Property rights and restrictions – understanding zoning

Sam Schneiderman, Broker-owner of Greater Boston Home Team
continues his Monday series with the first part of a discussion about property rights and restrictions. This is a must read for anyone thinking about buying, building, renovating or adding onto their property.

Many people feel that when they buy property, they should have the right to do what they want with it. Sooner or later, most homeowners that try to modify their property discover that the use and possibly the design of their property is subject to municipal rules that can restrict their plans. This applies when building a new home on a vacant lot and even to simple modifications of existing property, like adding a deck, shed, or widening a driveway.

Over the years, communities have developed their visions of what their cities or towns should look like.
Municipalities designate areas for businesses and other areas are designated for residential uses, like single families, two families and larger multi-family property. Some communities have designated industrial areas, adult entertainment areas, hospital districts, historical districts, etc.

Rules and regulations that have been developed to regulate the use and appearance of property are known as zoning by-laws. Municipal zoning boards are made up of local citizens that review building and development proposals for compliance with the zoning by-laws. They often meet with those seeking to change the appearance or use of a property. Building permits are not issued unless the zoning by-laws are met or the zoning board agrees that there is good reason to allow someone to vary from the by-laws. If a good enough reason exists, the zoning board can issue a variance to allow someone to vary from the letter of the zoning by-laws.

Zoning restricts the scale of the buildings to community standards. It preserves the character of a community and keeps residential neighborhoods from becoming overcrowded or developed with commercial uses.

Perspective:
Zoning can be a pain if it restricts you or a godsend if it restricts your neighbor or a local developer from building something that is not in harmony with your neighborhood’s standards.

It is not uncommon for buyers to envision changes to a home they are considering.
In my experience, it’s common for listing agents (that have often not looked into local zoning) to talk about how nice a home would be if a deck or room were added here or there. Anyone considering buying a property that they are thinking of adding onto or changing the use of should become familiar with the zoning code and/or discuss their plans with the local zoning person and/or town building inspector. If you wouldn’t buy the property if you could not change it to your vision, FIRST, you need to determine if zoning would allow that. Therefore, your offer should be contingent on verifying that you can actually do what you want with the property.

This week, let’s hear from readers that have had issues with zoning.
Have you ever had a project denied or modified due to zoning?
Have you ever gone before the zoning board for a variance?
Have you ever had a purchase or sale go bad because of zoning issues?
Your stories could help others avoid potentially bad situations.