An R2 zone in one community is not necessarily the same as an R2 in another community. Frequently, communities use letters of the alphabet as code abbreviations to identify the use allowed in a physical geographic area, such as A for agricultural or airport or apartments , R for residential, C for commercial, I or M industrial or manufacturing and P for park or parking lots.
These symbols are usually followed by a number to specify the level of use; for example, the common generalizations are R1 for a single-family home, R2 for two-dwelling units, R3 for a apartment complexes, and so forth.
Some communities may also designate another number to indicate certain square footage for that particular zone, as for example, R to signify a single-family dwelling with a lot size of less than 3 acres. Classifications are not the same from place to place.
The most frequently-used groups are commercial, industrial, residential, and agricultural. These groups may be used in various combinations. Source: FreeAdvice. A zoning ordinance is a rule that defines how property in specific geographic zones can be used.
Zoning ordinances detail whether specific geographic zones are acceptable for residential or commercial purposes. Zoning ordinances may also regulate lot size, placement, density, and the height of structures. Zoning ordinances also describe the procedures for how to handle any zoning rule infractions including any penalties. The process of zoning consists of dividing a particular region of land into districts or zones, and then specifying the types of land uses that are allowed and prohibited for each zone.
This is generally performed by a municipal corporation or county. Zoning rules vary greatly by region, but their most general, shared purpose is to separate residential property use from commercial property use. Municipal governments can institute highly specific zoning ordinances to influence the nature of a district or neighborhood in its municipality.
For example, by designating several neighboring sections of a city strictly for residential use, residents of that region will experience less traffic and noise pollution in their environment. Zoning ordinances are also used to preserve the architectural integrity of the buildings in a specific area. If a municipality wishes to maintain the historic appearance of a part of town, zoning ordinances can be used to limit real estate construction there so that all new buildings must be of comparable height and square footage as the historic buildings.
Changes to zoning ordinances can create tension amongst current and prospective residents and also landlords of property in the zoned region. For example, this may be the case if a new business plans to move to a specific city, only to discover that the zoning rules have changed in the geographic region of the property they intended to occupy. As a result of new zoning ordinances, commercial properties may be forced to switch to residential properties and vice-versa. In some instances, existing tenants may be forced to relocate because of these changes.
However, zoning ordinances sometimes contain legacy clauses. Legacy clauses exempt existing tenants from being impacted by any changes to the current zoning rules provided they were already residing in the zone by a specified date.
There are certain exceptions that allow properties that do not meet the requirements of a zoning ordinance to still be established in those respective geographic zones. If an ordinance changes a zone that once allowed commercial businesses to operate to a residential-only zone, some small, local businesses may be allowed to stay open because of a legacy clause. New businesses also have the option of applying for a variance. Unlike the plan, because the ordinance is a legally binding instrument, and provides the rules dictating how and where land can be used, its creation must clear certain legal hurdles.
One of the principal hurdles is ensuring the ordinance complies with the law. Why should you care? Below are some of the laws to be considered:. It should be noted that the ordinance, like all laws, is not set in stone. It can be amended, and generally mirrors the creation process. Such a temporary stop is referred to as a moratorium. While lawful, the moratorium must be reasonable because landowners seeking to develop their properties will be delayed or prevented from developing if the ultimate change prohibits the use they intended.
Again, if you want to impress your friends with your knowledge of landmark zoning cases, the Super Bowl of moratorium decisions is Tahoe-Sierra Preservation Council, Inc. Tahoe Regional Planning Agency , U. Zoning ordinances generally cover three areas: 1 a zoning district section defining different types of use districts e.
If not, a quick call to City Hall should point you in the right direction. District Types and Uses. If the goal of land use-compatibility to serve the health, safety and welfare of the public can be met, the first step is defining land uses. The broad use categories are commercial, residential, industrial and agricultural. Of course, just as all ice cream does not come in the same flavor, all commercial uses are not the same, all industrial uses are not the same, etc.
Accordingly, cities break down these broad categories into as many sub-categories and districts as needed. For example, the residential category may be divided into R-1 for single-family on less than 1 acre, R-2 for single-family on less than 0.
Essentially the zone floats over the community until a use meeting its criteria materializes and a site is identified. At this point the zone floats earth. Mixed-use districts allow for a combination of broader use categories e. A PUD Planned Use District is a type of mixed-use development often residential, retail and office with a cohesive design plan.
To encourage the feasibility of such developments, a city may waive or modify regulations that would otherwise be required of the individual uses. Historic districts are created to preserve structures that are significant historically, architecturally or culturally.
Once district categories are established, the ordinance then spells out the uses permitted within each. Typical use types include:. One quick aside: annexation. Cities may be able to expand their boundaries through annexation of neighboring unincorporated land. The ordinance may include rules dictating how annexed property will be zoned when brought within city limits.
Where the use was originally in compliance, but the regulations changed to make it non-compliant, the use became an LNCU. Common restrictions are:. Regulation of Districts. The devil is in the details. As a general caution, while a city has the right to regulate uses, if such regulation effectively deprives a landowner of all economically reasonable use or value of their property, it can be considered a regulatory taking.
A taking in the real property arena refers to the government exercising its power of eminent domain to acquire ownership of private property for a public use or benefit.
While a government has this right, if they use it they must compensate the landowner for the loss of his land. Time for the city to get out its checkbook. With that said, regulations most commonly dictate the size, density and location of structures within a parcel, as well as parking and green space requirements.
Size can relate to the footprint, height, number of stories, etc. Density refers to the amount of development allowed per acre, calculated either by the number of dwelling units per acre for residential or floor area ratio for commercial. Location is governed in part by setbacks, the distance between structures and property lines. Examples include limitations on parking, setbacks, the colors and architecture of structures, and types of landscaping, roofs and building materials.
The ordinance may also impose regulations to protect natural resources such as: 1 prohibiting building within floodplains, or requiring remediation if floodplains are eliminated; and 2 mitigating the impact of shoreline development by, for example, requiring larger setbacks from a shoreline. Additionally, some ordinances will highly regulate uses the city wishes to minimize, such as the sale of alcohol, adult uses, and the operation of pay-day loan businesses.
Such regulations often stipulate these uses must be a certain minimum distance from schools or churches, though other conditions appear. The zoning regulation of adult uses is especially complex as Constitutional issues of free speech are involved.
This section describes how actions under the ordinance are reviewed, approved, denied and appealed. It typically details:. Cities and courts generally strictly interpret these provisions. Zoning ordinances will typically govern applications for rezonings, conditional use permits, and variances. A rezoning application may be judged not only on its compliance with the ordinance, but in some cases its compliance with the comprehensive plan. While property may lawfully be zoned differently than its surrounding uses, such varying uses are typically permitted because they serve a public benefit or a useful purpose to the other properties.
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