What is Land Zoning Law?

Land Zoning Law

What is Land Zoning Law?Land use and zoning law refer to the area of law that establishes how a landowner can use their land. Land use and zoning law pertain to the creation, application, and challenges involved in land use laws. 

Government agencies create laws that limit what landowners can do with their real property.  

The laws may govern how landowners can undertake property development, what kinds of activities they can do with their property or both. 

Land use and zoning law is the limitation on a private landowner’s property use presumably for the benefit of the public. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Zoning laws determine how property use is divided into commercial, residential, and industrial uses

Land use and zoning laws use restrictions to tell property owners what they may do with their real property. In general, they divide the land into commercial, residential, and industrial uses. 

Usually, there are several mixed categories or subdivisions within these three primary categories. 

For instance, a residential category may include a subdivision for high-density housing. Another category for houses may require large lots and setbacks from the road. Low-density residential zones may place restrictions on property rental terms or home businesses.  

Residential zones and commercial zones may combine for mixed use including residential units and storefronts. There may be different categories for transient lodging such as dormitories or hotels. Each government body can determine how to restrict land use and categorize zoning.

Many land use and zoning laws occur at the local level

The power to create land use restrictions and zoning law comes from the police powers of every state. The federal government has been given only limited powers by the US Constitution. 

The powers that are not given to the federal government fall under the purview of the states. Every state has the power to create and enforce laws as they see fit.In turn, most states delegate zoning and land use powers to local governments. They consider that local governments are best placed to manage their own issues. Therefore, most zoning and land use laws are created at a municipal level. 

Land use and zoning lawyers usually become quite familiar with local laws and regulations. As the laws are local, there is usually not a significant level of case law interpreting any given regulation. Lawyers must rely on the straightforward language of the zoning law or published interpretation of similar laws to develop arguments for their clients.

Modern zoning challenges and home share laws

A modern and controversial issue surrounding land use restrictions is online home-rental services such as HomeAway and Airbnb. These sites make online promotion easier, and millions of property owners around the work have started to rent out their properties.

Some property owners offer a room or space in the home that they occupy for rent. Other owners rent out a complete property to a short-term renter. Many rentals violate local zoning restrictions that disallow short-term rentals. 

Due to the fact that online home-rental sites make it more convenient to market short-term rentals than ever before, many individuals believe that ordinances prohibiting the behavior are obsolete. 

Others consider that zoning ordinances restricting short-term rentals are as important as ever and that they should be enforced vigorously. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

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