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Zoning and its impact on land use rights

| Jun 20, 2019 | Real Estate |

Zoning is a complex real estate topic that can have serious repercussions on how individuals may use the land that they purchase. In Jackson and communities all throughout Tennessee, property owners’ rights are impacted by the zoning regulations that attach to their parcels. Although this post will provide a general overview of what zoning is, it will not provide its readers with any legal advice. Consultation with an attorney should sought by anyone with case-specific questions.

Communities like Jackson divide their land up into different zoning classifications. These zones represent different possible land uses, from residential use to commercial use to agricultural use. Generally, similarly classified zones are close to each other so that similarly used parcels are in the same areas. Without zoning, a large manufacturer may open new operations in the middle of a housing development, thus disrupting families, creating traffic and causing pollution to settle into the air.

In some cases a parcel’s zoning may be mixed. Readers may be familiar with live-work spaces, where residential apartments exist above buildings. These mixed use zones have rules that dictate how they may be used just as single use zones also have.

When an individual buys a parcel of land to use for a particular purpose, they should be aware of the zoning that attaches to their intended purchase. If their intended use falls outside of the permissible uses for the zoning for the land, they may be barred from moving forward with their intended project. While there are ways to work around nonconforming land use uses with variances and other exceptions, land purchasers should know what they are getting before they settle on parcels for purchase.