Comprehend Oversite and Zoning Laws
Real estate ownership involves a balancing act—meeting the needs of individuals and businesses while also considering the greater public good. Governments, legislatures, and committees set zoning laws and oversight to distinguish between different types of lands— commercially, agriculturally, residentially— and how they can be used.
What do these laws mean, and how do they affect buying, renting, or selling real estate? This article explains oversite and zoning laws and their impact on the industry.
What is Oversite?
In the real estate industry, it is important to understand oversite— a type of legal document that members of Council approve or make regarding the land use, recreation, housing, allocation of resources, health, and safety of a specific area.
These decisions will affect activities within the area, such as construction, land use, recreation, and more. So, oversite is valuable when it comes to legally defining the boundaries of a certain area and zoning also necessary in determining which laws apply within it.
In certain cases, oversite documents may also be used to determine a program or service, such as a publicly funded urban renewal project, or a building that serves a specific purpose.
In many cases, oversite documents will be available for review prior to purchase by potential buyers. These documents are typically kept in the county clerk’s office, and the county assessor or zoning board may have additional information about the specific area.
What is Zoning?
Real estate zoning is the division of a local jurisdiction into areas for different uses or activities. These designations determine what can be built and are used to regulate land use and development.
Zoning also sets the standards for plot size, building restrictions, and what activities are appropriate for each area.
Real estate zoning laws are enacted by local government, such as city councils, state legislatures, and county committees. Each jurisdiction will have its own set of laws and rules, though they are typically reviewed and revised regularly.
Zoning laws usually fall under one of four categories: residential, commercial, industrial, and agricultural.
Residential Zones
Residential zones are designed for the housing of people. These areas include single-family homes, apartment buildings, townhouses, and other dwellings.
When purchasing a home, potential buyers must ensure that their purchase fits the zoning requirements for their jurisdiction. They must also be conscious of any deed restrictions on the property that may further limit what can or cannot be done with it.
Commercial Zones
Commercial zones are for places of business, including office buildings, factories, and shopping complexes. These zones may also include restaurants, banks, and other retail businesses.
When planning to purchase a commercial property, potential buyers must ensure that the zoning regulations applicable to their jurisdiction will allow the type of business they intend to operate. Commercial properties may also have deed restrictions that further limit the use of the property.
Industrial Zones
Industrial zones are for factories, warehouses, and other buildings used for production. These zones often have their own special regulations to control factors such as noise, emissions, and healthcare.
When purchasing an industrial property, potential buyers must ensure that the property meets all zoning codes and deed restrictions in their particular jurisdiction.
Agricultural Zones
Agricultural zones are for land used for farming or ranching. These zones may include orchards, vineyards, and dairy farms, among others.
When purchasing an agricultural property, potential buyers must ensure that their purchase meets the zoning requirements in their jurisdiction.
What is a Use Permit?
A use permit is a document that allows someone to conduct a specific activity in a particular area. It must be obtained from the local government, and it must comply with both the oversite and zoning regulations for the area.
For example, if you wanted to construct a house on land zoned for commercial use, you would need to obtain a use permit to make it a residential property.
Oversite and zoning laws are essential pieces of the real estate puzzle, as they determine how land can be used and developed. Zoning is a way for local governments to determine which uses are appropriate in certain areas, while oversite documents further clarify how certain activities will be conducted.
When purchasing a property, it is important to understand the rules and regulations that come with it and adhere to them. This will ensure that your investment is a smart one and that your activities are lawful.
