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Understanding zoning types and disputes

| Jun 11, 2021 | Uncategorized |

In Arizona, zoning regulations set out the rights, uses and restrictions for a landowner’s property. It is helpful to understand the different types of zoning and how an attorney can help if a zoning dispute arises.

Zoning types

Zoning divides land into residential, commercial and industrial sections. Each section is usually separate from the others.

They can each have additional restrictions such as the type of buildings allowed, building boundaries, number of rooms, minimum lot sizes and parking rules. They may also include regulations regarding how many houses can be in a certain area and whether those houses can be single-family, multi-family or townhouses.

While zoning regulations control existing structures and uses, they are also used for future development. Usually, this is completed through a master plan which may include subdivision developments, street plans and public facilities.

Deeds may also include restrictive covenants which limit the use of certain property. These covenants are often used by land developers to maintain home sizes and the aesthetic of the neighborhood.

Disputes

Courts have often held that zoning regulations are permissible if they are reasonable and relate to public health, safety and general welfare. However, they must also be based on the community’s needs, the character of the neighborhood and must take into consideration the effect the regulation may have on property values.

When parties believe that the zoning restrictions are unreasonable, a dispute may arise. Some communities have zoning appeals boards to address these issues.

Zoning law can be complex. An experienced attorney can represent landowners to ensure their interests are taken into consideration.