Zoning ordinances may be adopted by cities or counties to regulate the location of industrial districts, business and residential. The purpose of zoning is to ensure fair use and orderly development of land that is within the community. An ordinance is municipal law or legislation law. The owner's use of his realty can also be restricted by zoning ordinances.
The legal power to enact zoning ordinances come from the Constitution of the United States, which recognizes the police power of the separate states. Generally the states cannot use police power except to promote the health, safety morals and general welfare of the community. State legislatures usually pass statutes which permit the cities and counties to enact the zoning ordinances.
The zoning power is actually very broad. Courts generally support the rights of cities and counties to enforce community zoning goals at the expense of individual landowners. For example, a commercial area could be rezoned residential. If the zoning reduces the value of the owners land, then the owner would bear the loss and could not recover for the financial injury from the local government.
On the other hand, zoning cannot be used unreasonably to eliminate an existing use. Thus, a zoning ordinance restricting use of an area to residential could not be used to eliminate an already existing cemetery. The cemetery in a residential zone is called a non-conforming use. If the city wished to eliminate the cemetery, it must go through condemnation procedures, which permit the city to take title to the property by paying the owners the reasonable value of the property. Recently, however, some states have begun to allow reasonable zoning ordinances which eliminate existing uses. Thus, an ordinance requiring the elimination of billboard signs within five years would be enforceable in some states.
Spot zoning is the treatment of a single property in a manner inconsistent with the treatment of similar properties in the area. It is usually prohibited. Further, zoning will not be enforceable if it exceeds the police power of the state. This occurs when the ordinance is clearly arbitrary, unreasonable and without substantial relation to the public health, safety, morals and general welfare, as is illustrated in the following very early case.
A variance may be granted by a city or county to allow a landowner to make some use of his or her land which is inconsistent with the general zoning ordinance. Usually the owner must appear before the variance board and establish hardship and lack of injury to others. For example, a particular zoning ordinance may prohibit fences taller than five feet.
A property owner might obtain a variance allowing a six-foot fence by showing that all the neighbors consent and by arguing that the taller fence is needed to keep four fierce large dogs in the yard. Building codes specify the construction techniques and standards that must be used in they city or county. If in doubt check with zoning ordinances first!
Gary Cooper is a writer, real estate investor and runner from Texas. He enjoys networking with friends and new associates around the globe. Prior to going real estate full time Gary spent thirty years in the commercial HVAC business. Stop by his website for benefits to help you!
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