Zoning codes classify areas for business use, residential use, or other specific purposes, but a zoning map is by no means permanent. Zoning laws can change as often as the particular needs of the zoned area change. Many zoning regulations will attempt to take into account the area’s history of zoning in an attempt to minimize discrepancies between current regulations and current needs.
Flexibility of Zoning Laws
Consider a residential zoning map that shows a broad section of empty space. Though the zoning board would typically prefer to keep an undefined area within a residential district zoned for residential use, the board will change the designation to commercial zoning if there is a strong indication that the community would benefit by allowing a commercial enterprise to make use of the empty space. Most of the time, converting an area to commercial use is generally considered preferable to leaving it unused.
In ideal situations, zoning maps follow some sort of logical pattern. Residential zoning codes and commercial zoning codes are mapped out separately, and business districts are separated from stores, homes, and other areas. But these codes don’t always reflect the reality of city layouts, so the zoning decisions that are made are often based on an area’s activity. Zoning codes typically reflect the government’s attempts to build up trade and save the city money.
Land Ownership and Property Zoning Codes
The variability of zoning maps can cause problems for landowners. If you buy a home in a residential neighborhood, you may be distressed to find that a store is moving in next door. But zoning decisions can also be beneficial. If you own an ideal house on a beautiful piece of land, but you’ve always hated the gas station across the street, there is always hope that the land will be sold and re-zoned for residential use.
If you believe that your rights as a landowner are being infringed upon in some way because of a change in zoning or because of unfair zoning restrictions, contact a lawyer to discuss your legal options for addressing the zoning issue.