The issue of zoning may arise when you’re attempting to make changes to your property, such as adding another structure in your backyard, keeping farm animals in a residential neighborhood or running a home-based business.
Before you purchase or build a property, make sure you understand the relevant zoning and land use rules. Ideally, the commercial or residential real estate professional you work with should inform you of allowable land use and direct you toward properties that are appropriately zoned for you needs. However, there are scenarios in which you might encounter zoning hurdles, like if you want to start a home business or add production capabilities to a commercial property that primarily operates as a consumer-facing storefront.
Will the type of business you want to operate be permitted? Will there be limitations on your hours of operations? If you have those types of questions, it may be in your best interest to speak with a local Duluth real estate attorney. You can also look through Duluth’s Unified Development Code for specific land use and zoning district categorizations and definitions.
Most cities in the United States, including Duluth, share some common zoning district categories. These include residential, commercial, industrial, agricultural, historic and overlay zoning.
As the name implies, residential zoning includes properties for people to live in, including single-family homes, suburban homesteads, townhomes, apartments, condos and trailer parks. Residential zoning laws can dictate the number and type of structures landowners are permitted to build on their property. Local residential zoning laws may also prohibit owners from keeping farm animals, like chickens, horses or pigs on their property.
Most real estate falls into the category of commercial zoning. There are several different categories of commercial zoning depending on the type of business and how many customers frequent it. Some of the most common commercial zone properties are shopping malls, office buildings, warehouses and hotels.
Example of commercial zoning districts in Duluth include:
Not all commercial property types may be allowed in a commercial zone. For instance, nightclubs and adult entertainment establishments may not be allowed if they’re close to a church or school.
While both commercial and industrial zones host non-residential buildings, industrial zones should be further separated from residential zones.
For example, Duluth has “O-N” and “C-1” that act as a buffer/transitionary zone or mixed-use residential and commercial zones. There is no equivalent transitional zoning for industrial, only M-1 (Light Industrial), M-2 (Heavy Industrial) and RD (Research and Development) districts.
Of the three, M-1 is allowed in closest proximity to residential areas and therefore only allows industrial operations that aren’t overly disruptive, such as “…assembling, wholesaling, warehousing and commercial services…” that don’t create “…noise, vibration, smoke, dust, gas, fumes, odors, or radiation...”
Agricultural zoning is used to preserve land, encourage farming and discourage people from using land for non-agricultural purposes.
Examples of permissible agricultural zoning structures include farmhouses, chicken coops, barns, livestock shelters and silos.
Not all metro areas will include significant agricultural districts. For example, the City of Duluth’s Development Code only includes Residential-Agricultural Districts (RA-200).
Historic zones cover commercial and residential buildings that meet specific age requirements or are located in certain parts of town. In Duluth, the Historic Residential District (HRD) encompasses the low-density residential West Lawrenceville Street corridor located downtown.
Historic zoning laws often prevent people from making changes to historic structures to preserve the architecture and the character of a given area.
Zoning is done by your local government with the goal of planning, regulating and developing local land to benefit the community. You probably wouldn’t want to have a factory or an airport built next door to your home. Thanks to zoning laws and regulations, you don’t have to worry about such mishaps occurring in your neighborhood.
Some of the social, economic and environmental benefits of zoning include:
The Zdrilich Law Group offers legal services to Duluth real estate investors, homebuyers and property sellers who require assistance with issues like zoning regulations, building codes and lease agreements.
To schedule a legal consultation, call (866) 679-0497.
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