“NYC Equitable Building Before 1919 postcard“. Licensed under Public Domain via Wikimedia Commons.

So what is zoning and how does zoning work? Let’s find out!

What is the Purpose of Zoning?

The purpose of zoning regulations is to promote livable and economically viable communities by balancing the needs of homeowners, businesses, recreation, agriculture and other community priorities. This is done by establishing and regulating land uses and development standards in the form of Zoning Ordinances.

What are Zoning Ordinances?

Zoning ordinances are laws established by local governments to regulate future development throughout the city or town. They include zoning maps that show zoning districts (Residential, Commercial, and Industrial) and sub-districts (R1, R2, R3, R4, C1, C2, etc). These maps essentially show how the city or town will be developed and what each site’s use can be. Each district and sub-district have different rules on what can be built on each site. For example, one sub-district might allow only single-family detached homes while another may allow duplexes or multi-family units, and another may only allow a business.

In addition to land uses, zoning ordinances establish development standards. These consist of regulations on lot size, setbacks, density, floor area ratio, building height, lot coverage, open space, scale, and parking to name a few. Here is a brief definition of these zoning terms:

• Setbacks – required minimum distances structures must be “set back” from lot lines
• Easements – a legal right to use another’s land for a specific limited purpose (i.e. underground utility lines)
• Lot coverage/Lot Coverage Ratio or LCR) – is the allowable percentage of a lot that may be occupied by built structures and paving
• Building coverage – the allowable percentage of your lot that may be covered by buildings
• Floor area ratio (FAR) – the ratio of total building floor area (including all floor levels) to the area of the lot
• Building height – the maximum vertical distance from the average ground level at the front wall of the building to the highest point of the structure

Pretty much anything you want to build or place on your site, you can bet that it is probably regulated by zoning laws (driveways, easements, fences, garages, signs, and pools among other things). It is always best to check with your specific zoning laws or speak to your local zoning official about the specifics of your local zoning ordinances.

Zoning ordinances are determined by local governments and, therefore, vary by location. They also change constantly. Some municipalities provide up-to-date zoning documents and tools on their websites while others have a very traditional approach with hard copy resources. You can do a quick online search to see if your area has online resources or simply call your local zoning office.

Some municipalities might establish Special Zoning Districts or “Overlay Zones” to certain zone districts. These overlay zones may modify the provisions of base zone districts, by applying stricter or more specific restrictions on properties. Some examples include historical districts, coastal or waterfront lots, environmentally sensitive areas, hillside areas with steep slopes, flood plain areas, and fire hazard zones. Restrictions might be as harmless as restricting exterior colors or finishes. Others, however, might be more invasive such as costly septic systems, erosion control measures, or other environmental safeguards, which make building very costly or nearly impossible.

What are Zoning Variances?

A zoning variance is a waiver from certain zoning requirements based on a unique hardship, not of the property owner’s own doing as long as the use isn’t detrimental to the public or neighboring properties. Because zoning laws can’t anticipate every variation of the physical characteristics of the land or the actual way of living and conducting business in the community, zoning variances provide landowners with a process by which the review board can relax certain regulations of the zoning laws to enable the owner to use the property. Variances are granted by zoning review boards on a case-by-case basis.

In general, there are two broad categories of zoning variances: area variances and use variances.

Area Variances

Area variances are the most common variance. Sometimes the size or physical features of the land make it prohibitive to build on. Examples of area or “hardship” variances are for oddly shaped lots and sloped sites which make it difficult to build in certain areas. If the shape or slope of the lot makes it difficult or impossible for the owner to comply with the local zoning setbacks, a variance could be applied for to reduce the setback.

Use Variances (Special Exceptions and Conditional Uses)

Using our example above, you may be permitted to build only single-family detached homes on your site, while another site may allow duplexes or multi-family units. These are called permitted uses and are allowed without any special permission. A use variance is a variance that authorizes a land use not normally permitted by the local zoning ordinance.

For example, there are certain uses that might logically make sense to be located in certain districts, but current zoning does not allow for them. For example, in a residential district, there may be a great interest and desire for a church, daycare center, or school. In cases like these where the use would not endanger public health prove harmful to the public interest, applicants can apply for a Special Exception or Conditional Use Permit.

Special exceptions and conditional uses are very similar. The difference is that for a Special Exemption a zoning board is hearing the case, but for a conditional use, a governing body reviews each case because the use may require special attention and review due to increased traffic, greater density, or other concerns. For both special exception and conditional uses the board may grant the exception or conditional use, require additional design changes, or deny the project use.

How Does Zoning Protect Land Values & Why is Zoning Important?

• Predictable Use of Adjacent Properties – Zoning districts prevent commercial businesses or industrial buildings from being scattered between residential homes. Since homeowners have some assurance that a large office building or nightclub won’t be built right next door, this adds to each property’s value.

• Uniformity in lot development – Zoning ordinances establish building heights, setbacks and prevent lots from being irregular sizes. Property values benefit when similar structures are built near each other and in an orderly fashion, so this type of zoning may protect property values.

• Prevents Adverse Built Conditions on Adjacent Properties – Zoning establishes height limitations, lot coverage, setbacks, and fence heights. These standards keep buildings from being built too close to a neighbor’s property and prevent fences so tall that they overshadow your yard.

• Requires Compatible Land Uses – Zoning regulations protect property values by adding predictability to residential neighborhoods ensuring that properties are used in a compatible way with the zoned area. This reduces the risk that your property will lose value if your neighbor wanted to run a tattoo parlor out of their home and attracts increased traffic, causes problems, or makes your street into an otherwise undesirable location.

• Appearance – Zoning regulations aim to improve the appearance of certain areas, thereby increasing overall property values because the area looks nicer. For example, zoning may require street landscaping, off-street parking, and dictate where signs may be placed.

Now That You Understand A Little More About Zoning…

What Do I Do Next?

I know what you’re thinking.

“What does all this zoning stuff have to do with me and my future project?”

Well, when you want to build a house or add on to an existing house, you need to know what you can and can’t build. First, you need to find out what zone district you’re in, if there are any special overlay zones, what development standards you’re required to abide by (setbacks, lot coverage, building height, etc), and if you need to consider applying for a variance. We covered these basic zoning terms in this post so hopefully you now have a better understanding about what zoning is.

The next step is to actually find and understand YOUR local zoning laws. You can do the research yourself by searching online or speaking to someone at your local zoning office.

If doing it on your own seems a little daunting, you can work with an architect who can analyze zoning ordinances for you, help you apply for zoning permits, and create drawings or supporting materials to help your chances of getting a variance approved. An architect might also come up with different layouts and design ideas that you hadn’t considered that work within the constraints of strict zoning requirements.

By understanding your specific zoning codes, you will find out what you can build, how big it can be, where on the site it can be located and many other guidelines. And then, my friend, you will be one step closer to getting the ball rolling on your project!