FAQs
Land Use and Zoning Law
Land use law is the body of law, primarily created and enforced by local governments, that governs how land can be used, developed, and managed. Land use law attempts to balance the rights of private property owners with the welfare of the community.
Zoning laws give cities and towns the authority to adopt ordinances and by-laws that regulate the manner in which land can be used and developed.
A local law that outlines the ways in which land may be improved, developed, and used in different zoning districts in a municipality is known as a zoning ordinance or zoning by-law. Generally, cities’ zoning laws are known as ordinances while those of towns are called by-laws. Zoning ordinances and by-laws divide a city or town into defined zoning districts and include rules regarding types of permitted use in those districts as well as dimensional regulations for structures built in them.
Special permits and variances are both ways in which a land owner can seek relief from existing zoning regulations and that can be granted by a municipal government (typically a Planning Board or Zoning Board of Appeals). A special permit typically allows a use that is delegated to the discretion of the granting authority under the zoning ordinance or by-law, while a variance grants the right to use land in a way that is otherwise prohibited by local zoning law. In general, a special permit is more easily acquired than a variance. The standard for relief is very different for a variance as contrasted with a special permit.
To request a hearing from your local Zoning Board of Appeals, you will need to submit an application, including site plans and other required documents, and pay any required fee. You may need to request an abutter’s list so your neighbors can be notified of the hearing. The Board will then set a hearing date and send you a notification.
A prior nonconforming use is a land use or structure that was legal at the time it was established but is now prohibited by subsequently passed zoning laws. Such non-conforming use or structure is allowed to continue, but any expansion or changes will be subject to local approval.
Local government boards like the Zoning Board of Appeals and Planning Board review development proposals, ensure compliance with local zoning laws, and make rulings on land use proposals and requests for special permits and variances.
Zoning ordinances and by-laws can encourage developers and land owners to incorporate environmentally friendly users in land development and usage (for instance, requiring the use of Low Impact Development approaches to manage stormwater runoff). Cities and towns may also designate certain areas as conservation zoning districts in order to protect critical ecosystems and prevent environmental damage.
