Why Is Zoning Important?

Zoning laws determine what kinds of structures may be constructed as well as whether existing structures can be altered and/or renovated, including whether their purpose can be adjusted and whether the old building can be replaced by something different – including changes you’re contemplating right now, which might affect other properties nearby negatively. Even your proposed changes might affect their neighbors negatively if their neighbors make similar requests involving both properties equally.

Knowing how zoning functions is essential as it will directly determine if and how modifications you desire can occur – or whether changes you don’t wish for happen instead. Here we offer you an in-depth guideline of how zoning operates step-by-step.

What Is The Purpose of Zoning

Before diving in too deeply, let’s get the big picture: What exactly is the purpose of zoning? Zoning is a legislative procedure used to divide land into zones suitable for different applications; its laws regulate how land can be utilized and structures built upon it.

If you have ever dealt with a city, chances are high that you have heard variations on “for the health, safety, and general welfare of the public.” This essentially states that all decisions made by officials must serve in the best interests of residents; thus, zoning laws aim to promote safety, health, and well-being through area usage restrictions.

To achieve their goal of protecting those living there from land usage which may not be in their best interests, laws on zoning regulate such effects through land usage zoning; such products include but aren’t limited to:

Protecting property enjoyment and value through segregating incompatible land uses and minimizing their adverse effects while assuring optimal property use based on location and surrounding service is paramount for homeowner satisfaction and value retention.

At its core, urban development means using land to maximize benefits to its citizens and ensuring adequate infrastructure like roads, sewers, water supplies, and roads for public use. To be truly effective and beneficial to communities worldwide.
Cities need industrial uses to expand their economies; at the same time, cities require homes suitable for single-family living as well. When both types of use cases coexist harmoniously, will residents or industrial customers be satisfied? Most likely. Are neighbors content? Yes, if their living environments match. Zoning areas ensure all use cases are compatible; its purpose is “loving your neighbor as yourself.”

Zoning allows communities to achieve compatible purposes by providing roadmaps and driving guidelines to navigate them, considering expansion plans as part of this equation. Zoning also divides cities into distinct districts while restricting uses within each one – then laws are made to regulate this further.

• What districts can each be utilized (i.e., residential, commercial, and agricultural),?
• What kinds of structures or other elements exist within each community (such as size, number of stories, or arrangement)?
• Where would be best place them (setbacks vs. green space, etc.)?
• What steps must the landowner take to ensure compatibility between neighboring uses (such as buffer zones and flooding control measures) and his use? (such as installing buffers)?

Thankfully the law recognizes that life doesn’t work like that, Zoning laws allow for inevitable change (e.g., the state building a crossing that makes the west side suitable for retail instead of quarrying?) and unexpected circumstances that arise in real life.

Step One Of Zoning – Comprehensive Plans

What’s the easiest way from Boston to Los Angeles? Driving anywhere and hoping that eventually, it takes? While millions of monkeys typing away could subsequently produce all of Shakespeare’s work, you might stand a better chance finding L.A. with a map in hand – master plans (also called comprehensive plans or masterplans) serve to plot cities towards ideal physical, social, and economic progress over five to 20 years timeframes.

Cities need a strategic land usage plan to meet their land utilization desires (including any necessary public infrastructure investments) to accomplish their intended purposes and satisfy residents. If, for instance, their inhabitants find it beneficial to create high-tech industry hubs within its borders, then specific spaces within its walls will be explicitly designated as high-tech zones.

The plan is also used as the framework for rule development; its goal is to outline rules and regulations which define which uses are permitted, what structures may be built with that layout, and where such services and facilities could go concerning other districts – although legally nonbinding legislation like an ordinance on zoning could take precedence based on such plans.

Creation of a Comprehensive Plan

Producing a plan involves experts in urban planning working alongside city officials and members of the public, and members of a planning committee within your municipality (and, at times, neighboring communities, too!).

Redevelopment plans follow only one standard process; however, they typically begin by seeking input from residents and other interested parties on how their city could develop further. If a developer wishes to become part of their city’s development and expansion plans, providing them a seat is vital. City staff could use their knowledge to make plan drafts alone or with planners/consultants. Once complete, it is presented to the city’s Commission on Planning for review by staff members who use staff advice. If they find it acceptable, it will go before City Council with an approval recommendation (if it needs adjustments, it can be resubmitted to the commission for reconsideration or returned directly to the staff’s hands for modifications).

As the final arbiter of any plan’s content and outcome, its purpose must reflect and respond to citizen hopes and desires – not simply serve a select few commissioners’ or council members’ desires – then its approval or rejection can take place without further consultation from members or the general public. Council may seek additional public feedback before voting on whether to accept, amend or deny proposed plans for approval.

What Constitutes a Comprehensive Plan?

Comprehensive plans contain both words and pictures as well as maps and texts which define where sewers, streets, and infrastructures should go in terms of land use areas, limitations placed upon these uses as well as what infrastructure supports their support; furthermore, they act as roadmaps towards L.A. in five to twenty years.

Are You Confused by These Plans?

In case you own land that needs expansion or transfer for development purposes, and wish to expand or transfer ownership or develop it with third parties, or feel that certain land areas need specific development methods and attract particular types of purposes (for instance, an industrial hub? ), as well as share opinions by having your voice heard when designing strategies. Having their voices heard on how you design strategies may be of great importance to their constituents. Likewise, if you live nearby undeveloped or under-developed lands ripe for development ( or close enough that development may happen quickly), or feel that a city must develop using certain specific methodologies (for instance, becoming an industrial hub?), or feel that their opinions be heard on how such strategies should be designed, or simply voice their opinions when necessary if desired.

Are there already existing plans in place that pertain to your land and neighboring parcels, including across the street? Such information could have an enormous effect on its worth as well as how pleasant or otherwise its neighborhood may become in which to work, live and do business in.

Most cities provide an overview of their plans on their official websites; otherwise, a phone call to City Hall with one transfer after another may reveal them.

Step Two Of Zoning: Zoning Ordinance

Once you have your map for Los Angeles in hand, what comes next? A Zoning Ordinance provides details regarding which routes have the highest limit speed or are the fastest. As this ordinance sets forth details from comprehensive plans pertaining to land and building use in local governments (township or county), including rules and regulations concerning use.

A Creation of a Zoning Ordinance

What’s involved in creating an ordinance? Check out the graphic above – this process for creating one is similar to overall planning approval procedures: planners and staff (often lawyers) draft an ordinance draft; public hearings take place to seek input from members of the public on it before modifications by staff and consultants occur, and it goes before the commission on planning for consideration; modifications made and recommendations sent back out again, potentially with amendments or approval. Repeat until completed!

As opposed to its original plan, as an ordinance is a legally binding document and sets forth rules for how land may be utilized and developed, its development must first receive legal approval before proceeding further. One of the biggest obstacles associated with implementing an ordinance is complying with legal standards.

Why should you care? Unless it affects you directly and you believe there has been any unjust treatment of yourself or another, the question should not concern you until such time as there is evidence that injustice has occurred. Here are a few guidelines:

• State and federal common law cases (court cases; see Village of Euclid, Ohio vs Ambler Realty Co 272 U.S. 365 (1926) for starters) related to zoning have long been used as teaching tools, providing insight into two landmark cases from that field (Wall Street Journal/Reuters article.). For an interesting challenge and knowledge boost, check out Village of Euclid, Ohio V Ambler Realty Co 272 US 360 (1926), Penn Central Transportation Company V New York City 438 US 104 (1978). For further study, consider learning these landmark cases from two court cases!).
• Statutes and laws at both federal and state levels as well as codes and rules concerning religious land use (RLUIPA of 2000 ensures individuals, churches of worship, religious establishments are free from discriminatory zoning practices.)
  Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968), as well as sections 332(c)(7) and 1455(a) of the Communications Act, are regulations that place restrictions on local or state authorities that make land-use decisions about wireless networks; both apply.
• Consideration must also be given to the Endangered Species Act of 1973 (16 U.S.C. 1531 and subsequent sections.). As with other laws, its text cannot be written in stone – as with its creation process itself. Likewise, with regards to changes being implemented or revised according to any changes brought forth through legislation, changes may happen at any time within an E.S.A. statute itself or over time in accordance with amendments made through various legislative bodies or agencies.

An interesting complication that may arise during amending is when: (1) the city seeks to alter its ordinance, (2) it has not determined exactly what change will come about, and (3) it temporarily stops development that, though legal under the current ordinance could become illegal with future amendment (4) they can conduct an accurate evaluation and plan choice process and have conducted proper due diligence with a potential amendment. A temporary stop may be termed a moratorium, which, although legal, must also be fair as landowners looking to improve their properties could face delays (or being prevented altogether from developing if changes don’t fit with purpose planned purposes). A temporary stop known as a moratorium must also be considered fair because landowners looking at improving properties could delay or stop development

Courts will assess whether a moratorium serves an appropriate state interest and doesn’t take away too long from the landowner’s suitable uses; otherwise, it could be considered unlawful and be classified as a regulatory take (we’ll cover takings later). To impress friends with knowledge about landmark cases for moratorium decisions or zoning matters, Tahoe-Sierra Preservation Corporation Inc v Tahoe Regional Planning Agency 535 U.S. 302 (2002) may serve as an impressive reference point.

What Constitutes a Zoning Ordinance?

Zoning regulations typically involve three categories. Zoning districts: These regulate various uses (for instance, residential district or commercial district); (1) An overview and regulations for using these districts; and (2) An implementation standards section which details performance standards to apply across each district (i.e. (3) An administrative part that details procedures to follow for requests made according to the ordinance. For instance, notifying the public must occur when seeking to acquire an application for a conditional usage permit (“C.U.P.,” and the individual must accept refusal without objection for at least 24 months before appealing further).

As with the full plan, your city’s zoning ordinance should be posted on their official website (hint: click until you reach either their city code or planning page). If it’s not there yet, simply give City Hall a quick phone call for directions towards where to look next.

A More In-Depth Look At Zoning Districts

District Types and Uses

If the goal of creating harmonious land uses to promote health, safety, and well-being for all citizens can be attained, the first step should be identifying its uses; these could include industrial, residential, commercial, or agricultural usage. As different commercial uses do not share identical characteristics – just as not every ice cream offers identical flavors – cities divide broad categories into as many subcategories depending on each business need. Examples of residential categorization could include R-1 for single-family homes on less than an acre; R-2 for those on 0.5 or less; and R-M1 – multi-family with 50 units/acre density or R-M2 which allows up to 100 units on any one acre without limit.

Ordinances may also create various districts tailored specifically for certain circumstances, including floating districts, mixed-use districts, and planned-use districts (“P.U.D.s”). A floating district is defined by ordinance but doesn’t exist yet in terms of map zoning zoning designation. These materials may also have special applications ( e.g., antibacterial), which require unique properties ( e.g., transparent). Attractions or industrial sites with high intensities planned in the near future (for example, large entertainment centers or industrial sites with high intensity) must first determine their location, as well as districts that will offer particular protection (e.g., historical or floodplain districts). When this zone floats over an area until needs that meet requirements can be fulfilled and chosen sites chosen, at that moment, it becomes part of reality and thus continues ‘floating above’ it – thus leaving its creator free to pursue other plans that float above Earth itself.

Mixed-use districts combine several use categories (for instance, residential and commercial). Such districts are commonly found within urban settings.

Planned Use Districts, commonly referred to as P.U.D.s, are mixed-use developments featuring retail, residential, and office uses within one development area with an organized design strategy. In order to encourage their construction in cities around the country, regulations for individual uses may be modified so as to give developers more freedom when designing projects within these districts.

Historic districts were established to safeguard architectural or culturally important structures and their surroundings. Their regulations provide restrictions against demolition or alteration to existing structures as well as requirements that new buildings must conform to certain standards (for instance, ensuring similar architectural style) when planned for.

Once district categories have been defined, an ordinance sets forth which uses are permitted within those boundaries. Common types of uses within those districts include:

• Utilizations Permitted by Law. There are laws which provide for specific use cases to receive permits under specific categories of exploitation.
• Conditional uses (C.U.P.s) may be granted at the discretion of a city for as long as their associated conditions are fulfilled, so long as property may not be negatively impacted by them and provided they comply with specified requirements.
• Accessory uses of property are any non-main use that does not fit with or support its primary use yet still serves its main function; examples in residential areas may be decks, garages, storage sheds, and swimming pools as common examples of accessory uses.

One quick aside on this matter: Annexation. Cities could extend their boundaries by annexing unincorporated land into themselves through the process of annexation; an ordinance could specify how any such property that has been annexed into city limits will be rezoned once brought under their jurisdiction.

Legal Non-Conforming Uses (“LNCUs”). An “unconforming use” refers to any structure, usage, or structure which violates local ordinance zoning requirements, even if initially legal, but the rules changed and made it nonconformant; these nonconforming uses have since become an LNCU; their continuation can still take place, but certain conditions must be fulfilled according to regulations; some typical restrictions include:

• Product conformance within an agreed-upon amount of time (“amortization period”).
• Usage cannot be extended.
• When LNCU modifications change its configuration irreparably and cannot return back to the original, and when property condition reaches beyond an acceptable level, this cannot be repaired.

Regulation of Districts

Once your usage is legal, in order to ascertain which structure type can be constructed, it is imperative that you review all applicable ordinance details – the devil lies in the finer points!

Generalize this to mean a city does have the power to regulate uses; however, if their regulations restrict the economic feasibility or value of property owned by landowners, then this would constitute taking regulation. Real property authorities exercise this power through Eminent Domain to take possession of private land for the public good or end-user benefit and must compensate each landowner who loses land for doing this if this power is exercised – though states have this option available should they choose to exercise it!

Regulation takings that do not qualify as legal seizures mean the government does not own title to the property, yet regulations rendered it practically worthless, leading to what can only be seen as takings by many people. Now is the time for cities and their cities to open bank accounts in preparation.

Regulators typically regulate the dimensions, density, location, and size of structures on any parcel in addition to green space and parking needs. A structure’s dimensions, density, and footprint will often determine its density per acre (calculated using residential units per acre for residents or floor area ratio for commercial), setback distance from property lines determining location, as well as any regulations around green spaces and parking. The location will often be defined by setback distance from structures located along its boundaries – setbacks.

Zoning regulations could determine how properties look by imposing aesthetic regulations on properties. They’re used to preserve a neighborhood’s aesthetic appeal by permitting only structures, designs, and uses compatible with what already exists – for instance, parking spaces, setbacks, colors/designs of structures as well as landscaping materials or construction materials can all fall within this definition.

An ordinance could impose measures designed to safeguard natural resources, such as restricting construction within floodplains or mandating cleanup if floodplains vanish; and/or decreasing impacts associated with development along shorelines by making higher setbacks mandatory along these areas.

Additionally, certain ordinances of a city can restrict activities that it wishes to reduce, such as alcohol purchases, adult usage, or payday loan businesses operating within it. Such usages must remain at least 200 feet from schools or churches while other restrictions may also be placed upon their usages; particularly complex are regulations regarding adult usage due to issues regarding free speech rights being at play.

As explained below, the new ordinance also permits “variations” from certain rules when appropriate.

You Should Be Aware Of The Administrative Section Of Zoning

This section details how procedures within the scope of an ordinance are reviewed to decide whether they are approved, denied or appealed – with typical examples including:

• Who is in charge of each action (i.e., city staff, city council, planning commission, and/or board of adjustment to zoning (“B.Z.A.,” also commonly referred to as a board of appeals to zoning), and in what form must applications for variances and amendments to be submitted?
• What steps must be taken (an announcement to the public, public hearings, and adoption, for example), and when may these steps begin?

Due to regional variations, procedures vary significantly across regions; two general principles to keep in mind when undertaking any procedure: (1) follow ordinance regulations and (2) complete it promptly. Courts and cities typically abide by this practice – so if an ordinance specifies 30-day appeal deadlines, but you submit them later than that deadline, you still may have options open to them.

What Actions Are Considered in the Ordinance?

Zoning ordinances often regulate applications for rezoning and variations to those within their scope of control, along with any application forms associated with conditional use permits and variations that might apply.

Rezoning – If You Want Residential To Become Commercial Or The Opposite

To change zoning districts on any property, an application for Zoning Rezoning must be filed and evaluated accordingly. Because amending district maps defines districts within an ordinance will change as part of this process, similarly as amending laws are evaluated when amending laws; similarly in regards to Rezoning applications being assessed according to both legality as well as comprehensiveness considerations when possible.

Spot-zoning may also fail this test; this occurs when one property’s zone differs significantly from those surrounding it for personal gain of its owner. While legally allowed, different uses on different parcels often can serve a public good or provide a function to others living nearby – for instance, sound planning policies would permit schools in residential neighborhoods while any adult bookstore located there wouldn’t.

Conditional Uses Of Permits

Each district offers conditional use permits, which must be reviewed according to its ordinance before being granted and require special consideration in terms of compliance and permitting procedures. However, they could prove advantageous depending on certain needs in a district and could present certain drawbacks; an example being having a convenience store or gas station nearby residential areas. If any disadvantages of usage can be reduced by setting certain conditions, this would likely prove advantageous to the community. If one or more conditions of use from an ordinance can be satisfied in an application for Conditional Use Permit (C.U.P.), and agreement can be reached regarding them, then an outright permit would likely be issued without further negotiation or review.

What Are Variances?

Variances are granted at the discretion of cities to allow individuals or property owners who would be subject to strict compliance with zoning regulations to break free in situations that present practical issues or undue hardship, for instance, setback requirements not being strictly followed; most frequently allowed exceptions include setback requirements (but not certain uses); although certain jurisdictions allow variances involving permissible uses as well.

Who Decides Zoning Decisions?

Imagine driving towards Los Angeles with your road map on lap and notes detailing various influences influencing it – tollbooth lanes in front, blue lights flashing from a police car behind, and tow truck driver following him, all contributing towards making your journey successful or not; these three entities play key roles when making zoning decisions such as city staff/planning commission/B.Z.A. as well as City Council are involved with making those decisions for you.

City Staff

Working with public entities often comes down to managing relationships between staff members and elected representatives, should one change, while staff remains. Therefore, building effective working relationships will make the entire process simpler while turning your requests for approval into official advocates for each project.

Staff members are the initial step when receiving requests for zoning approval, reviewing applications in tandem with those submitting it and working closely together with them to make sure compliance with zoning regulations is ensured. Finally, the staff makes a final determination along with advice for submission to either the city planning commission, planning commission council, or B.Z.A. according to need – although staff alone do not decide if an application will be approved; other organizations often value and take note of advice offered from staff members as it has an effectful influence on approval or denial decisions made from staff.

Planning Committee

Many cities feature a planning commission composed of people chosen by their city council (commissioners don’t always need legal, real estate, or engineering expertise to play an advisory role to city officials), serving as advisors on land use decisions made within their community. According to local and state laws, planning commissions typically oversee C.U.P.s/rezoning/P.U.D.s created or altered within an overall plan or zoning Ordinance as well.

However, some planning commissions and boards of zoned authority (B.Z.A.) may also review variance applications for approval or denial by holding public hearings, hearing evidence in meetings held outside public view, recording their proceedings, and providing reports that can either approve, accept with changes, or deny variance requests to city council members and city officials.

City councils are typically the sole authority in making decisions on zoning requests; however, in certain jurisdictions, they may delegate some power (for example, to an entity like a commission on planning). When dealing with legislative acts like rezoning processes such as the governing body must use legislative power, but for administrative processes like this one, the council can transfer decision-making authority away to different bodies that don’t use legislative means like legislating themselves to take their place as decision makers.

Board of Zoning Adjustment (or Appeals)

Certain municipalities create boards of Zoning Adjustment or Appeals (B.Z.A.s). B.Z.A.s exist for two main purposes; to consider and act upon variance requests/appeals as well as hear appeals against council interpretation of ordinance; sometimes acting solely as planning commission, making recommendations directly to the council; depending on local ordinance interpretation, B.Z.A. decisions may also be appealed directly before courts as opposed to being just reviewed before council members themselves.

Overall Conclusion On Zoning

By now, you should understand both the fundamental importance and process for creating a zoning ordinance as well as creating its guidelines documents. Zoning Ordinance is used by decision-makers and appealed by applicants alike, so a road map or G.P.S. might just get you where you need to be in Los Angeles…

What should your takeaway be from all this information? That decision lies entirely with you, but, given its nuances between jurisdictions and what has been read here, bringing someone who’s experienced traveling this route might prove helpful – since this piece serves only to inform and does not constitute legal advice; any specific issues regarding zoning must be discussed with an experienced practitioner licensed in their practice area.