Land use and zoning laws are important to real estate developers, builders and businesses. Understanding how to comply with them facilitates your development projects or tells you when your project does not comply with existing laws and why you then need to seek certain permits, such as variances or special use permits. Business zoning and property zoning laws are established by city and county planning departments who will designate certain areas as either “residential” or “commercial.”

Although there is no national code of zoning laws, you should know where to find the zoning regulations governing the areas where you have focused your commercial development plans. The laws themselves may vary by each municipality, but the general procedure you should follow remains essentially the same:

1. Access the local zoning ordinances applicable to your development plans.

2. Contact a town’s planning department for assistance with zoning regs. and to obtain the required paperwork.

3. Retain real estate attorneys for advice on specific zoning rules and appeals of adverse zoning decisions.

Action Steps
The best contacts and resources to help you get it done

Get up to date zoning ordinances that are available online

These ordinances will identify the dates they became effective. You can usually download and print these off the Internet.

I recommend: City of Rock Hill, SC has zoning, approvals and appeals pages similar to what you’ll find on most town websites under the development services or zoning categories. The City of Robbinsdale Zoning Ordinance in Minnesota and the City of Valdosta Zoning Ordinance in Georgia are other good examples. These pages usually explain how to apply for rezoning of an area where development may seem to be prohibited. They will also explain how to get site plan approval.

Contact a planning department in your town for personal assistance with property zoning

Take advantages of services available to your business when you need help understanding how a town's zoning regulations apply or need help completing a land use application.

I recommend: Most town and city websites provide contact information for officials within that town’s planning department, much like the For General Land Development Information & Zoning Questions through the Riverside County Planning Department website. Town personnel will sometimes offer assistance in completing forms and applications like those found online at the Jackson County website. If you run into questions, look over your town’s website for a contact form like the one offered by the Metropolitan Government of Nashville and Davidson County, Tennessee.

Seek professional help with zoning regulations from a real estate attorney

Many firms specialize in land use and zoning. This means they will assist you in filing all of the necessary paperwork to seek variances or special permits and they can represent you in appealing adverse opinions from a zoning regulations administrative board.

I recommend: Land use and zoning attorneys at Pitman, Mindas, Grossman, Lee, Bross & Moore help clients surpass legal barriers to commercial development projects. The attorneys at Robert Aronov & Associates have extensive commercial real estate transactions, including the review of local business zoning laws and appeals from unfavorable decisions by planning boards.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  You can confirm any advice given to you about zoning regs. by a planning department employee in a law library, which contains the municipal codes in the geographic area where you plan to develop.

When you're looking for a location to set up shop, keep local zoning ordinances in mind. Whether you're hoping to operate a business from your home, or you're in the hunt for a commercial site, zoning regulations play an important role in your decision. Launching a business that doesn't comply with local regulations can be disastrous — especially if you've signed a long-term lease, spent money on lease improvements and shelled out cash for business cards, brochures and letterhead pre-printed with the address.

Likewise, it's important to pay attention to zoning laws when expanding an existing business. Changing the products or services offered can lead to non-compliance with zoning laws.

Zoning laws typically divide land usage into three categories:

1. Residential
2. Commercial
3. Industrial

Action Steps
The best contacts and resources to help you get it done

Check zoning for home-based businesses

In many areas, you can operate a business out of your home as long as your home is still used primarily for a residence and the business is non-polluting and doesn't negatively impact your neighbors.

I recommend: See how zoning and planning boards and regulations work at LegalMatch.com. Ask questions about home-based business zoning laws at FreeAdvice.com.

Check commercial and industrial zoning laws

Every local municipality has its own zoning ordinances concerning commercial and industrial land use. Get familiar with your local laws before setting up shop or expanding your business.

I recommend: Find state, county, municipal and local land use and zoning law sites at MegaLaw.com.

Seek community support

If you discover that you're located in an area that isn't properly zoned for your type of business, seek community support for your business. If you can convince zoning and planning boards that your business is indispensable to the community, you may be allowed to stay in your current location.

I recommend: Enlist the assistance of your local Chamber of Commerce to rally support. Ask customers to sign a petition in your favor and present it to your zoning board.

Consider seeking a variance or conditional use permit

If your business doesn't conform completely to existing zoning laws, you can seek a variance or conditional-use permit by going before the planning or zoning board. Your chances are better if you hire a lawyer who handles zoning matters and knows the regulations and boards in your community.

I recommend: Search for a lawyer in your area who specializes in land usage and zoning laws at Lawyers.com.

Seek a zoning change

When all else fails, consider petitioning for a zoning change. It's an uphill battle, but it may be worth it if you believe you can generate sufficient income from your business.

I recommend: The Home-Based Business Council provides a sample ordinance.

Keep your neighbors happy

If you're running a home-based business, you can avoid running into trouble with the zoning board by being considerate of your neighbors. Keep traffic to your home business to a minimum by scheduling meetings off-site and dropping off packages rather than scheduling pick-ups from shipping companies. It's also best to get your business mail through a commercial service and to store inventory off-site.

I recommend: Click to find a local Mailboxes Etc. or MailboxIT site. Find a self-storage operation at SelfStorage.org. Locate the UPS store nearest you.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  If new zoning laws are enacted in your area, and your business no longer conforms to them, you can't be forced to relocate or make changes to your operation.
• •  If in doubt about how zoning or planning officials will treat your business, check with your local Chamber of Commerce.
• •  If you are setting up a home business, research whether zoning ordinances allow you to have employees at your home.