Quite simply, Zoning shapes an area of land. Zoning determines the size and use of buildings, where they are located and, in large measure, the density of a municipality’s diverse neighborhoods. Along with a municipality’s power to budget, tax, and condemn property, zoning is a key tool for carrying out planning policy.

Many Zoning areas, such as New York City, have two parts: Zoning text and Zoning maps. The text establishes zoning districts and sets forth regulations governing their land use and development. The maps show the locations and boundaries of the zoning districts. Property is zoned into commercial and residential uses, so a commercial building cannot be built in a residential neighborhood and vice versa, unless there is a change in zoning ordinances. Other considerations also come into play such as how you intend to use your facility, the nature of any renovations, and so on.

What do Zoning Laws Involve?

Zoning laws impact several critical decisions such as purchasing property or making improvements to your existing property, so it is important to understand the laws before you commit to anything.

• · Subdivisions and Site Plans- Many commercial and residential developments require subdivision and/or site plan approvals. Projects may range from office parks, shopping centers and mixed use projects involving commercial centers and up to 500 units of housing. Whether the application involves a golf course, an office building or senior housing complex, the basic goal is the same-to present the proper information in a clear manner that complies with the state and local regulations.
• · Variances- The process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development. Both, area variances and use variances each require a different level of proof. Often critical to obtaining approval of a project, a variance can only be obtained if the proper information is presented to a Zoning Board of Appeals.
• · Special Permits- Municipalities often require "special permits" or "special use permits" for specific uses municipalities view as less desirable than other uses permitted as-of-right in a community, such as gasoline stations, car washes and wireless telecommunications facilities.
• · Rezoning- A change in the zoning designation of property raises complex issues of property rights. Such a zoning change often results in a loss of property value. Municipalities contemplating the rezoning of a parcel and the property owners faced with a rezoning must each act to ensure that the process protects property rights and reflects legitimate governmental interests. Property owners may challenge the rezoning of their property when the procedural and substantive requirements have not been followed.
• · “RLUIPA”- The Religious Land Use and Institutionalized Persons Act significantly impacts the ability of municipalities to control the establishment of religious uses through zoning and land use regulations. As a result of this law, any application by a religious organization for a land use approval has the potential to result in a RLUIPA claim.

Contact an Attorney

In New York State, Zoning laws are controlled by the local municipality, such as a city, town, or village. As a result, the laws vary greatly and it is important to work with an attorney familiar with the laws of your municipality. Attorneys work with developers, municipalities and individuals on projects ranging from applications for minor variances to applications for permits, major subdivisions and site plans. Before getting too involved in a zoning issue, consider hiring an experienced attorney to help you through the process and to ensure that there is compliance with the regulatory process.