Land Use Controls and Regulations
Land is regulated by both government and private controls that shape how it can be used. This chapter covers public controls such as zoning, private controls such as deed restrictions, and the exceptions that allow flexibility.
Public Land-Use Controls
Government regulates land through its police power. Zoning ordinances divide a community into districts (residential, commercial, industrial, agricultural) and set rules for use, lot size, height, and setbacks. A comprehensive or master plan guides long-term growth, and building codes set construction standards enforced through permits and inspections. Eminent domain, a separate power, lets government take private land for public use with just compensation.
Private Land-Use Controls
Owners and developers can restrict land use through private agreements. Deed restrictions and covenants, conditions, and restrictions (CC&Rs) common in subdivisions may limit building type, size, or use. Easements grant others a right to use part of the land, such as for a driveway or utilities. Private restrictions are enforced by the parties who benefit from them, not by government.
Nonconforming Uses and Variances
When zoning changes, an existing use that no longer conforms may be allowed to continue as a legal nonconforming use, often called grandfathering. Owners seeking relief may apply for a variance (permission to deviate from a rule due to hardship) or a special-use permit for a use the ordinance allows conditionally. A rezoning changes the district classification itself.