Zoning is a legal regulation that categorises land into various zones and determines the permissible activities or constructions in each zone. For instance, certain areas may be designated for residential purposes, while others may be allocated for commercial or industrial use. The law does provide some flexibility by allowing existing structures to remain or granting exceptions in specific circumstances.
Zoning is a legal process that divides land into different sections and regulates the activities allowed in each section. This is achieved through a zoning ordinance, which establishes guidelines for land use. There are several ways in which zoning can be flexible:
- Non-conforming use: This permits existing land uses that do not comply with the new zoning regulations to continue operating.
- Variance: This allows the government to grant exceptions to specific properties, deviating from the standard zoning rules.
- Spot Zoning: This involves changing the zoning designation for a particular piece of land without affecting the surrounding area.
- Illegal Contract Zoning / Legal Conditional Use Zoning: While a city cannot alter zoning based on promises made by landowners, it can modify zoning if the landowner makes those promises independently.
- Incentive Zoning: This enables landowners to pay a fee in exchange for exemptions from certain zoning regulations.
An example of a zoning case is Bragdon v. Town of Vassalboro, which was decided by the Maine Supreme Court in 2001. This case revolved around whether a landowner could construct a house on land zoned for agriculture. Ultimately, the court ruled in favour of the landowner, citing exceptions allowed under the zoning law in specific circumstances.
Zoning is a legal mechanism used by local governments to regulate land use and development within their jurisdiction.
The most common types of zoning are residential, commercial, industrial, and agricultural.
A zoning ordinance is a set of regulations that govern land use and development within a particular jurisdiction.
Yes, a property owner can challenge a zoning ordinance if they believe it is unconstitutional or violates their property rights.
A variance is a request to deviate from the requirements of a zoning ordinance.
To apply for a variance, you must submit an application to the local zoning board or planning commission.
A conditional use permit is a permit that allows a property owner to use their land in a way that is not typically allowed under the zoning ordinance.
To apply for a conditional use permit, you must submit an application to the local zoning board or planning commission.
A zoning map is a map that shows the different zoning districts within a particular jurisdiction.
It is possible for a property owner to request a change in zoning, but it is ultimately up to the local government to approve or deny the request.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 26th April, 2024.
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