Zoning is the process of dividing land in a municipality into zones (e.g., residential, industrial) in which certain land uses are permitted or prohibited. In addition, the sizes, bulk, and placement of buildings may be regulated. Municipal governments use zoning to divide real property in order to carry out their urban plans. The type of zone a parcel is located in determines whether any given land use will be authorized or the use expanded. Zoning may specify a variety of outright and conditional uses of land. It may also indicate the size and dimensions of land area as well as the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Legally, a zoning plan is usually enacted by ordinance subject to federal, state and local law.
Areas of land are divided into zones within which various uses are permitted. Thus, zoning is a technique of land-use planning as a tool of urban planning used by local governments. The word is derived from the practice of designating mapped zones which regulate the use, form, design and compatibility of development.
While zoning maps and plans are part of the local code, there are exceptions to these rules. Further, zoning restrictions which are so overly restrictive that they prevent the use of the land may be considered a regulatory taking, subject to constitutional challenges. Our attorneys have decades of experience with the zoning and planning process. We can either aid in getting development approved or oppose overly burdensome requirements.