I believe the majority of people understand we have zoning laws which address areas for specific land uses. The primary districts are commercial, residential and industrial zoning districts. Within these broader categories we may have subsets like single family or multiple family residential as examples.
What may not be as broadly known is that within each zoning district there are Permitted, Accessory and Conditional uses. Permitted uses seem obvious, a list of those activities that are permitted in that district. An accessory use is something that is used in conjunction with a permitted use. A detached garage or shed are examples found in a residential district. A Conditional Use is a use that is generally permitted with conditions attached. The conditions make the use acceptable within the district in which they are located.
In the area of commercial growth a good deal of land uses are conditional uses. They require a Conditional Use Permit. The zoning ordinance lists those types of businesses and business activities that require a permit. Application is made and the business activity is viewed from a zoning perspective to determine what conditions will make the business acceptable. Things like screened trash areas, lighting that doesn’t spill over to another property or even the need for fencing to separate uses are the types of concerns addressed. The permit then specifies what conditions are needed to make that use compatible.
The use (business) itself is not something we can regulate except to say that a use not authorized in a district, isn’t acceptable in that location. It can however be located in a district that allows that use. Use variances are not legal. This would be allowing a use otherwise prohibited in a district.
The use of zoning has long been seen as a means to protect property values but it also is a means to provide standards in development. It further defines the “common sense” in land use to help us all work together. It may have its detractors but zoning has been held by the courts as a reasonable use of police powers and brings order to our lives.
