Zoning and Manufacturing Businesses |
Zoning, an exercise of the local police power, is the most important form of land use control employed by local governments. It is a technique for implementing publicly developed plans for the use of land located within the boundaries of a local unit of government, such as a town, city or county.
Definition of Zoning
Zoning is the territorial division of land within a local government into districts and the segregation of land uses within those districts on the basis of variables such as the nature and extent of use, building height, lot and floor area, and architectural and structural requirements. Zoning regulates the location and uses of land.
Cities usually have three types of zones:
- Industrial
- Commercial
- Residential
If you are planning on starting a manufacturing business then you will want to research your city's zoning laws, to know if you are in compliance. Find out which government body maintains your zoning laws and familiarize yourself with them so you will be prepared to deal with any issues that may arise. Zoning laws may be determined by your city or your county, depending on where you live.
Industrial Zoning
Industrial zoning is a category of property zoning that designates property to be used for industrial purposes. Industrial zoning allows manufacturing, research and development purposes, factory office and warehouse space and industrial parks.
Excluding Residential Uses from Industrial Zones
Residential uses can be excluded from industrial zones whenever the zoning action is reasonable. Balanced local governments may well require a setting aside of some areas for industrial use and require the exclusion of residential development in those areas. A need to reduce pressures for school facilities may be a relevant factor. On a few occasions, courts have voided zoning attempts to exclude residential uses from industrial zones, as where there was actually no industry in the area.
Excluding Commercial Uses from Industrial Zones
Commercial uses can be excluded from industrial zones whenever such zoning action is reasonable. When a zoning enactment is silent, courts are inclined to permit ''higher'' uses in industrial and other restricted zones, such as allowing a drive-in theater in an industrial zone.
Related Resources on Lawyers.com sm
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Small Business Law articles and information
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Zoning Ordinances and Regulations
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