
The word Zoning is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another. Zoning may be use-based (regulating the uses to which land may be put), or it may regulate building height, lot coverage, and similar characteristics, or some combination of these.
-Wikipedia
Keep in mind each market has its own set of standards and information should be checked with your local government planner. Here are a few of the most common we've seen:
To do the math in most places, it only takes a few steps. The zoning code tells you the ratio. You multiply the ratio by the lot size to see the maximum building allowed for that lot using this particular criteria. This is stressed because zoning is all about checks and balances. Just because the FAR allows for a 4,000 square foot building, it doesn't mean that will work out given the other rules that it has to meet.
As a general rule of thumb, the FAR gives a total overall building size but may excludes some space such as garages, attics and basements. In some places, the zoning code doesn't specify a FAR but only uses a coverage ratio. A lot coverage ratio only takes into consideration the ground floor, sometimes referred to as a footprint.
The idea behind this rule is to give a block or street continuity. Have you ever looked down a street and seen a row of two-story homes and then what appears to be a mini-skyscraper jumps out of the landscape? While this may only be an 8-story apartment building, relative to the other buildings it looks out of proportion.
When it comes to how a building is measured, the following may apply: in hilly places the lot's elevation may be a factor, usually chimneys aren't counted, and the steepest part a roof is used. Building height can block views and sunlight - some codes protect them while others don't.
Tips: If you don't know the city, be sure to check the location on a search engine to grasp the area (or quadrant).
GIS stands for Geographical Information Systems and is a program that allows communities to store their infrastructure data digitally, this includes zoning.
Tips: Turn off options that may slow down the search. Read the instructions carefully as many services don't recognize abbreviated street names.
This link takes you to a website which gathered the links for the country's top real estate markets so that you can surf and find what you are looking for. http://www.crenex.com/zoningmaps.php
Some of the biggest issues start with people not paying attention to the zoning directly around them before making a commitment to a location and assuming what is there now will stay that way indefinitely. Changes do happen - small homes get additions, older properties may get renovated, vacant lots become improved etc. - and knowing what kinds of changes may be permissible because of the zoning can be a big plus to assessing a location.
The next common issue for the zoning novice is not knowing what it means if a property doesn't conform to the zoning regulations. Zonability tries to help you get a grasp on zoning for a property and provides a partial list the restrictions (such as minimum lot size, maximum height etc.). When it comes to conforming or not, it only takes one of the restrictions to be off. In that case, a professional planner will likely say the property is a legal, non-conforming property or may use the term "grandfathered". It is legal if the lot was legally created, the building constructed with legal permits etc. It is non-conforming because it doesn't meet the current code rules. In general, a grandfathered property is fine with the zoning regulations until a change is proposed then it is time (from the planner's perspective) to address the deficiencies as to why the property doesn't meet the code.
The third common issue is failing to understand the consequences of a property being legal, non-conforming. The easiest one to discuss has to do with altering the property whether it is a remodel, add-on or change of use. Additional time and money should be budgeted to gain approvals. This varies by jurisdiction and by the proposed changes but it is often times a surprise to property owners (and renters for businesses namely) to learn how zoning impacts them. There are tools available to use to deal with non-conforming properties these include asking for a variance, or exception to the rules. Variances are looked at hard because they can set a precedent and are based on the notion of hardship meaning, getting a property to the zoning rules would be nearly impossible to do. An example of this might be a property without parking, assuming parking is a restriction that has to be provided for conformity. There are properties, especially in parts of San Francisco, for example, that are accessible only by foot path. Clearly, they are not candidates for adding a garage. However, these homes still need to get permission to do work. For these homeowners, they need to plan on getting a variance in order to obtain permission to do XYZ work (XYZ could be: add a deck, convert the attic to an office, build a 2nd unit etc).
If not, ask them to tell you why (is it because of the lot size? the building size?)
Specifically inquire about special overlays, these may include historic districts.
Make sure you understand the zoning immediately around the property and in the neighborhood.
Once you have an understanding about zoning, see if the zoning matches your needs. Examples: If you plan to add a room, make sure the zoning supports this. If you plan to rent a space to run your building, be sure to the zoning allows for the business use. If a home business is in your plan, be sure your zoning allows it especially if this business requires having employees or visitors.
Here is a sample letter for your convenience.
Dear Planner:
I'm contacting you (add date) to get information on the zoning for the following property:
(give the street address, a parcel number - if possible).
• I'm may be (buying, renting, remodeling, doing more research on it or starting a new business there).
• Here are my questions:
Can you please provide (or confirm) the zoning?
Is it located in an area with any overlay(s), special district or Redevelopment Area?
Does the property have historic status?
What are the rules for the property to be re-built if destroyed?
Do any of the adjacent properties have zoning that is in conflict with the property?
• Please contact me at (email, telephone number)
Thank you,
(your name)
What does a zoning code look like?
Sample of layers of zoning information
What a code looks like
a) self published
b) codified
DIY options
Contact information
Cut/paste message
Top 10 Reasons to Know Zoning
Buying
Renting
Starting a business
Investing
Remodeling
Going green
Working on historic preservation
Changing a property's use
Selling
Insuring
- Buyers face long checklists of "things to consider" before buying - be sure Zoning is included. If you don't know and understand the property's zoning, you don't really know the property. Zoning is the set of rules for the property telling you how big it can be or even telling you if it is already too large or its front yard a conformity problem. Zoning also gets into the uses. Residential isn't descriptive enough. What kind of residential is what you want to know before you buy!
Consider zoning right up there with school districts and convenience to everyday living needs. Does the zoning work for your objectives? For instance...
Does the property have the garage you want?
f not you might want to add on and zoning will become part of your vocabulary. Remember that in many jurisdictions, parking is one of these criteria they use to judge if a property conforms or not. For a property that lacks parking, making this one change could mean the property now conforms the zoning regulations. Bravo! This is good for the municipality and likely has a financial benefit to the property when it comes to sell - plus you'll get to use the garage while you live there. Of the various parts of zoning to start to learn, we suggest you look at setbacks and lot coverage. This will help you understand where this new garage might be able to be built on the property. me not included in the rules for how many square feet are allowed for a lot - think of it as an "extra perk". Municipalities like for cars to not be parked on the street.
If the property is "perfect" as it is for your needs, does zoning matter?
emember while you may be a buyer, someday you will be a seller and knowing if your property conforms to the current zoning rules should give you an added peace of mind. While the rules may change over the years you own the property, staying current with proposed zoning changes should provide you the opportunity to fight any impact to your property. Alternatively, you could alter your property to conform prior to selling.
- Renting may seem less of a commitment than buying so how could zoning be a consideration? Well, do you want to run a home business? Will you care if the property next door can be used for something other than what you see now? Maybe as important, why not get to know your community by checking out its zoning? You may even want to get involved as a volunteer in one of the many organizations that have to do with zoning such as Neighborhood Associations.
As a renter, how does zoning factor into the decision making process?
ith the number of home businesses increasing, the need to check if the local zoning will allow for your business is an important step as some restrict having an employee or visitors. Do you see potential redevelopment around the area that could mean a construction zone atmosphere? Whether renting or owning, getting to know your community is part of the fun of moving. The zoning dictates what uses can be near your residence.
What does a Neighborhood Association do?
ften times a Neighborhood Association will get created to rally around an issue, whether that is a proposed new development or a change in zoning. These are open for anyone - not just owners - as a representation of an area. These groups are often effective at promoting for or fighting changes to their neighborhood from the grocery store wanting to get a location to a park being made exclusively for dogs.
Is the unit I plan to rent legal?
oning controls what uses are ok for a location which for dwellings - also known as apartments, unit, houses - specifies the type, i.e. house, duplex, triplex, four-plex, apartment building. If your suspect the place for rent is not a true unit, before committing to it email a planner and check the use on record. They may need to direct you to another department as some jurisdictions keep records separate.
As a renter, do I get notification like a property owner?
he local rules for notification will specify who is to get notified, how and for what kinds of proposed projects. The "who" can means "residents" which would include renters and takes into consideration the distance between a proposed project and which residents get notified. Notification can be delivered by mail, a posting in front of the property where the proposed changes are planned or both. As far as the kind of projects that warrant notification, this is truly local. In some places it means only major additions and new construction while in others, it can included adding a deck.
- Starting a business requires discipline, juggling and tenacity, it isn't easy. So, the last thing you want to do is find a great spot to open an office, shop or auto garage only to find out the zoning doesn't work for your business. Guess what? This kind of thing does happen.
Business licenses and zoning - what is the connection?
here are examples of leases getting signed, furniture ordered, all plans 'green' light that grind to a halt because zoning wasn't checked. Oh, this is good to know, many municipalities use their treasury or other department to issues what are called business licenses, tax certificates or something like that and they don't alway check the zoning. This twist will be painful for you, the business owner, because in the end, if the business doesn't meet the zoning code and a variance can't be obtained, your business has to move.
What if the zoning doesn't include a 'hybrid' use?
here are creative uses in the market today that combine a service and store selling merchandise, think of a nail salon with clothing or a wine shop with housewares. The local zoning code may not match the use you have in mind and so a planner will have to do some research to decide how to categorize is. This could mean they look at the allocation of the space - what percentage will be used for a "personal service use" vs. "sales of goods"?
If the location is perfect the building was designed for another use does that automatically preclude other uses?
et's assume there is a former welding shop with great "bones" such as exposed brick walls and timber beams and it just happens to be in an area that is lacking a coffee shop, something you'd like to open to serve the nearby businesses sprouting up. Just because the building was used for essentially an industrial use doesn't mean it can't be repurposed. The zoning may allow for certain sized cafes in a primarily industrial area. Expect some modifications may be required such as adding windows, meeting ADA standards, and fire and safety codes. Parking also becomes an issue as the local zoning codes typically have lower ratios of parking for industrial uses than for higher traffic businesses.
- Investing in real estate is a way to learn first hand the in and outs of zoning since the premise of investing is to find a place for capital to grow. In real estate this means finding a property that can attract tenants and/or be changed to attract a buyer. By change this could mean physically changing the property but it could also mean getting the approvals to allow for changes. This section discusses zoning issues for residential, commercial and mixed-use properties.
How does zoning impact a property's value when it is already built on?
he savvy investors may buy the duplex for the "cash flow" but chances are they also checked the zoning. While what they "see" is a two-unit building, what they may "foresee" is a larger apartment house. It is entirely possible a property has higher octane zoning than what the current improvements reflect. The savvy buyer can let the tenants help pay the mortgage and opt to start obtaining the necessary approvals to eventually building a larger building.
What is an example of a costly zoning mistake for an investor to avoid?
ot checking the zoning and finding out at the time of the appraisal that it is a mis-match meaning the current use is an anomaly; it isn't allowed by the zoning. Zoning mis-matches and financing can be an expensive mistake only because so much time and effort may have already been spent leading up to that moment of "oh no...this isn't going to appraise as expected". The bottom line is that what you see may not be what the lot is zoned for so do your homework early.
Where this happens: This is more typical of a converted house to a commercial use located in a more residential area. It could very well have a special use permit to operate as a business and these need to be maintained or the right to use the property in that manner ends. Once a special use permit expires, there is no guarantee of getting it back and then the property's valuation is based on either lot value or the need to retrofit the building to a use that is approved by the zoning - either way it takes time and money.
Examples of bonuses: In some cases, like apartment buildings or even a house, doing your homework on zoning may lead to your discovering that what is seen today could never get built given the current zoning. Common property types and situations involve apartment buildings with more units than what would be allowed today and single-family houses with detached second units. If there were legally built, these are examples of 'grandfathered' uses which is also sometimes called a legal, non-conforming use.
From an investment perspective, the property has more units to rent which should translate to more revenue. Be careful on insuring such properties. Knowing if the building (or buildings) could get rebuilt in the event of a disaster is something you and often times your lender will want to know.
A property listed for sale says something about a special use permit, what does this mean?
t means at some point the local jurisdiction said "yes" to a something that normally would have been a "no". The result is there is an option to keep this use in place (what they said "yes" to) as long as the permit is treated with care and this means following the rules from renewing it timely, paying the fees, and maintaining any condition associated with that permission which could be providing parking or closing by a certain hour.
- Remodeling is a process and learning a few things about zoning should make it a better experience for yourself, your architect and contractor. Zoning can get very technical so depending upon your interest as well as the complexity of your planned remodeling project, you may get very involved in how one element influences another.
How it works: While this varies by city and county, most local jurisdictions start any inquiry about a potential remodel by first checking zoning to see if the property is currently compliant or not with its development standards regulations (remember these are simply the criteria a zoning code requires). The planner should be able to let you know if your overall plan is doable or not but will likely, depending on the jurisdiction, explain that public notification is required.
The feedback from the process of public notification can alter a proposed remodeling plan. This is why in many places, a planner can't say the comforting words, "no problem." One way to get a sense of what people may think is to talk to both neighborhood associations and your direct neighbors.
Maximizing value: Some owner's view a property as an investment and think about "maximizing" its value. While on the subject of value, keep in mind this may, or may not, mean adding square footage which clearly hones in on zoning. It could be a change of use, adding a unit for example or merging two units. While it may not seem obvious that zoning has a role in either of those examples, it does. Zoning is the set of rules that says what can or can't be done with a property as per the threshold levels set for a jurisdiction.
- Going "green" varies by jurisdiction. Some cities and counties are adopting "green ordinances" which work as an overlay to existing rules, meaning they have greater power. Here are a few simple things to know:
Just because there is a green ordinance, it doesn't mean it applies to all properties and all activities.
A green ordinance is an additional layer of restrictions intended to make homes and buildings more energy efficient.
Reports such as energy reports measuring how the existing home or building operates or performs may be required.
Green zoning at work: A green ordinance sets the parameters of what projects qualify. In some markets, this can be "commercial", "new construction" and/or "extensive remodels". Some use a size threshold and if a property is above that size, they automatically requires going through the green remodel. In other markets, they use this as an option to entice property owners promising them faster service. From paint type, to lighting fixtures, insulation type and window size, the "green" touches may get weaved into the zoning ordinance, setting the expectation for the municipality.
- Historic preservation is an on-going process in most communities in which a commission outlines which properties - either individually or in a neighborhood - are labeled in need of preservation. When it comes to zoning issues, often times such historic properties do not meet the current code and are granted exemptions for compliance.
It is good to know how your jurisdiction qualifies what properties or property types need preservation. For one thing, it may help you get to know the community a bit more and understand what it values and why. On the other hand, it may also help you in terms of looking a potential properties if you are interested in buying.
How Preservation Works: When it comes to preservation, changes are limited especially to the exterior. Further, there are additional charges required to review an application, which may include a hearing by the Preservation Commission (or its equivalent) so be prepared. Focusing on historic properties, there are often different levels of protection. If a property owner's historically significant property is in need of a remodel, some "hardship" allowance may apply so don't be afraid to ask.
In some jurisdictions, such as San Francisco, any property over a certain age qualifies as a historic resource which is a form of historic preservation. In other markets, a property type such as a ranch style house or Eichler home are automatically listed as historic. Some communities have books and areas in their city hall dedicated to showing off historic properties. Don't think commercial properties are excluded. There are former factories converted to housing often times restoring the facade and essentially creating a new building behind it.
- Changing a property's use is one of the most useful times to really understand zoning in terms of its rules and the process to either re-zone a property or apply for a conditional use permit. Re-zoning a property is a more extensive, and permanent change, in comparison to asking for a conditional use permit which is considered temporary, meaning there are opportunities for the jurisdiction to reverse their decision essentially saying 'no.'
Rezoning at work: A house converted into a duplex, a former house converted into a boarding house and then converted back into a single-family home.
The process: With money, planning, even more money and time as well as strong community support (in most places). All rezoning and conditional use permits in places like San Francisco require public notification and public hearings. For high profile properties, the city council may even weigh in. Take some time to understand the area's hot button issues before undertaking a rezoning effort. For instance, in cities that are short on housing, asking to merge two units or rezone a house to a commercial use may not be popular.
- Selling a property take hard work and while there is a focus on pricing, far too often the issue of zoning gets overlooked because people see "R" something and assume all "Residential" zoning is the same. As Zonability shows, that is far from the case. There are differences and using "comps" without knowing their zoning is limiting how to look at the competitive marketplace. While real estate sites and agents may focus on how a property looks, there are buyers focused on the facts and establishing a floor price for the property. How do they do that? Often times, they want to know the lot's value. When looking at a vacant lot, the notion of zoning is quite clear - what could be built there? How large could it be? What would it be, i.e. a single-family house or a duplex?
- Insuring a property may often focuses on price then coverage. Do yourself a favor and check a few zoning related issues. Communities have what are called "rebuild rules" which simply means if the property were destroyed, could it be rebuilt? Rebuilt as it was before the damage. With any modifications? Who determines the extent of the damage?
One painful issue to address is if your coverage includes the building's foundation. It is painful because it is not always included yet if you ask your local building department if they will sign off on a new building built on a foundation from 1952, you may hear "no". Then, you'll want to call your insurance company and find out the additional cost to cover replacing the foundation in your policy. We apologize if this is painful to learn now but better now rather than after a fire has destroyed the whole place leaving you having to find the money to pay for a new foundation in order to get the place rebuilt.




