs, in addition to fines and penalties.

Regarding criminal action, a criminal complaint could be filed against the owner of the violating property resulting in possible jail time and/or significant fines and penalties. Fall out results when the department in charge of zoning and permits refuses to issue building or other permits to the offending property owner, on any and all buildings owned by him.

Decreased value results when the owner of the violating property cannot convince a possible buyer that the offending property will conform to existing zoning laws. The owner may be forced to sell the property for less than its fair market value or he may not be able to sell it at all. Buyers may, upon discovering that a property has zoning issues, back out of a sale for fear of responsibility for compliance with zoning laws.

Zoning Violation Resolution

If a zoning agency determines that a property violates its zoning laws, the property owner typically appeals the decision either to the agency or through a court action. Usually, the property owner has to exhaust the administrative process by appealing to the agency before a lawsuit is filed.

Another option is to seek a permit for a conditional use or a variance, which would make the violating use allowable. The agency in charge of zoning may allow this in special circumstances. For example, let’s say an individual or business buys property that is already in violation of zoning laws. This violation was the result of the conduct of a prior owner, and it was not disclosed before close of escrow. As a result, the current owner is not at fault for the property's current zoning violations.