Source: Redfin.com
Zoning refers to the set of municipal or local laws and regulations that dictate how the land can be developed and what functions the zoned land can serve. For example, zoning laws can determine what kind of businesses can open near your home, whether you can build a fence in your backyard, and even how affordable housing is. These ordinances can be confusing, but they can significantly impact your life and property. So whether you’re buying a new house, thinking of opening a business, or considering making home improvements, it’s essential to know the local zoning laws in your area and understand how they work.
How to view zoning information on Redfin.com
Zoning information is available for most U.S. properties on Redfin.com and the Redfin iOS and Android apps. This includes zone codes, names, descriptions, allowed development types, Accessory Dwelling Unit (ADU) regulations, and permitted and conditional land uses.
Search for homes in a region of your choice.
Click on a home to view its details.
Navigate to the 'Public Facts and Zoning' section.
Click the 'Zoning' tab.
What is zoning?
Zoning refers to municipal or local laws and regulations that govern how the land can be developed and what purposes the zoned land can serve. For example, one zoning district may be designated for single-family homes, while another may be designated for businesses. There, of course, can also be zoning districts that allow for both commercial and residential use.
It's important to note that zoning laws differ from the regulations of a homeowners association (HOA). While the rules of an HOA can affect your property usage set by private organizations, they are not made by a local government.
Types of zoning classifications
Zoning classifications determine what a piece of land can be used for. The most common zoning classifications include residential, commercial, industrial, agricultural, mixed-use, institutional, open space, planned-unit development, and historic. Keep reading to learn more about each classification.
Residential
Municipalities typically have multiple residential districts based on the types of residences within them. The main differences often deal with whether the sections are made up of single-family or multifamily homes. Single-family homes are detached structures that house only one household. Multifamily homes are buildings that house more than one family or household (e.g., duplexes, townhomes, or apartments). The rules that govern these properties differ depending on the specific type of residential district. For example, a single-family home in a more secluded subdivision will have different zoning requirements than an apartment building in the middle of a city. A zoning code can look like R-1, which means a single-family household with a maximum of one household per lot, and R-2 can mean two or three-family homes with a maximum occupancy of three homes per lot.
Commercial
Commercial zoning can be found in a city's business district for shopping centers, offices, restaurants, and anywhere people go to work and spend their money. The proximity of business zones to other zone types depends on the businesses in the area and the typical vehicle traffic. Commercial zoning can limit the height, design, parking, and purpose of a building on a specific lot of land.
Industrial
Industries requiring light, medium, or heavy equipment can occupy land zoned for industrial use. You'll find warehouses and manufacturing facilities in these areas, which are typically zoned away from residential land.
Agricultural
The existence of an agricultural district in a municipality depends on the presence of farming in the area. Agricultural zoning is for farming industries to protect farmland from other uses and allow farms the space to operate.
Mixed-use
Multiple usages of a property can accommodate in the same district under mixed-use zoning. There needs to be established compatibility between the uses to permit it. An example of mixed-use zoning is when buildings have residential units in the upper stories and retail on the ground floor. This type of zoning is expected in downtown areas.
Institutional
Institutional zoning typically includes schools, libraries, museums, places of worship, and public recreational facilities.
Open space
Parks, vacant lots, and undeveloped land are protected under open space zoning.
Planned unit development (PUD)
A large sub-division is usually created as a PUD. Different land use options can be part of this zoning clarification.
Historic
Historic zoning regulations protect historic structures in a given city. If you're thinking of buying a historic home, you should be aware that you may have to comply with a layer of oversight and regulation.
Standard zoning terms to know
Accessory uses: A secondary structure that does not serve the primary purpose of the land. An example is a detached garage.
Density: The number of developments allowed per acre.
Floor Area Ratio (FAR): How much floor space a structure has compared to its lot size.
Parking minimum: Some structures may require a specific amount of off-street parking.
Setback: The distance between the structure and the lot's boundaries. In some areas, the building will need a specific number of measurements from the perimeter.
Nonconforming use: When zoning regulations change, a structure can be deemed nonconforming. A period of time, called amortization, is given for the structure to comply with the new zoning regulations. An example is an existing home that is 30 feet from the road would become nonconforming if a municipality newly requires a 40-foot setback between houses and roads.
Municipal codes: Laws that the local government enforces. If you're wondering if you can have farm animals on your property or short-term rentals, this is the place to look.
Variance: A variance is an exception granted by the local government to zoning regulation.
Effects of zoning on your property
Zoning regulations can have significant effects on your property, especially if you’re looking to make changes or improvements to it. Do you want to start a business or add an accessory dwelling unit? You'll have to ensure that land use is permitted for those types of structures by paying attention to the zoning codes.
Permitted and conditional land uses
There are permitted and conditional land uses for each property. 'As of right' permitted land uses are those which are allowed with no special conditions or permits. These can include detached units like a garage addition and ADUs. On the other hand, in order to develop a conditional use of land, there needs to be local approval, which may require a special permit. Conditional land uses can include running an equestrian facility or any business operating from your home.
If you’re wondering if you can have farm animals like chickens or horses, you’ll need to check with your local municipal codes. As an example, in Kirkland, WA, chickens are prohibited in multi-family zones and have restrictions in residential zones. In these residential areas, chickens are permitted in low-density zones on lots with an area of less than 35,000 square feet.
Redfin displays permitted and conditional land uses alongside other zoning information on home details pages.
Accessory Dwelling Unit (ADU)
An independent residential structure on the same lot as a single-family home is called an accessory dwelling unit. An ADU can be an attached addition to the home or a detached structure (DADU). Across the country, ADUs are gaining in popularity due to the financial gain and extra space of owning one. Many homeowners use their ADU as a way to earn passive income by renting them out. Others use the extra space for personal use or to house friends and family. There are many ways you can use an ADU to your advantage while increasing your overall property value.
Many provisions require ADUs to range from 600-1,000 square feet in size. You can find these structures to include basic amenities like a kitchen, sleeping area, and a bathroom, all of which are essential for day-to-day living apart from the main house. It’s important to note that primary residences and ADUs must be owned by the same person in most jurisdictions and cannot be sold separately.
The rules for ADUs vary by jurisdiction. One municipality might have a requirement for the structure height, while another might require the ADU to have its own designated parking space. If you are planning on renting out your ADU or DADU, you may need to acquire additional permits or a short-term rental operator’s license. In most cases, the operator may operate two units: the primary residence and their ADU/DADU, where they don’t live. To learn more about short-term rentals, visit the business regulations section on your official local government site.
Exceptions to zoning laws
A property may be used in a way that it wasn't initially zoned for if a variance or conditional use permit is obtained. If zoning laws have changed over time, it's possible that a property that used to meet zoning regulations no longer does but is allowed to remain as-is and is considered legally compliant. This is referred to as the legacy clause or the grandfather clause and is in place to protect tenants from changes in zoning ordinances. No zoning laws are set in stone; they are meant to adapt to city changes and circumstances.
Zoning laws may have changed since you last looked, and it's important to know what restrictions are in place before you begin any work. Permits may also be required, so factor those costs into your budget. So whether you are looking to add an ADU or operate a business from your home, Redfin has the data for your property’s land use and zoning resources to help you get started.
History of zoning
Zoning grew in popularity in the early 20th century. It was introduced as a way to protect the well-being of a community. For example, some zoning laws ensure people don't have to live close to places like factories that are noisy and produce harmful chemicals, which could potentially damage their health and lower the value of their property.
There are many valid reasons why local governments want to exert some control over what kinds of structures are built where. And while zoning can help achieve valuable social goals, it has also come with many negative consequences like exclusionary zoning policies.
Exclusionary zoning
Exclusionary zoning has been around since the early decades of the twentieth century. It utilizes land use and building code requirements to keep affordable housing out of neighborhoods. These practices can limit lower-income people's access to housing, education, and employment opportunities found in wealthier neighborhoods. Some methods were overtly discriminatory and ruled unconstitutional by the U.S. Supreme Court; however, the effects of those practices persist today.
Impacts of exclusionary zoning
You can find the impacts of exclusionary zoning in neighborhoods and cities around the United States. It can restrict multi-family construction, like townhouses and apartment buildings in most suburban communities. You’ll notice that in these neighborhoods, the zoning laws permit single-family homes on large lots - not allowing for more development. Exclusionary zoning can limit the minimum square footage requirements, height limits, parking requirements, historic preservation, and lot sizes, increasing the prices of these homes and pricing out lower-income residents. Exclusionary zoning isn't just a problem with single-family homes. Height and density limits placed on apartment buildings can also reduce the number of units that can be built. In cities where there is a high demand for housing, less new housing means that prices will go up. These types of regulations, though facially neutral, can have a discriminatory impact by restricting the supply of affordable housing available.
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