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Home > City Departments > Office of Strategic Planning > Zoning Board > Zoning and Use

Zoning and Use


What's the Difference?

Just about everyone knows what Zoning is. They know that there are laws or ordinances which affect some choices of what can be done on a particular piece of property which they own. But people are often surprised to discover that there is another form of regulation called Use. This page is intended to detail, in a general manner, the difference between zoning and use.

Zoning is a law which regulates the use for all property in a municipality. The city is divided into districts called zones. Within each zone only certain uses are permitted. For example, in a residential zone the primary use would be residential, although other supportive uses such as churches would be permitted. In a commercial zone businesses would be the predominant use. In an industrial zone the principal use would be industry.

Generally zones are ranked from lowest (residential) to highest (industrial). A higher zone allows lower uses but a lower zone prohibits higher uses. (A residential zone would prohibit industry but an industrial zone would permit housing). Zoning is concerned with the relationship between uses to ensure that there is not incompatibility between them; hence the division of the city into districts. An example of incompatibility is noise or odor from one property affecting a nearby property.

If you wish to do something which is not permitted by the zoning for your property, you may appeal to the Zoning Board of Appeals for a variance from zoning regulations, or to the Common Council for a rezoning (change of zoning).

The Use of a property refers to that particular parcel. Rather than being concerned with the impact of a particular use on adjacent properties it is concerned with the impact of a use within the confines of a particular parcel. Adjacent parcels within a single zone can have different uses. The particular use of a property is not supported by a map but rather by historic records maintained by a municipality.

As long as no changes are made a use generally remains with a property; ownership of a property may change but the use will remain. To change a use the municipality will usually require plans of a particular building located on a parcel. These plans will be reviewed to insure that the building is safe for its intended use. Safety is most related to the number of persons who could use a particular space under normal conditions, and the hazard which a particular use would create. The hazard of a single family home is quite low, while the hazard of a nightclub with hundreds of persons is quite high. Similarly the hazard of a business selling groceries is quite low compared to one using flammable liquids. If you wish to do something which is not permitted by the existing use of a property you can file plans and /or apply for a Change of Use Permit.

Information on the zoning and use of a particular parcel may be obtained from the Building Permit Office, Room 301, City Hall.