zoning

Zoning is a legislative act dividing a jurisdiction's land into sections and regulating different land uses in each section in accordance with a zoning ordinance. While zoning was originally conceived to protect industrial use of land, today it more broadly controls land use to protect value of land and objectives beyond industrial development.

Zoning schemes are generally cumulative. For example, in residential use regulations, zones are rated from R1 onwards. R refers to residential and the number that follows indicates the limitation on the number of homes or structures that could be built on the land. For instance, R2 allows two residential structures while R3 allows three-family units such as a triplex apartment. Usually what is allowed on R1 is also allowed on R2 and onwards. What is allowed on R2 is also usually allowed on R3 and onwards. The general rule is that the more permissive the uses are, the more valuable the land is. For an example, see the City of Syracuse Zoning Map.

In terms of the use of land, zoning is different from nuisance in that zoning is primarily a preventative approach to land use whereas a nuisance takes the retrospective approach to land use. Specifically, zoning generally cannot eliminate existing use and only sets the standard for future use. In comparison, a nuisance violation can only lead to elimination of existing use and does not come into force until the actual harm happens.

While the general rules apply most of the time, a number of devices allow governing boards to include flexibility in their zoning. The following are a list of devices for such purposes:

Non-conforming use: Allowing a pre-existing use to continue
Variance: Allows the governing board to grant an exception
Spot Zoning: Changing the zoning for a specific parcel of land, but not the surrounding parcels
Illegal Contract Zoning / Legal Conditional Use Zoning: While a city may not change the zoning in exchange for a bilateral promise from a landowner, it may make a change if the landowner makes a unilateral promise.
Incentive Zoning: The governing board offers landowners a way to buy out of regulations at a pre-set price.

See, e.g. Bragdon v. Town of Vassalboro, 780 A.2d 299 (Me. 2001)

zoning

Primary tabs