Zoning and Other Land Use Rules

Local governments have established a number of regulations and rules, administered by one or boards or agencies to control the use of land. Those bodies apply the rules to protect property values and ensure a thoughtful, organized approach to land use. When considering any new or different use of land or a building, consider the need to comply with these rules.

Zoning Ordinances

Nearly every city has established zoning ordinances and other rules that dictate where certain businesses may locate. It is crucial that before you commit to a location for your business, you make sure that the zoning ordinances permit you to operate your business in your selected location. Zoning enforcement officials may be able to close down your business if you are improperly operating in an area not zoned for your type of business. For example, your business may be engaged in light manufacturing. The zoning ordinances in your city will likely restrict the operation of light manufacturing businesses from residential and commercial areas. Determining whether an area is properly zoned is a sometimes difficult matter. You should begin your search by checking with your local planning or zoning commission or city planning department. If the office is not listed in your local telephone book, call the courthouse or city hall. Do not rely entirely on the opinion of the city official given over the phone. You will probably need to review the zoning ordinances and the maps and plats that define where the various zones are located.

Construction Permits and Occupational Licenses

One common problem encountered by homeowners and businesses is securing construction permits. These permits may be required for seemingly simple activities, such as painting the exterior of your home or installing a fence, as well as more complex projects. If you are considering any work that will alter the appearances of the exterior of your home, or effect plumbing or wiring inside, you may need a construction permit. Cities also regulate the location of businesses by the grant of construction permits and occupational licenses. Those matters may be handled by a department different from the office that deals with zoning matters. Contact the appropriate officials and determine what licenses and permits may be needed before making any investment or committing to a given location.

Zoning Appeals Board

Even though the zoning ordinances may prevent you from operating your business or making changes to your home, sometimes there is relief. Most cities have a board of zoning adjustment or zoning appeals board that reviews zoning ordinances and complaints. It may be possible to appeal to that group for a change in the zoning ordinances or to receive a "variance." A variance is a kind of special permission to use property for a specific purpose not otherwise permitted by the zoning ordinances. That group may also permit a "non-conforming use" in certain circumstances. In this case, a use that was previously permitted may be allowed to continue following any change in the zoning ordinances that would make it otherwise illegal. In other words, the prior use is "grandfathered" because it would be unfair to take away the right to use the property in manner previously permitted.

Conditional Use Permits

Most zoning ordinances require "conditional use permits" in certain cases. This means that even though the intended businesses is proper for the zone that you want to locate in, an extra permit is still required. For example, you may desire to establish a recycling business that will generate noxious fumes or waste in an industrial area.

Home Businesses

Remember that zoning ordinances and permit rules apply even if you operate your business from home. If you live in an area that is mostly single family homes, it is likely the local zoning ordinances prohibit most home businesses. Many times, neighbors upset about increased traffic flow or the risk of lower property values will ask zoning officials to shut down your home office or home business. To avoid this problem, make sure that you are operating within the zoning ordinance and that you have all the requisite licenses and permits.

Homes Associations

Many developments, including newer ones in particular, make homes association membership automatic with home ownership. As a member, the home owner must abide by the association's rules. Those rules are often far-reaching, touching matters such as house color, posting signs, permitted vehicles, lawn care, and other matters of appearance. While homes associations are designed to protect property values, they are sometimes viewed as placing too many restrictions on home owners and frustrating many of the benefits of ownership. Before buying a home, review the homes association's rules and practices. Also, determine the dues you will be required to pay, as well as the services that will be provided. Many associations provide extensive services and access to recreational facilities, while others provide only limited benefits.