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Zoning laws regulate how property can be used. Local governments divide land into zones (residential, commercial, industrial) and establish rules for what can be built or operated in each zone. Zoning affects what you can do with property, what can be built nearby, and whether certain business activities are permitted.

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How Zoning Works

Property is assigned to a zone determining permitted uses:
  • Residential (R): Single-family homes, multi-family, apartments
  • Commercial (C): Retail, offices, restaurants
  • Industrial (I): Manufacturing, warehouses, heavy industry
  • Agricultural (A): Farming, ranching, rural uses
  • Mixed-use (MU): Combination of residential and commercial
Subcategories add specificity (R-1 single family, R-3 multi-family, C-2 general commercial).
  • Permitted uses (what activities are allowed)
  • Building height and size
  • Lot coverage (how much land can be built on)
  • Setbacks (distance from property lines)
  • Parking requirements
  • Density (units per acre)
  • Signage
Local government (city or county) administers zoning through planning or zoning department. Building permits verify compliance. Code enforcement handles violations.

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Finding Zoning Information

Most jurisdictions publish zoning maps online. Shows zone designation for each parcel.Search “[city/county name] zoning map” or check local planning department website.
Written confirmation of property’s zoning and permitted uses. Available from planning department. Often required for commercial transactions.
Staff can explain what’s permitted in specific zones, process for changes, and any pending zoning modifications in the area.

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Permitted vs Conditional Uses

Allowed by right in the zone. No special approval needed. Example: single-family home in residential zone.
Allowed only with special approval. Requires application, review, and often public hearing. Conditions may be attached.Example: daycare center in residential zone may require conditional use permit.
Not allowed under any circumstances in that zone. Would require rezoning to permit.Example: factory in residential zone.

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Variances

A variance grants permission to deviate from zoning requirements without changing the zone itself.
Typically requires showing:
  • Unique hardship related to property (not self-created)
  • Strict compliance is unreasonable
  • Variance won’t harm neighboring properties
  • Variance is minimum necessary for relief
Wanting to do something zoning prohibits isn’t enough. Must demonstrate hardship.
  1. Apply to zoning board or planning department
  2. Pay application fee
  3. Public notice to neighbors
  4. Public hearing
  5. Board decision
  6. Possible appeal by applicant or neighbors
  • Area variance: Deviation from physical requirements (setbacks, height, lot coverage)
  • Use variance: Permission for use not normally allowed in zone (harder to obtain)
Variances are not guaranteed. Approval depends on specific circumstances and board discretion. Don’t purchase property assuming you’ll get a variance.

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Non-Conforming Use

Non-conforming use (also called “grandfathered” use) occurs when property use was legal when established but no longer complies with current zoning.
Zoning changes after property is already in use. Existing use is allowed to continue even though new similar uses wouldn’t be permitted.Example: Small store in area rezoned to residential can continue operating.
Non-conforming uses typically cannot:
  • Expand the non-conforming use
  • Resume after extended abandonment
  • Rebuild if substantially destroyed
  • Change to different non-conforming use
Rules vary by jurisdiction.
If non-conforming use stops for extended period (often 6-12 months), right to continue may be lost. Property must then comply with current zoning.

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Rezoning

Rezoning changes the zoning designation for a property or area.
  1. Application to planning department
  2. Staff review and recommendation
  3. Planning commission hearing
  4. City council or governing body vote
  5. Public hearings at multiple stages
Process takes months and success isn’t guaranteed.
Governing bodies consider:
  • Consistency with comprehensive plan
  • Impact on neighboring properties
  • Traffic and infrastructure
  • Community input
  • Public benefit
Application fees range from hundreds to thousands. Process typically takes 3-12 months. May require professional help (attorneys, planners).

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Common Zoning Issues

Many residential zones allow limited home businesses with restrictions on employees, signage, traffic, and exterior changes.Check local rules before starting. Some businesses require home occupation permit.
Secondary housing units on single-family lots (in-law suites, garage apartments). Many areas have relaxed restrictions. Others still prohibit them.Regulations cover size, parking, owner occupancy requirements.
Airbnb and vacation rentals may be restricted or prohibited in residential zones. Many cities now require permits and limit rental days.Verify local rules before purchasing for short-term rental use.
Additions must comply with setbacks, height limits, and lot coverage. Expansion may push property over limits, requiring variance.
Living above a business or running business from home has specific zoning implications. Verify permitted uses in the zone.

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Impact on Buyers

  • Verify current zoning allows intended use
  • Check for pending zoning changes in area
  • Review what can be built nearby
  • Understand restrictions on modifications
  • Research permit history
  • What zone is the property in?
  • What uses are permitted?
  • Are there any variances on the property?
  • Is any use non-conforming?
  • What are setback and height limits?
  • Are ADUs or rentals permitted?
Zoning violations can result in fines, required removal of structures, and inability to sell. Verify compliance before purchasing, especially for properties with additions, businesses, or rental units.

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Zoning vs Other Restrictions

Zoning is one layer of land use control. Property may also be subject to:
  • HOA rules: May be more restrictive than zoning
  • Deed restrictions: Private covenants limiting use
  • Building codes: Construction standards (separate from zoning)
  • Environmental regulations: Wetlands, flood zones, protected areas
  • Historic preservation: Additional requirements in designated areas
Property must comply with all applicable restrictions. Most restrictive rule governs.

Next: Environmental Disclosures

Hazards, flood zones, and required disclosures

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