WHAT IS ZONING AND WHY IS IT IMPORTANT TO YOUR REAL ESTATE-by Paul Kuhn, Esq.

“It’s my property, why can’t I use it anyway I see fit?” That’s a completely understandable attitude when it comes to private property rights in the United States. After all, we have a long history of protecting private property rights in American jurisprudence. But while one you may own your real estate, and the “bundle of rights” that go with it, one’s use of the property may be limited both at common law (think “nuisance” and “trespass”), and by state and local statutes, or zoning ordinances. One’s right to “quiet use and enjoyment” of one’s real property, is oftentimes balanced against one’s neighbors right to quiet use and enjoyment, and the state’s right to regulate to protect the health, safety and welfare of it citizenry. While you may own your real estate, your use of the property may be limited depending on zoning ordinances. Let’s begin with “how do you determine what your zoning is” and “what does that mean to you as an owner”.

First of all, the only place to find out exactly what the zoning is on a particular property is with the zoning officer and zoning office in your municipality. One of the mistakes that is often made is to rely on what the zoning is listed on what is often called “the field card” which is housed in the Tax Assessor’s office. The reason you should not rely on this information, even though it too is in the office of your municipality, is that zoning ordinances do change and they may or may not be reflected on the “field card”. So, make sure to get a zoning confirmation from the Zoning office. For a small fee, you may also get a “Zoning Certificate” from the zoning office documenting exactly what the zoning is for that specific property as of a particular date. Like it or not, the right for a municipality to issue zoning ordinances has been upheld by cases going all the way to the Supreme Court.

So, why is zoning such a big deal? Well, zoning laws come into play whenever an owner desires to make improvements to the property. Knowledge of what you can and cannot do can quickly alter your plans. Some of the restrictions and rules that may affect what you want to do to and with your property can include; building height and overall size, how close you can build to your property lines, how much of the property can you cover with improvements, what type of activities may take place on the property, etc. If dealing with raw land the very ability to build and the minimum lot sizes and frontage requirements can determine whether you may even be able to build on a property.

Another important aspect of zoning is “what exactly can you do and cannot do to and with a certain property”. To determine this, your municipality will have a “classification table” that will list whether something is “Y” allowed by right, “N” Not allowed (would need a variance) and “S” may be available by Special Use Permit.

As I have said, zoning can be simple…or it may be complex based on the community and your goals and aspirations for your property. If you are buying any real estate make sure you have determined exactly the zoning on the property and reviewed the “classification table” to determine what you can and cannot do. Feel free to call my office for help in determining the zoning on property that you own and want to improve or property that you are considering purchase. Better safe than SORRY!

STAY TUNED NEXT MONTH AS WE TALK ABOUT “ZONING VARIANCES, CHANGES IN ZONING AND GRANDFATHERING”.

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