Land Use Controls
Real Estate Zoning Explained for Exam Students
Zoning divides land into districts with specific permitted uses. The exam tests zoning types, variances, non-conforming uses, and how zoning interacts with private deed restrictions.
What Is Zoning?
Zoning is a government power (police power) to regulate land use by dividing a municipality into districts (zones) and specifying the permitted uses, building heights, setbacks, density, and other standards for each zone.
Zoning ordinances are enacted by local governments. They are the primary tool used to separate incompatible land uses — keeping industrial facilities away from residential neighborhoods. Both zoning and deed restrictions can apply to the same property; the more restrictive governs.
Zoning Terms for the Exam
Variance
An exception to the zoning ordinance granted to a specific property owner. Two types: use variance (permits a use not otherwise allowed) and area/dimensional variance (permits deviation from setback, height, or lot size requirements). Requires proving hardship.
Conditional Use Permit (CUP)
Also called a special use permit. Allows a use that is not permitted by right but may be allowed with conditions (e.g., a church in a residential zone). Requires a hearing and approval.
Non-Conforming Use
A use that was legal when established but no longer conforms to current zoning. Generally 'grandfathered' and allowed to continue, but cannot be expanded.
Spot Zoning
Zoning a small parcel differently from surrounding parcels to benefit a specific owner. Often struck down by courts as illegal if inconsistent with the comprehensive plan.
Bulk Zoning
Controls density and intensity of use through setbacks, building heights, lot coverage, and floor area ratios.
Downzoning
Rezoning a parcel to a less intensive use (e.g., from commercial to residential). May reduce property value and could be considered a regulatory taking requiring compensation.
Zoning FAQ for the Exam
What is the difference between a variance and a conditional use permit?
A variance excuses a property from a standard requirement (typically dimensional) based on hardship. A conditional use permit allows a specific use not permitted by right but considered compatible when proper conditions are met.
What is a buffer zone?
A strip of land separating incompatible uses — for example, a landscaped strip between an industrial facility and a residential neighborhood.
Can private deed restrictions be more restrictive than zoning?
Yes. Both zoning and deed restrictions (CC&Rs) can apply simultaneously. The more restrictive standard governs.