How Does Zoning Affect My Property?
It is tempting to think that if it’s your property, you can simply do what you want. But the more society becomes interconnected, the more obvious it is that our actions affect more than just ourselves, even when the activity itself is confined to our own privately owned property. If you have ever lamented suburban sprawl, chronic traffic congestion, or an out-of-place business (such as a power plant or factory right next to a residential neighborhood), you have probably recognized that something has gone wrong.
The increasing awareness of our interconnectedness has prompted governments to regulate land use for the collective benefit of all residents. In Washington State, most land use is handled at the local level by either a county, or a by city if the land is located within city limits. The primary land use tool is known as zoning, generally specifies the preferred use, prohibited uses, and uses which may be allowed if certain conditions are met. Generally speaking, in Washington, each local jurisdiction updates its zoning code every few years to accommodate growth, plan for infrastructure, and account for changing priorities relating to density, environmental protection, traffic flows, amenities, and ambiance. While local officials may have their own views about ideal zoning, zoning decisions typically reflect a conglomeration of voter sentiment, lobbying by interest groups, and mandates under state and federal laws.
Generally, private property zoning falls into three broad categories: residential, commercial, or industrial. Each of those categories will often have subcategories within it, clarifying specific kinds of businesses or housing styles, minimum lot sizes, setbacks, building sizes, or density. To encourage efficient land use and to make amenities more accessible to residents, many local jurisdictions often allow “mixed use” zoning, which usually combines residential and commercial uses into a single building or parcel (typically office or retail space on the ground floor and apartments or condos above). Each theoretical use usually falls into one of three categories: permitted (i.e., allowed); prohibited (i.e., not allowed under any circumstance), or allowed with a “conditional use permit.” A conditional use permit is special permission granted to an owner, at the discretion of the local jurisdiction, available only after meeting certain conditions. To learn the zoning which applies to your property, you can search online for your local jurisdiction’s zoning map.
Local jurisdictions enforce zoning laws both at the development stage and afterwards. The development stage refers to subdividing, boundary adjustments, building, and site improvements- when you apply for a building or land use permit, the local jurisdiction will review your plans to ensure that they comply with the applicable zoning. But the local jurisdiction will also usually have a “code enforcement” department which receives reports of violations; the code enforcement officer has authority to order owner to bring the property into compliance when there is a violation. That can involve ceasing a particular activity not permitting within the applicable zone, removing an unpermitted structure, or modifying the structure with proper permits to retroactively bring it into compliance. In most case, a use which pre-dated a zoning prohibition is allowed to continue as long as it does not get interrupted for a prescribed period of time- this is what people typically refer to as “grandfathering.”
Zoning laws are not just important for professional developers- they affect everyone who owns or uses property. Buyers and sellers of property should always do their homework regarding a property’s zoning prior to a sale; for buyers, it can greatly impact market value. For sellers, it greatly affects the feasibility of your intended purpose. Consulting an experienced real estate lawyer can greatly mitigate risks in buying or selling real estate, and can also help you navigate challenges relating to development and use.
The lawyers at Beresford Booth have assisted clients in real estate matters for many decades. We would be happy to assist you. Please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.