The state and municipalities have the biggest influence on how zones are create and regulated. Zones provide a way for the state to be able to have some control over the way that cities and towns develop and at what speed. They are also created based on insights around public health, safety and environmental protection.
Land zones include regulations relating to the types of buildings that can be erected in certain locations, as well as the height, size, number of rooms and the way that a building looks from the street.
The controversy of zoning regulations
In general, landowners are seen to have the right to do what they want, within reason, on their own property. Therefore, the entire concept of zoning and land regulations are controversial for many. The courts respect this controversy to some degree, and often let the owners haves their wishes accepted if the regulation reasoning is arbitrary.
What are the common challenges to zoning regulations?
The government only has a certain amount of power when it comes to determining how a person uses his or her land. They can only create zoning ordinances as long as they are reasonable and have a practical advantage for the community affected.
There are often boards created for zoning appeals, since appealing a zoning regulation has become so common. These usually require legal assistance in order to move forward successfully.
As a landowner you may feel that a zoning regulation that applies to you is unreasonable, unfair or unconstitutional. In this case, you should research the aspects of the law surrounding this specific area before moving forward.
Source: FindLaw, “Land Use and Zoning Basics,” accessed Feb. 07, 2018
