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Commercial Real Estate - Zoning
Glossary of Terms


Glossary of Terms


-Buffer Zoning- The process of buffer zoning, which is utilized quite frequently by both government and private developers, involves setting aside a portion of land, to be used as a park or simply for grass and trees, in order to separate a single family residential zone from apartment complexes. 
 
-Conditional Use- Conditional use permits allow use and development of property that is not permitted by the zoning laws; typically, they are granted only following a public hearing in which it needs to be found that the proposed use/development fits within the goals of the municipality’s plan for expansion and is also necessary for public interest. An example of this could be allowing a day-care center in an area zoned only for residential development. 
 
-Contract Zoning- Though not permitted in all areas, some municipalities allow a property owner to enter into a contract with the local government in order to rezone particular portions of land. The owner, of course, must agree to abide by any restrictions on use that the government determines. Usually, the terms of this agreement are only valid for the land owner involved in the contract, and not for owners of similar properties. 
 
-Down Zoning- This is the process of rezoning land so that the future development will be less dense; this is commonly done in order to more strictly guide the development of an area, and to prevent urban sprawl. An example of this would be to allow single-family homes while prohibiting high-rise and low-rise apartments; another would be allowing retail development but not allowing industrial use. 
 
-Easement- This is the granting of permission to another person or entity to use your property for some understood purpose. The most frequent easements are those that allow utility or phone companies to run their lines on or under a property. 
 
-Esthetic Zoning- This involves zoning laws that are based around what is considered attractive and visually appealing; more and more municipalities are adopting and expanding laws of this nature. Esthetic zoning laws regulate what is acceptable and unacceptable with regard to landscaping designs, choices of colors for a building, mailboxes, fencing, solar panels, decks and stoops, satellite dishes, the materials that can be used, roof designs, and other details of construction. Consequently, these laws usually require an architectural review of building plans before they can begin.   
 
-Non-conforming Use- These are also called “grandfathered” uses; they refer to a use of land that, while it violates current zoning laws, is acceptable because it was built before the laws were passed. An example would be an old mom-and-pop restaurant that has parking for 20 while the law requires parking for more. The municipality cannot fine, impede, or end the operation of the restaurant for violating zoning laws. The status of “non-conforming use,” however, can be lost, for example, in cases where the use of the property changed, it suspended operations, or stopped operating altogether. 
 
-Permitted Uses- While the results appear to be the same, “permitted uses” differ from variances or zone changes, because they are already found in the law; that is, they are legitimate exceptions to the law and consequently do not require additional court proceedings. A permitted use of a zoning category makes room for a development of the land that would normally violate the restrictions of the category. For example, it may be the case that a large zone for single family housing has an exception for day care centers, parks, and/or schools, making these permitted uses.  
 
-“Right of Way”- Finding its roots in the common law tradition, this is a form of easement which provides others with the right to travel on, reasonably use, and enjoy your property, provided that none of these things infringe upon your own right to use and enjoy the property. 
 
-Special Use Permits- Some zoning laws do not explicitly allow certain uses of property. These are termed, “special uses,” and include such developments as hospitals, cemeteries, schools, funeral homes, etc). These developments are then only allowed in the particular zoning area if a special use permit is obtained, along, or course, with the permission of the zoning authority.
 
-Spot Zoning- This is when a small unit of land or properties is differentiated from those around it and zone for a use unlike those around it. A basic example of this could be allowing a park in a residential zone, because its purpose fits the municipality’s plan for expansion and it serves the needs of the residents. Spot zoning has been, in some locales, determined to be illegal because it violated existing laws or plans for expansion. The determination of if an exception is acceptable or not is often predicated upon the predominant public opinion, the effects of the exception on existing structures and uses of property, and additional possibly implications.
 
-Subdivision- This means dividing a unit of property or separating a piece of land into smaller lots; this is usually done so that the smaller units may be either sold or developed. This typically entails a legal process, which involves informing the public, giving them an opportunity to voice their comments, as well as a court hearing, before the subdivision is approved. 
 
-Variance- Simply put, a variance is when you request the government to allow you to use your land in a manner not allowed by its current zoning requirements. It does not change the law; it simply waves certain requirements of the law in your case. Examples where a variance may be needed include building a pool in your back yard, or an additional to your house in a zone that restricts the size of residential buildings, or accommodations for building on an oddly shaped lot. 
 
-Zoning- These are the laws by which governments, usually municipal, restrict, control, and guide the use and development of the land within their jurisdictions. The three basic categories in to which land is divided are usually residential, commercial, and industrial, each with its own guidelines and restrictions concerning what can be built on it. Furthermore, there are sub-categories; that is, under the broad category of commercial you might find subsets for small stores, shopping centers, gas stations, warehouses etc, each with specific laws pertaining to it. 

 


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Commercial Real Estate Resource Center

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    A guide to understanding Zoning laws and issues.






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    August 29, 2008
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