how a zoning ordinance works
the process of zoning consists of dividing a particular region of land into districts or zones then specifying the types of land uses that are allowed or prohibited for each zone this is generally performed by a municipal corporation or county zoning rules vary greatly by region but their most general shared purpose is to separate residential property use from commercial property use municipal governments can institute highly specific zoning ordinances to influence the nature of a district or neighborhood in its municipality for example by designating several neighboring sections of a city strictly for residential use residents of that region will experience less traffic and noise pollution in their environment zoning ordinances are also used to preserve the architectural integrity of the buildings in a specific area if a municipality wishes to maintain the historic appearance of a part of town zoning ordinances can be used to limit real estate construction there so that all new buildings must be of comparable height and square footage with the historic buildings zoning designations vary wildly by state county and municipality if you are confused about zoning laws in your area the first step is to check with your county s or municipality s zoning office sometimes referred to as your land use office you may need to consult with a local real estate attorney if you have an issue with zoning exceptions to zoning lawschanges to zoning ordinances can create tension among current and prospective residents and landlords of property in the zoned region for example this may be the case if a new business plans to move to a specific city only to discover that the zoning rules have changed in the geographic region of the property that they intended to occupy as a result of new zoning ordinances commercial properties may be forced to switch to residential properties and vice versa in some instances existing tenants may be forced to relocate because of these changes however zoning ordinances sometimes contain legacy clauses also referred to as grandfather clauses legacy clauses exempt existing tenants from being impacted by any changes to the current zoning rules provided that they were already residing in the zone by a specified date this process of being exempt from new rules and regulations is also referred to as being grandfathered in certain exceptions allow properties that do not meet the requirements of a zoning ordinance to still be established in those respective geographic zones if an ordinance changes a zone that once allowed commercial businesses to operate to a residential only zone then some small local businesses may be allowed to stay open because of a legacy clause new businesses also have the option of applying for a variance a variance is a request to deviate from current zoning rules if the variance is approved the new tenant can move in and operate regardless of the zoning ordinance 