As board-certified real estate attorneys, the team at Texas Horizons Law Group answers a lot of questions about land use and zoning. These two concepts play a crucial role in real estate development and property rights, but they're frequently misunderstood or used interchangeably.
In this article, we’ll break down the key differences between land use and zoning and help you understand these complex areas of real estate law.
Zoning vs. Land Use: Comparison Table
Before we go into detail, let's overview the key differences between land use and zoning:
Whether you're buying property, planning a development, or just trying to understand your community's growth, you might find it helpful to learn more.
What Is Zoning?
Zoning is a legally binding way to divide a municipality into different sections, or zones. Each zone has its own set of rules about what can be built there and how the land can be used. For example, an area that is zoned for residential use might allow only single-family homes, while a commercial zone will permit businesses and shops.
Texas zoning laws are made and enforced by the municipality where the land is located to control how land can be used in specific areas of a city. These laws are key tools that Texas cities use to guide the physical development of land based on its location, purpose, and usage.
For example, Texas zoning regulations typically cover things like:
- How big and tall can buildings be?
- How much of a property can be covered by buildings?
- How big can the spaces around buildings be?
- How many people can live in a certain area?
- What buildings in specific locations can be used for (like homes, stores, or factories)?
The main goals of zoning are to keep incompatible land uses separate (like keeping a noisy factory away from a quiet neighborhood) and to maintain the character and value of different areas.
What Are the Four Major Types of Zoning?
There are four main zoning options that cities and towns use to shape how land gets used.
Functional Zoning
The most common type of zoning is pretty straightforward: Different areas are set aside for specific uses, such as homes, shops, or factories. Each zone has rules about what can and cannot be built there. One purpose of functional zoning is to keep noisy factories and other unwanted buildings away from quiet neighborhoods.
Form-Based Zoning
Form-based zoning focuses on how an area looks and feels rather than what it's used for. For example, a city might implement this type of zoning in order to maintain a historic downtown area. People tend to like form-based zoning because it can help a neighborhood preserve or develop a unique character.
Intensity Zoning
Intensity zoning focuses on how dense an area can be. For example, planners might specify how many houses can be built per acre or how much retail space is allowed. This type of zoning gives developers some wiggle room to decide what to build as long as they stick to these limits. Some zones have minimum density rules to make sure land isn't wasted.
Incentive Zoning
Zoning is often used to spruce up run-down areas or encourage new development. City planners can offer incentives to developers — like tax breaks or new roads — if they build in certain areas. In other cases, developers are allowed to bypass certain zoning rules if they throw in extras, such as parks, that benefit the community.
What Is Land Use?
Land use, unlike zoning, doesn't have a specific legal definition. It's a broader concept that focuses on how land is actually used, independent of zoning laws. Through land use planning, authorities aim to balance the needs of residents with social, economic, and environmental concerns.
While zoning creates a framework for future development, land use describes what is currently happening on the land and what might happen in the future.
What Are the Classifications of Zoning in Texas for Land Use?
Planners typically recognize seven types of land use.
Agricultural Land Use
Some land is best used for crops, poultry farms, homesteads, ranches, and vineyards. Agricultural land makes up a significant portion of land in the U.S., and it is crucial for food production and the economy. According to the USDA, out of about 2.26 billion acres of land in the United States, more than half — around 1.2 billion acres — is used for farming and other forms of agriculture.
Residential Land Use
Governments set aside large sections of land for single-family homes, multifamily buildings, condominiums, and mobile home parks. These areas may have rules about what type of homes can be built and how large each lot should be. Some low-density residential areas, including many new suburbs, are exclusively zoned for single-family homes. Other areas may have high-rise apartments and condos.
Commercial Land Use
Retail stores, office buildings, restaurants, hotels, and shopping centers are some examples of commercial land use. These areas are critical for economic development and job creation in a community.
Industrial Land Use
Factories, warehouses, power plants, and refineries are often separated from commercial and residential areas. Industrial land use is essential for economic growth, but it needs to be carefully managed due to potential environmental impacts.
Green Space
Green space can consist of parks, sports fields, hiking trails, beaches, and campgrounds. Green space areas allow for land to be used for recreational purposes with a limited amount of utilized for buildings. City planners view this usage as vital for a community’s well-being. It can be publicly or privately owned.
Tourism
Tourism-related activities and development areas are designed to attract tourists to the area. Allowed uses might include souvenir shops, theme parks, resorts, tourist lodging, and historical sites.
Mixed-Use
Areas zoned for mixed use typically bring together residential and non-residential uses. A mixed use area might include houses or apartments, along with retail and office sites.
Land Use Designations vs. Zoning Designations
Here's where things can get a bit confusing. Both land use and zoning involve "designations," but they mean different things:
Land use designations (LUDs) are part of a city’s general plan. They provide a broad vision for how land should be used in different areas. For example, an LUD might designate an area for mixed-use development, allowing developers to build a combination of residential, commercial, and office spaces.
Zoning designations, on the other hand, are more specific and legally binding. They define exactly what can be built on a particular piece of property and how it can be used.
For example, a city might zone a single-family residential area as "R-1." Another area might be designated "C-2" for general commercial use. Each zoning designation may have specific rules about parking, road setbacks, and lot size.
In simple terms, land use designations are the big picture plan, while zoning designations are the detailed rules that implement that plan.
Interplay Between Land Use and Zoning
While land use and zoning are separate concepts, they're closely related. Here's how they work together:
- A city creates a comprehensive land use plan that outlines its vision for future development.
- Zoning laws are then created or updated to implement this plan, providing more specific rules.
- As the community grows and changes, the land use plan might be updated.
- As the land use plan is updated, officials consider making changes to zoning laws.
In some areas, not all buildings match the zones they are in. This can happen when a neighborhood is older than the local zoning laws. Planners call this "non-conforming use.”
As you can see, the interplay between land use, zoning, and various laws is never simple. This is why it's helpful to consult with a real estate attorney when you plan to make changes to your property.
