Zoning is a tool that towns and cities use to regulate how land is used and developed.
In general, it divides land into different categories or “zones” to avoid conflicts between incompatible land uses – like having a hog farm next to a residential area or a nuclear waste incendiary facility next to a school.
What are the types of zoning, and what do they affect?
Zoning regulations can control everything from how tall a building can be to how far they must be from streets or property lines. They can also dictate parking requirements, building uses, signage and more.
Generally, zoning is divided into the following categories:
- Residential: Areas designated for homes, such as single-family houses or apartment complexes.
- Commercial: Zones for businesses like shops, offices, and restaurants.
- Industrial: Areas reserved for factories, warehouses, and other heavy operations.
- Agricultural: Land set aside for farming and livestock activities.
- Mixed-Use: Zones where a blend of residential and commercial activities are allowed.
What happens, however, when you find the perfect property for your needs, but the zoning isn’t right? Or, what if you want to make structural changes to a building to suit your uses, but the zoning doesn’t permit it? That’s when you may want a variance.
What’s a variance, and how do you get one?
A variance is special permission granted by the local zoning authority to property owners allowing them to deviate from a specific zoning restrictions. It’s usually allowed when strict adherence to the zoning law would be an unnecessary hardship or there are other unique circumstances related to the property itself.
For example, you might ask for a variance if you want to add a second story to your home that would exceed height limits or your lot is oddly shaped and building a set distance from the property line is impractical.
Obtaining a variance is not easy, however. It often requires a tremendous amount of paperwork, petitions to the local zoning and possibly even public hearings to allow neighbors to voice their support or opposition. That’s why it’s essential to seek experienced legal guidance if you need a variance for your property’s use or development.