How do Northern Kentucky’s Zoning Laws Affect Real Estate Development?

What is Zoning?

New business locations and businesses undergoing renovations may be subject to state building codes and local zoning requirements.

Zoning refers to municipal or local regulations governing how real property can and cannot be used in certain areas. These regulations may vary depending on several factors, including the type of business, location, number of employees, public access, and the kind of structure.

What do Zoning Laws Cover?

Local authorities enforce zoning laws in an effort to help regulate real estate markets and ensure that all parcels of land complement each other. Zoning laws often specify what type of land use is allowed on specific tracts of land. Zoning laws address several land use issues, such as:

• Types of buildings and requirements such as sizing, height, etc.
• Number of rooms or units allowed
• Building restrictions
• Utility lines
• Lot size
• Parking
• Yard size

What are Common Types of Zoning Ordinances?

Some of the most common types of zoning ordinances used in Kentucky include the following:

• Residential zoning: This ordinance divides land into various zones for different types of residential use, such as single-family houses, multi-family units, or mobile homes. Additionally, it sets standards for lot sizes, building heights, and other setbacks.
• Commercial zoning: Commercial zoning regulates the use of land for businesses and other commercial activities. It also regulates the size and location of commercial buildings and
• imposes limitations on signage and parking.
• Industrial zoning: This ordinance restricts land use for industrial activities such as manufacturing plants or warehouses and includes regulations on noise levels and the disposal of hazardous materials.
• Agricultural zoning: Agricultural zoning designates specific areas for farming and other agricultural activities. It may also enforce minimum lot size requirements for farm properties.
• Historic preservation zoning: Historic preservation zoning protects landmark buildings and districts by regulating any alterations or other demolitions within that area.
• Mixed-use zoning: This type of ordinance is a combination of residential, commercial, or industrial zoning in a single district. This is done to promote varied land use.

How Does Zoning Affect Real Estate Development?

Zoning ordinances affect real estate in several ways, including:

• Limiting land use: The restriction of what is allowed to be built on certain areas of land impacts desirability and potential uses.
• Determining property values: The type of zoning used in an area will dictate property values because it dictates what may be built nearby.
• Creating uniformity: Dividing the land into specific zones with specific regulations creates uniformity in communities and prevents incompatible land uses from coexisting.
• Promoting growth management: Zoning ordinances may be used to manage growth by controlling where development is allowed to occur and how it should be planned.
• Encouraging economic development: The use of commercial or industrial zoning may attract businesses to an area, which may bring potential economic benefits to the surrounding communities.
• Protecting community interests: Zoning ordinances may also be used to preserve the interests and well-being of its community by maintaining green spaces or minimizing noise pollution.

How is Land Use Regulated Through Zoning Laws?

The State of Kentucky regulates land use through planning and zoning laws by encouraging local governments to create and enforce land use regulations. Some key components of zoning laws include:

• Comprehensive plans: The State of Kentucky requires each county and incorporated city to develop a comprehensive plan outlining the long-term goals and objectives for land use in the community, as well as infrastructure development, economic growth, and environmental protection.
• Zoning ordinances: Local governments are encouraged to create zoning districts to regulate the types of activities allowed in each district, such as residential, commercial, industrial, or agricultural uses.
• Development review process: All new developments are subject to a review process prior to construction to ensure compliance with local zoning ordinances. This process involves obtaining permits and needed approvals from various departments or other agencies.
• Conditional use permits: A property owner may seek permission to use their land for an activity that is not permitted in their designated zoning district. In this case, a conditional use permit may be granted if the requested activity meets certain criteria set forth by the local government.
• Subdivision regulations: Local governments may regulate the subdivision of land into smaller parcels for developmental purposes, including street design, utilities, stormwater management, and other infrastructure.
• Non-conforming uses or structures: If changes in zoning regulations occur that render an existing property or structure noncompliant, the local government may allow the use or structure to continue under certain conditions.
• Board of Adjustment: Many communities in Kentucky have a Board of Adjustment whose purpose is to serve as an appeals board for decisions made by planning and zoning officials.

What is the Process for Obtaining a Variance?

The process for obtaining a variance in Kentucky may vary slightly by community. For this reason, enlisting the help of a knowledgeable attorney at The Law Offices of Shannon C. Smith, PLLC, will allow for a smoother process.

• Determine if the property in question qualifies for a variance: Typically, variances are reserved for properties with unique physical characteristics or hardships that prevent compliance with the zoning regulations.
• Submit a variance application: This application will need to be submitted to the local agency responsible for zoning and must include detailed information regarding the specific reasons a variance is requested.
• Prepare for a hearing: The hearing will consist of providing evidence of unique characteristics that make complying with zoning regulations difficult.
• Attend the public hearing: The petitioner will answer questions from members of the review board and present his or her case.
• Receive approval or denial: The local government will then approve or deny the request. An approval may require meeting certain conditions or other restrictions to comply with regulations.

Do I Need an Attorney?

Zoning laws are complicated. The solution is simple. The team at Law Offices of Shannon C. Smith, PLLC is here to serve clients in Northern Kentucky and Ohio. Call today at 859-710-9001 or fill out a contact form for a free case evaluation.