Why Zoning Is a Big Issue

Zoning comes into play on every single real estate development, big or
small. So if you are thinking about buying property or making improvements
to property that you own, you'll need and want to know how zoning laws fit
into your plan. If you fail to find out what uses are allowed as a first step, it
can be an expensive mistake if it turns out zoning prohibits your
development. Not only can you be forced to remove any improvements
made to the property that violate the zoning regulations, you can also be
fined and face a code enforcement action.
Zoning also impacts the value of a given piece looking to build a subdivision.
And depending on how productive the land is for agriculture, it may have
limited value for farming, too. If you find a piece of vacant land that seems
ideal for a rural subdivision, but later find out is zoned for agricultural use
and cannot be divided, you may be stuck with a bare piece of land with no
development potential.

Zoning Districts and Land Uses

Many of what ways in which owners use their land are incompatible with
each other. For example, most people living in a sleepy residential
neighborhood do not want a heavy industrial use, like an oil refinery, right
next door. Similarly, many farm uses, which can be noisy, dusty, and stinky,
are not compatible with residential uses. To guide certain types of
development and avoid conflict between, zoning regulations have been
adopted in most areas.

Common Land Use Controls

Many jurisdictions have two primary documents that relate to zoning. The
first is called a comprehensive plan (also known as a “master plan” or
“general plan”). The other is a zoning ordinance (sometimes called a “land
use ordinance” or “development code”).
The comprehensive plan is the policy document that guides development in
an area. The zoning ordinance, typically comprising both text and a zoning
map, includes land use regulations that classify property into various zones,
restrict the use of land, impose development standards, and include
procedural requirements. The zoning ordinance implements the
comprehensive plan.

Land Use Requirements and Restrictions

Where there is zoning, land is classified into specific districts. Common
classifications include:
 residential
 commercial
 industrial
 agricultural, and
 recreational.

These classifications usually break down into further subcategories. For

example, residential zoning has subcategories for single-family and multiple-
family zones. You may also encounter mixed use zoning, for example, a
work-live zone where small scale retail and manufacturing is allowed along
with a residential dwelling.
You can determine what district your property is in by reviewing the
applicable zoning map. The zoning map is normally a part of the zoning
ordinance. Most places make the map available on the Internet. If you cannot
find the map online, the local planning department is usually helpful in
directing you to where a copy can be found.

Different Uses in Different Zones

For each zoning district, the zoning ordinance will list allowable uses. In most
cases, each allowable use will be listed as a “Permitted Use” or “Conditional
Use” (or some variation of those terms).
Permitted uses are allowed outright, but may still require a permit.
Conditional uses are subject to review by the local government. In many
cases, the government will impose conditions on the use (for instance, extra
parking or stormwater control).
Using single-family residential zone as an example, single-family dwellings
and home occupations are often listed as outright permitted uses. An
accessory dwelling, however, may be prohibited or allowed only as a
conditional use. If the accessory dwelling is approved as a conditional use,
the local government may impose additional off-street parking requirements
among other conditions of approval.
Typically, if a use is not listed as an allowable use in a certain zone, it is
prohibited in that zone.

Development Standards Also Apply

For a use to be approved, it must comply with the development standards in
the applicable zoning ordinance. Development standards include design
requirements and other criteria that control the manner in which a
development must be completed. These standards vary depending on the
specific use at issue. Development standards can include:
 height restrictions
 building setbacks
 minimum lot size
 lot coverage
 density
 transportation and access
 parking
 building and landscape design, and
 drainage.
If a development cannot be completed in accordance with the development
standards, the local government may not approve the use unless a variance
is granted. Most jurisdictions will have a provision in the zoning ordinance
explaining when a variance will be granted.

Subdivisions
Many property owners divide their land into multiple lots with the hope of
selling them at a profit. Subdivisions are a common type of land
development. Subdividing land is subject to the zoning ordinance and
perhaps even a separate subdivision ordinance.
There are usually simplified procedures if you want to divide your property
into only two to four parcels. These are sometimes called lot splits or
partition. The process is more complex for a large subdivision.
Subdivision laws may mandate the subdivision be developed to meet:
 minimum lot size requirements (for example, 7,000 square feet)
 street specifications
 utility requirements, and
 density requirements.
In some states, local governments have the power to require developers to
pay for infrastructure for their projects. These are called System
Development Charges (SDCs). These costs can include new utilities, roads,
and even schools.
If you want to subdivide your land, be sure to talk to a land use attorney
licensed to practice law in the state the property is located.

Zone Changes Are Not Easy

Just because your land is not zoned for a certain use does not mean the
zoning cannot be changed to allow that use. Most zoning ordinances have
provisions that outline the application procedure and requirements for zone
changes.
The process can be difficult and time-consuming. At a minimum, it usually
requires notice to the public and a land use hearing before the local
government will grant or deny your request for a zone change.
Given the complexity associated with zoning issues, it is a good idea to hire
local land use attorney to help review your land use plans and your options
for handling zoning concerns.

Applying for Rezoning

ABOUT THE SERVICE
All lot owners requesting for rezoning of their property from non-Agricultural
to residential, commercial, industrial and institutional use are required to
secure approval for rezoning.
REQUIREMENTS
 Letter of intent addressed to MR. WILFREDO B. PRILLES, JR.
 Letter of application in the name of the owner of the land
 Special Power of Attorney, if applicant is other than the owner of the
land
 Photocopies of Original or Transfer Certificate of Title and/or other
documents establishing ownership of the land
 Location plan and/or vicinity map
 Detailed Feasibility Study of the proposed project or intended use of
the land as in harmony with Barangay Development Plan
 Certificate from the City Planning and Development Office as to site
zoning classification
 Barangay Resolution
 Certificate of updated Reak Property Tax payment duly signed and
certified by the City Treasurer

Land use zoning

Basically, urban zones fall into one of five major categories: residential,
mixed residential-commercial, commercial, industrial and spatial (e. g. power
plants, sports complexes, airports, shopping malls etc.). Each category can
have a number of sub-categories, for example, within the commercial
category there may be separate zones for small-retail, large retail, office use,
lodging and others, while industrial may be subdivided into heavy
manufacturing, light assembly and warehouse uses. In Germany, each
category has a designated limit for noise emissions (not part of the building
code, but federal emissions code).
In the United States or Canada, for example, residential zones can have the
following sub-categories:

1. Residential occupancies containing sleeping units where the occupants

are primarily transient in nature, including: boarding
houses, hotels, motels
2. Residential occupancies containing sleeping units or more than
two dwelling units where the occupants are primarily permanent in
nature, including: apartment houses, boarding
houses, convents, dormitories.
3. Residential occupancies where the occupants are primarily permanent
in nature and not classified as Group R-1, R-2, R-4 or I, including:
buildings that do not contain more than two dwelling units, adult care
facilities for five or fewer persons for less than 24 hours.
4. Residential occupancies where the buildings are arranged for
occupancy as residential care/assisted living facilities including more
than five but not more than 16 occupants.
Conditional zoning allows for increased flexibility and permits municipalities
to respond to the unique features of a particular land use application. Uses
which might be disallowed under current zoning, such as a school or a
community center can be permitted via conditional use zoning.