The Subdivision Process in Property Development A subdivision is a parcel of land divided from a larger area; the purpose is to take a large tract and split it into smaller ones that are easier to develop and that can be developed independently of one another, increasing growth and maximizing use of space. This also speeds the process of zoning and selling off the land, and results in a fully completed area, albeit one that is divided into various smaller areas. → Read More
Continuing Non-Conforming Property Status Protection in the Local Zoning Ordinance A non-conforming business may sometimes continue to operate after zoning laws change to make it illegal to do so, however, any business operating a non-conforming use should be sure to receive approval for their continued operation. It is not uncommon that a jurisdiction opt to allow a single owner to continue a non-conforming use until that owner has been replaced or the business has shut down. → Read More
Non-Conforming Use Exception in a Zoning Ordinance Non-conforming use is a variance of an existing zoning ordinance, permitted because the use of the land was legal before the ordinance was passed. How the law reacts to a non-conforming use depends on the zoning ordinance, the zoning authority, and the effect of the use itself. If faced with a non-conforming use, consult your local zoning ordinance and an attorney familiar with zoning law. → Read More
A Conditional Use Permit for a Specific Use of Land A conditional use permit is a zoning exception that allows a property owner to use their land in a manner not otherwise permitted by zoning law. Obtaining a conditional use permit differs across cities, but will generally require a property owner to explain what non-conforming use they intend, why they should be allowed the exception to zoning, and why granting the permit will not negatively effect the surrounding properties. → Read More
Special Use Permit for Property A special use permit allows a landowner to obtain a tract of land for a use that doesn’t fall directly under the permitted usage for that specifically zoned area. Some examples of special uses include schools, funeral homes, hospitals, cemeteries, and other types of land-uses that don’t fit into the description of residential or commercial uses. → Read More
Community Control Through Aesthetic Zoning Aesthetic zoning is the process of zoning a specific area to create a certain aesthetic look; in other words, it’s a process by which a community adopts certain zoning regulations for property within its boundaries in order to focus on the beauty of the area. Aesthetic zoning regulations are limited in nature and must follow various guidelines, designed to improve the appearance of the area and create a cohesive look. → Read More
Down Zoning Down zoning is the process by which an area of land is rezoned to a usage that is less dense and less “developed” than its previous usage. This is typically done in order to limit sprawl and overgrowth of cities to help concentrate areas of development into smaller sections to keep from over-zoning a community. → Read More
Contract Zoning Contract zoning occurs when a particular area which is zoned for one type of development is rezoned to another classification based on an agreement between the government and the party that will be using the land. In other words, if an area’s zoning code is for residential use but a business wants to make use of it as commercial land, it would be considered contract zoning if the government rezoned the area as commercial based on an agreement by the business to restrict their use to avoid uses objectionable to the public. → Read More
Possible Zoning Restrictions on Keeping Animals Typically a zoning ordinance that controls pet ownership will restrict pets based on where your property is located, what type of animal you have, and what condition the property and animals are in. Zoning laws in most areas allow a reasonable number of domestic pets like dogs or cats on property, with different rules for farm animals or exotic pets. → Read More
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