Zoning Defined

Zoning is a restriction on the way that land can be used. It allows governments to control the development of communities and ensure they are functional and safe places. Without zoning, a gun store could open up next to a school, an adult club next to a playground, and a busy store on your residential street. Zoning prevents these things from happening and by doing so, it protects property values and ensures communities work in an orderly fashion.

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Consequences of Violating Zoning Laws

The ramifications for zoning violations can be brutal, so it is very risky to ignore zoning rules. For example, illegal construction may come to the attention of local authorities through a tax assessment. If this happens, you may have to comply with the zoning rules, pay a fine, or worse—tear down any illegal construction.

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Permitted Uses for My Property

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.

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Changing the Zoning on Your Property

If you find yourself faced with a situation in which your intended use of your property is not permitted by local zoning law, then you may be able to change your zoning ordinance as it pertains to your property. Most communities have formal procedures that are available to property owners who want to make a zoning change. Whether petitioning for a large scale zoning change or requesting a specific use be allowed on your property, you should work with a local attorney if you are trying to make a change on how your property is zoned.

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Fighting an Approved Rezoning Request

When a rezoning proposal is passed there are still many options for property owners who want to oppose the action. Any appeal of a rezoning decision by a zoning board can be a complicated legal matter that requires proof of an error in the process of making the change, or a flaw in the rezoning decision. In order to appeal a rezoning, work with an experienced attorney for assistance.

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Zoning Under Non-Conforming Use and Special Use Permits

Zoning laws are generally set by local governments and establish permissible uses for properties within certain areas. However, the zoning rules for a particular area change over time as an area evolves. When this occurs, properties may be permitted to continue to persist in a behavior or activity they were doing prior to the zoning change or properties may be permitted to maintain their existing structure even if it would not currently be permitted. This is referred to as a “non-conforming use” since the property is legally permitted to be used for something that would not be permitted under current zoning regulations or to exist in a manner that would not otherwise be permitted.

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Zoning Rules for In-Law Units

Whether or not an in-law apartment is allowed depends on exactly what type of structure you want to construct and what the zoning rules are for the area where you live. If the in-law apartment is considered to be a separate residence, which is usually defined as one with a kitchen or one which could be rented out, then adding one may be considered the conversion of your one family home into a two-family home. Whether or not this conversion is allowed will depend on whether your area is or is not zoned for two family homes. If the in-law apartment is considered to be a separate residence, which is usually defined as one with a kitchen or one which could be rented out, then adding one may be considered the conversion of your one family home into a two-family home. Whether or not this conversion is allowed will depend on whether your area is or is not zoned for two family homes.

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