A zoning ordinance is a municipal law that outlines permitted uses for various sections of land. Thus, some lands may be dedicated to industrial use, while others may be set aside for residential or commercial use only. A zoning ordinance may also regulate building height, restrict sound, or require open space. It may also include control such as parking and sign regulations.
Generally, uses permitted by zoning ordinances do not require any discretionary review, but some may require a special permit or exception. If a use is not outlined in the ordinance, it is generally not permitted without a variance. While many zoning ordinances have not been updated for a long time, parties can argue that their uses are permitted if they can somehow fit their uses within the existing language. For example, a veterinary hospital could be permitted use if the hospital that was in the original ordinance is not confined to only hospitals for human beings.
Therefore, the most important sections of a zoning ordinance are its definitions, which usually sit at the beginning or end of the ordinance. For example, some ordinances may define an office generally as an establishment engaged in doing business. Others may require a minimum number of seats for workers. Thus, a permitted use under “office” for one ordinance might be prohibited for another. For an example, see the Village of Cayuga Zoning Code.
See, e.g. Pheasant Bridge Corp. v. Township of Warren, 169 N.J. 282 (N.J. 2001); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Knick v. Township of Scott, 588 U.S. (2019).
See also:
- zoning
- Land use law: an overview
[Last updated in August of 2024 by the Wex Definitions Team]