On Real Estate & More – April 2023

Purchasing a home or a piece of land may be one of the biggest decisions you’ll ever make. Knowing what land uses are allowed (and those that are not) is one of the most important things to do as part of your due diligence prior to purchasing the property. A title search can tell you who owns a property but will not tell you anything about what is allowed by its zoning. Unfortunately, many people do not find out what is allowed on their property until they’ve moved in and decided to construct an addition or become urban farmers and get some chickens and a cow. At that point, oftentimes disappointment sets in when they find out their lot is already at maximum lot coverage or farm animals are not allowed in their zone district. Worst-case, some people do not realize the rules for their property until after the fact when they’ve been “red tagged” for illegal construction or a use that is not allowed by the local zoning ordinance.

Zoning Ordinances are established by the local government in order to regulate land use in accordance with goals and policies set by the State and the local governing body. The goal of land use planning is to promote a livable and economically-viable community, while balancing the needs of property owners, businesses, agriculture, recreation, and other community priorities.

Zoning regulations divide the land within its boundaries into zone districts, including Residential, Commercial, and Industrial, and then further into sub-districts such as HC, RR-5 or UR-1, each with different rules. For example, one residential district may allow only single-family detached homes, while another may allow multi-family housing and certain in-home businesses. In general, residential districts are the most heavily regulated.

Zoning regulations typically govern the density and type of housing allowed, including such things as the minimum lot size, required setbacks from property lines, building size and height, and what percentage of a lot that may be built on or sometimes even paved (also known as lot coverage). Zoning regulations may also regulate such things as whether you can have chickens on your property, start a home-based business, how much parking is required, as well as the legality of “accessory” or “granny” units. The number of bedrooms you can have in your home may be limited by how many parking spaces you have as well as the size of your septic system (in rural areas). These are just examples of some of the regulations that are included in zoning ordinances.

Special zone districts often have stricter zoning regulations than standard districts; these are often called zoning overlays, which create rules on top of rules. Examples include historic districts, steep slopes, and floodplains. Historic districts may restrict the size, shape, design, color, and exterior finish of a building. Other restrictions that you might not think of can include:

  • Views—Some areas require that buildings not be visible on ridgelines or other scenic areas.
  • Trees—Some areas restrict the size, number, or areas of trees that can that be removed on your property.
  • Other—Restrictions due to archaeological sites, threatened species, aquifer protection, etc.

Violating the zoning regulations is not a good idea. If you go over the height limits, build too close to the property lines, or build a structure without a permit, you can be forced to modify, or even demolish some or all of the construction and can face fines.

It is therefore important to understand the zoning regulations that apply to the property you are interested in acquiring. Don’t make any assumptions and make sure to check any representations by the seller. A good place to start is to head on down to your local planning department and look at the zoning of the parcel (and surrounding parcels), and talk to the planner on staff as to what is allowed. Good luck on that next purchase!