|
|
Like this article? PLEASE +1 it! |  |
|
Zoning Ordinances
| Guest post by: Gary Cooper |
Article Overview: Zoning ordinances may be adopted by cities or counties to regulate the location of industrial districts, business and residential. The purpose of zoning is to ensure fair use and orderly development of land that is, within the community. By staying on top of zoning ordinances, you can stay out of a lot of pain later on!
 |
Free Download - Probate Real Estate Properties, Can Be A Treasure! By Gary Cooper |
Zoning Ordinances
Zoning ordinances may be adopted by cities or counties to regulate the location of industrial districts, business and residential. The purpose of zoning is to ensure fair use and orderly development of land that is, within the community. An ordinance is municipal law or legislation law. The owner’s use of his realty can also be restricted by zoning ordinances.
The legal power to enact zoning ordinances come from the Constitution of the United States, which recognizes the police power of the separate states. Generally the states cannot use police power except to promote the health, safety morals and general welfare of the community. State legislatures usually pass statutes which permit the cities and counties to enact the zoning ordinances.
The zoning power is actually very broad. Courts generally support the rights of cities and counties to enforce community zoning goals at the expense of individual landowners. For example, a commercial area could be rezoned residential. If the zoning reduces the value of the owners land, then the owner would bear the loss and could not recover for the financial injury from the local government.
On the other hand, zoning cannot be used unreasonably to eliminate an existing use. Thus, a zoning ordinance restricting use of an area to residential could not be used to eliminate an already existing cemetery. The cemetery in a residential zone is called a non-conforming use. If the city wished to eliminate the cemetery, it must go through condemnation procedures, which permit the city to take title to the property by paying the owners the reasonable value of the property. Recently, however, some states have begun to allow reasonable zoning ordinances which eliminate existing uses. Thus, an ordinance requiring the elimination of billboard signs within five years would be enforceable in some states.
Spot zoning is the treatment of a single property in a manner inconsistent with the treatment of similar properties in the area. It is usually prohibited. Further, zoning will not be enforceable if it exceeds the police power of the state. This occurs when the ordinance is clearly arbitrary, unreasonable and without substantial relation to the public health, safety, morals and general welfare, as is illustrated in the following very early case.
A variance may be granted by a city or county to allow a landowner to make some use of his or her land which is inconsistent with the general zoning ordinance. Usually the owner must appear before the variance board and establish hardship and lack of injury to others. For example, a particular zoning ordinance may prohibit fences taller than five feet.
A property owner might obtain a variance allowing a six-foot fence by showing that all the neighbors consent and by arguing that the taller fence is needed to keep four fierce large dogs in the yard. Building codes specify the construction techniques and standards that must be used in they city or county. If in doubt check with zoning ordinances first!
Zoning Problems
Zoning Overview
Due Diligence
Commercial Leasing
Help! I've Looked Everywhere and Still Cannot Find an Outdoor Billboard Location to Lease
At Last! Find An Outdoor Billboard Location To Lease
Home-based Business Idea: Dog Breeder
Start Your Home-Based Baking Business!
Checklist for Home Based Business Start-Up
Serious No No's for Homeschooling Parents - Part Four of Four Part Series
Home Based Business - Meeting the Legal Requirements
Renting A Room In Your House. Good Idea?
LOCATION LOCATION LOCATION
Out of the corner of your eye
Do I Really Need A Business License and Tax ID
Steps For Starting A Small Business
Buying an existing self-storage facility
Its Not All About Location Location Location
10 Points to Make Home Offices Work
Business Plans 101: Part 1
Article Tags: Real Estate, Real Estate Zoning Ordinance, Real Estate Zoning Ordinance, Real Estate Zoning Ordinances, restricted by zoning ordinance, restricted by zoning ordinances, Zoning Ordinances
|
About the Author: Gary Cooper RSS for Gary's articles - Visit Gary's website Click here to visit Gary's website   Are Online Entrepreneurs Today Like Entrepreneurs of The Past Calculating Probability in Your Business Success How To Improve Your Credit Rating For Buying Real Estate Creating Success By Consistent Core Desire How To Overcome Procrastination |
Related Forum Posts
Share this article with your friends. Fund someone's dream.
Leave a comment below or share on the left and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.
by: Canada Mortgage, Mortgage Canada Rates
Best Automated Forex Trading Strategy
Build Your List with Joint Venture Giveaway Events
May 2012 Top 100 Social Media Experts to Follow on Twitter
What to measure to be phenomenally successful in business
10 mistakes of media relations
Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!
Leading with Discernment
9 tips to increase ROI in PPC Campaigns
Resolving A Conflict Between Two Sales Staffs
Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.