Understanding Zoning Laws When Buying Land for Sale
The zoning laws in a town or city dictate what structures are allowed on a particular piece of land. These laws are intended to keep commercial property from interfering with residential areas and vice versa.
Residential
When buying Arizona land for sale, it is essential to know the zoning laws for that area. This will help you determine if the ground meets your needs and expectations for what it can be used for.
Zoning regulations are created when a municipality or another tier of government divides its land into various districts called zones. These zones are defined for specific activities, such as residential housing or commercial business operations. The planning rules that govern these areas differ significantly by town or city and will affect what you can do on your property.
For example, in residential zones, zoning laws may stipulate minimum house sizes and setback lines from the street and prohibit building structures that block views or sunlight. They may also restrict what kinds of animals you can keep or require that oversized vehicles like boats be kept off-site. In addition, zoning may dictate the amount of off-street parking a building must have or stipulations that prevent noise pollution.
However, a property owner can appeal a decision made by the zoning board of appeals. These quasi-judicial bodies can conduct hearings with sworn testimony and determine if strict compliance with the regulations would create a practical difficulty or unnecessary hardship for the property owner. This process is often expensive and time-consuming, so it’s not a good idea to challenge a zoning law without the help of an experienced attorney. In some cases, violating a zoning regulation can lead to fines. This makes it even more important for prospective property owners to know how a particular piece of land is zoned before purchasing it.
Commercial
Most commercial areas have strict zoning laws prohibiting certain types of businesses and requiring special permits to open other companies. Knowing how these laws impact commercial properties is essential to investors and property owners. These laws can significantly impact a business’s bottom line, and learning how to navigate them is vital to success.
Local governments make zoning laws and dictate how buildings can be built on land, what they’re used for, and what rules property owners need to follow about those uses. The most common zoning designations are industrial, commercial, and residential. Within these main categories are often sub-categories like single-family dwellings, duplexes, quads, trailer parks, and apartments. Zoning laws differ by community, and it’s crucial to check with a real estate professional to see what types of businesses are permitted in each area.
The purpose of zoning laws is to protect the value of property. Owners of valuable property want to avoid having disturbances, excessive traffic, or unsightly buildings next door. However, this can lead to issues when a new type of business becomes popular, and the old zoning law needs to be updated. This is when a process called rezoning comes into play, and it can be a lengthy and expensive process.
Agricultural
If a piece of land is zoned agricultural, the property can only be used for agriculture. This zoning designation is often intended to limit suburban sprawl by preventing the development of houses on farmland. While this may seem like a good idea, it is essential to understand the limitations of this type of zoning before purchasing agricultural property.
For example, if you want to build a house on agricultural land and it is currently being used for grazing cattle or growing crops, you will likely need to obtain a zoning change before you can do so. This process is not easy and will require significant money.
On the other hand, if you are willing to build a barn that would be used to raise livestock or produce food for sale, your city is likely to allow this use of the property as long as you do not intend to sell it. The zoning laws for agricultural areas should be carefully reviewed to ensure they do not restrict access to healthy foods.
Additionally, city codes that prohibit animal keeping disproportionately affect immigrant communities that are interested in raising food to provide their families with affordable and nutritious options. It is recommended that cities include the policies suggested in this resource in their zoning codes to encourage urban agriculture practices.
Mixed Use
Mixed-use zoning laws are a way to divide land into multiple districts for different types of use, such as commercial, industrial, and residential. This type of zoning is typical in urban areas, where buildings may have apartments on the upper floors and stores or restaurants on the ground level.
The primary purpose of zoning is to promote a community’s health, safety, and welfare regarding land development. It helps to ensure that residents don’t have fast food restaurants as next-door neighbors or a business park right in their backyard, for example. This is why it’s essential to check zoning laws before buying land.
Zoning laws can also help control more specific details, such as maximum building heights or how far a house needs to be removed from the road. They can even affect whether you can have chickens on your property or run a home business from your garage.
It’s important to note that zoning laws differ from the rules made by homeowners associations (HOAs). While HOAs can influence what you can and cannot do with your property, they don’t usually have the authority to change local zoning laws. If a homeowner violates zoning laws, they may be fined or required to bring their structure into compliance.