Zoning Law

We’ve written about zoning before here and about real estate law here. Zoning ordinances typically divide an area into districts or zones — residential, commercial, and industrial — and require that property use conform to the zone type. Most of these laws derive from a desire to create a pleasant place to live — very few people would like to live near a huge factory, for instance. Special zoning laws may apply to certain types of businesses, such as strip clubs and marijuana dispensaries. However, zoning laws are changing rapidly as more people want to live closer or even alongside commercial areas and their workplaces, with some municipalities using zoning laws to encourage greater urban density. This section provides legal information on zoning compliance, challenges to zoning ordinances, and more.

Types of Zoning Classifications

There are several different types of zones related to real estate development, which tend to vary by community. The main types of zoning categories include the following:

• Residential – This zone is meant for homes, such as houses, apartments, condominiums, and mobile homes; residential zones often address whether farm animals (such as chickens) may be kept and whether home businesses are permitted
• Commercial – This is a broad category that may include offices, restaurants, shopping centers, even apartments
• Industrial – Industrial zones include factories, warehouses, and similar types of establishments
• Agricultural – This zone protects agricultural land for farming and related activities; typically limiting the density of development and minimum acreage for separate plots of land
• Rural – This may include residential areas zoned to allow horses or small livestock
• Historic – Some communities have zoning laws that prevent alterations to historic buildings, often affecting those that qualify for tax incentives
• Aesthetic – Some upscale communities have special zoning laws (similar home owner association rules) covering color schemes, landscaping, building materials, and other aesthetic elements
• Mixed – Some areas are zoned for mixed use in order to encourage a greater density of housing, retail, and office space

Relief From Zoning Laws

Property owners typically must conform to the zoning laws of their community or risk fines and other sanctions. But there may be isolated instances where a property owner may feel compelled to dispute a zoning determination, particularly when zoning laws are changed and affect existing properties. There are generally two ways to dispute a zoning ordinance — asking for an exception from the law or challenging the ordinance itself as improper. Whatever the reason for challenging a zoning law, property owners should consult with an attorney before pursuing such an action.

In some cases, a property may be excused from any change in zoning law, which is referred to as “continuing existing use” or “lawful nonconforming use.” These exceptions also may be available for property owners who have made a substantial investment in their property. For example, someone who spent a lot of time and money renovating a Victorian house into a high-end restaurant — even if it has yet to open for business — may be eligible for a lawful nonconforming use exemption. But if the public use argument is sufficiently compelling, the exemption may be denied.

Another way to get relief from a zoning law is to request a “variance,” in which property owners are granted permission to incorporate specified variations from the zoning laws.

Zoning Lawyer Free Consultation

When you need help with real estate or a zoning matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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