Zoning
Definition
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Example
A city designates a neighborhood as R-1 (single-family residential), meaning only single-family homes can be built there. A developer who wants to build an apartment complex in that zone would need to apply for a zoning change or variance.
Exam Tip
Zoning is the number one example of police power on the exam. Remember that zoning is LOCAL (not federal) and does not require compensation to property owners. Do not confuse zoning with eminent domain, which does require compensation.
Related Land Use Terms
Variance
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
Conditional Use Permit
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Nonconforming Use (Grandfathered)
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building Codes
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Certificate of Occupancy
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Eminent Domain
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
Frequently Asked Questions
Test Your Land Use Knowledge
Practice with exam-style questions to make sure you can apply Zoning and other land use concepts.