How Zoning Ordinances Work
Zoning is the process of dividing regions of land into zones, or districts, and outlining the acceptable and prohibited uses for each area. Its most basic purpose is to define the separations of commercial property from residential property. This allows for municipalities to tailor their neighborhoods according to their judgement. If an area of a neighborhood is strictly a residential zone, for instance, that will prevent potentially negative effects of commercializing like noise, air and light pollution, as well as limiting traffic. Zoning can also be used to preserve historical sites by limiting commercial building access.
Effects of Zoning Ordinances
Zoning ordinances are useful but can also occasionally create conflict between landlords and potential tenants. If a potential business owner is trying to set up in a new town, they may find that the zoning has changed on the space they were initially planning to lease. Residential and commercial zones can sometimes switch, and this can even occasionally force out current tenants. In this case, a zoning ordinance may contain a clause that ‘grandfathers’ in existing tenants, allowing them to be exempt from new zoning laws. The same works in reverse for a commercial area being re-zoned into a residential one; some small, pre-existing businesses may be allowed to stay open if the new ordinance includes a grandfather clause.
A new tenant can also apply for something called a ‘variance’, which is a request to live or work in an area, along with proof that their presence won’t affect the area negatively.
Purpose of Zoning Ordinances
The purpose of zoning ordinances is to incentivize certain types of land use and building types to be used in a given area. Local governments often use zoning ordinances to adjust the landscape of a geographical area. Ordinances can be used to increase development and creation of new structures. Once the effects of zoning ordinances are felt, property values typically increase or decrease based on the land use.
One way local governments promote the development of a specific land use, such as designating an area for only commercial use, previous land use legislation will likely be removed. Previous structures however will remain and do not to be redeveloped.
