Zoning regulations divide municipalities into districts and control what can be done on specific parcels. A property owner who wishes to conduct an activity not permitted by zoning law may need to request a variance.
Land use regulation aims to prevent incompatible activities from affecting the health, safety, morals and general welfare. It includes zoning, subdivision rules, environmental review, overlay district regulations such as historic preservation, flood hazards or waterfront access and other requirements.
Residential Zones
Zoning ordinances divide land into districts based on the types of activities permitted. For example, municipalities may designate areas where they want families to live with single-family homes while permitting businesses to open only in commercial zones.
Municipalities establish the basic zoning classifications through a comprehensive plan (town, village or city law SS273) that defines the municipality’s vision for the community’s future. Zoning regulations, per Town Law SS263, must be consistent with the plan and provide for public health, safety, morals, convenience, and general welfare in terms of lessening congestion, protecting the environment, safeguarding property from fire and flood, ensuring adequate light and air and transportation facilities, providing sufficient school and medical services, etc.
Zoning rules typically limit uses through building height limits, setbacks, lot coverage maximums, frontage requirements and parking regulations. But exceptions to these restrictions, known as variances, are granted only after a detailed review that determines a hardship caused by the property, that it cannot be alleviated with another site elsewhere and that it will not detract from the character of the neighborhood.
Commercial Zones
A real estate law attorney can help property owners navigate the complexities of zoning regulations. A local ordinance lays out what can be built, where and when.
Zoning laws protect homeowners and businesses from ill-advised construction projects, nuisance structures, and excessive traffic and noise. Zoning laws can also protect natural and historical resources.
Neighborhood commercial zoning, for example, allows coffee shops and dry cleaners to blend in with residential neighborhoods without increasing traffic or noise levels. It can also allow limited home occupations and churches or schools by special permit. Central business district (CBD) zoning permits high-rise office buildings, department stores, and restaurants. It may also limit building heights and setbacks, parking requirements, and lot coverage maximums.
As New York real estate law explains, the fundamental purpose of any municipality’s zoning laws is “to promote the health, safety, morals, and general welfare.” Town Law SS263 details that these regulations must be developed in accordance with a comprehensive plan and cannot violate the Constitution’s “takings” clause.
Industrial Zones
New York City (NYC) is home to a complex network of industrial zoning districts. While most cities only have residential, commercial, and agricultural zones, NYC has many more. Its industrial zones are divided into light, heavy, and manufacturing. Light industrial areas allow for businesses that produce relatively low levels of pollution, noise, or truck traffic. These include storage warehouses, small-scale manufacturing, and assembly plants. Heavy industrial zones are reserved for factories that generate more significant pollution, hazardous materials, or hefty truck traffic. These include factories that manufacture chemicals such as hydrofluoric acid and silane gas.
It’s important to check local zoning regulations before buying a property in a specific location. A knowledgeable land use attorney can evaluate regulations and advise you of potential issues. This can help prevent expensive legal disputes down the road. It can also save you money on costly zoning violations. In some cases, a zoning violation can even result in the loss of your property.
Mixed-Use Zones
Zoning laws dictate the type of homes that can be built in specific areas as well as the types of businesses that can operate there. If you’ve ever wondered why it seems like houses cluster together or why similar buildings are so close together, zoning regulations may be the reason. Individuals who want to use their land for something that may violate zoning laws can try applying for a special permit through a local planning department or zoning board. Zoning regulations vary by municipality, but most follow similar structures. Some examples of common zoning classifications include: R-1 (Single-family residential), R-2 (Duplexes or two-family residences), RP (Residential Professional) and BP (Business Park). Overlay zones also exist for unique needs, including FP (Floodplain), OS (Open Space), H (Historic) and AO (Area of Environmental Concern). PUD zoning designations allow for planned developments to combine commercial, industrial and residential in a more pedestrian-oriented community setting.