Legal Definitions - zoning

Zoning is a law that divides a piece of land into different sections and regulates what can be done in each section. This is done through a zoning ordinance, which sets rules for how the land can be used.

There are different ways that zoning can be flexible:

• Non-conforming use: This allows a use that was already there before the zoning law was passed to continue, even if it doesn't fit the new rules.
• Variance: This lets the government make an exception to the zoning rules for a specific property.
• Spot Zoning: This changes the zoning for one piece of land, but not for the surrounding area.
• Illegal Contract Zoning / Legal Conditional Use Zoning: While a city can't change the zoning just because a landowner promises something in return, it can change the zoning if the landowner makes a promise on their own.
• Incentive Zoning: This lets landowners pay a fee to be exempt from some of the zoning rules.

One example of a case involving zoning is Bragdon v. Town of Vassalboro, which was decided by the Maine Supreme Court in 2001. This case dealt with whether a landowner could build a house on a piece of land that was zoned for agriculture. The court ultimately decided that the landowner could build the house, because the zoning law allowed for exceptions in certain cases.