Permitted Uses in Zoning Codes

Introduction

Zoning codes are regulations that govern the use of land and buildings in a specific area. They divide land into different zones, each with its own set of allowed uses. Some uses are automatically allowed in all zones, while others require a special permit or variance. In this article, we will discuss which uses are automatically allowed by the zoning code.

Automatically Allowed Uses

The following uses are typically automatically allowed in all zones:

• Single-family homes
• Multi-family homes
• ChurchesLibraries
• Schools
• Parks
• Cemeteries
• Farms

However, it is important to note that some zoning codes may have additional restrictions on these uses. For example, some zoning codes may limit the number of units that can be built in a multi-family home, or they may require that churches obtain a special permit before they can be built.

Conditional Uses

In addition to the automatically allowed uses, zoning codes also typically include a list of conditional uses. Conditional uses are uses that are allowed in certain zones with a special permit. The decision of whether or not to grant a special permit is typically made by the planning commission or zoning board.

Some examples of conditional uses include:

• Group homes
• Nursing homesAssisted living facilities
• Childcare centers
• Businesses
• Industrial uses

The criteria for granting a special permit vary from zoning code to zoning code. However, some of the factors that are typically considered include:

• The compatibility of the proposed use with the surrounding area
• The potential impact of the proposed use on traffic, noise, and other environmental factors
• The adequacy of the proposed site for the proposed use

Variances

In some cases, a landowner may be able to obtain a variance from the zoning code. A variance is a permission to use land in a way that is not allowed by the zoning code. Variances are typically granted only in cases where there is a hardship that would prevent the landowner from using the land in a conforming way.

Some examples of hardships that may qualify for a variance include:

• The land is not suitable for any of the uses that are allowed in the zone
• The zoning code has changed since the landowner purchased the land
• The landowner has a unique hardship that would prevent them from using the land in a conforming way

The decision of whether or not to grant a variance is typically made by the zoning board of appeals.

Conclusion

Zoning codes are an important tool for managing land use and development. They help to ensure that land is used in a way that is compatible with the surrounding area and that is consistent with the community’s goals. However, it is important to remember that zoning codes are not always black and white. There are often gray areas where it is not clear whether or not a particular use is allowed. In these cases, it is important to consult with a qualified land use attorney to get help.

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