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Zoning ordinance

Definition

A municipal law that outlines permitted uses for various sections of land.  Thus, some parts of a city may be dedicated to industrial use, while others may be set aside for residential or commercial use only.  A zoning ordinance may also regulate building height or restrict sound.

Illustrative caselaw

See, e.g. Pheasant Bridge Corp. v. Township of Warren, 169 N.J. 282 (N.J. 2001).

See also

 

The owner of a small deli wishes to open another location on the other side of town.  After signing a lease for the new property, the owner learns that the neighborhood in which he plans to build was recently zoned for residential use only. 

The new zoning ordinance took effect just last month, and several coffee shops in the neighborhood were "grandfathered in" and permitted to continue operations. 

The deli owner applies for a variance.  The variance application argues that the deli would not produce significant amounts of noise and would not alter the aesthetic appeal of the neighborhood.  The application also points to the coffee shops in the area, which are owned by national chains, and urges the city zoning board to support local business. 

After some consideration, the zoning board issues a variance and grants a zoning permit for the new deli.

"Petitioner, a not-for-profit corporation, proposed to build a congregate housing facility for the elderly, consisting of two units in a two-family house. . . .  The Mount Vernon Building Department denied petitioner's application for a building permit on the grounds that (1) the proposed project would be a 'boarding house', a prohibited use under the Mount Vernon Zoning Ordinance, and (2) the planned construction violated certain setback requirements."

"The courts below correctly held that the Zoning Ordinance's definition of 'boarding house' was unconstitutional. . . .  By its own terms, this definition includes even a family consisting of a father, mother and children in a rented house or apartment."

In re Genesis of Mount Vernon, N.Y. v. Zoning Bd. of Appeals of City of Mount Vernon, 609 N.E.2d 122, 123-24 (N.Y. 1992)