Local governments in Oregon enforce zoning laws that dictate how land within their jurisdiction can be used. While most people recognize the basic distinctions between residential and commercial zoning, there are many other critical factors to consider when purchasing vacant land.
Why Zoning Matters
Zoning laws impact everything from the type of structures allowed on a property to potential land use restrictions. Some key zoning considerations include:
- Permitted Land Uses: Certain areas may only allow single-family homes, while others permit multi-family units, agricultural activities, or industrial development.
- Building Regulations: Height restrictions, setback requirements, and density limits can influence how and what you can build.
- Environmental and Flood Zones: Some properties may have environmental restrictions or require additional permits due to flood risks, wetlands, or protected wildlife areas.
- Future Development Plans: City planning departments may have designated certain areas for infrastructure projects, commercial expansion, or green spaces, which could impact your intended use of the land.
What to Do Before Buying Land
Before finalizing a land purchase, research local zoning laws and confirm whether the property aligns with your intended use. Visit the local planning or zoning office, review land use maps, and inquire about any upcoming regulatory changes that may affect your investment.
Understanding these regulations in advance ensures that you make an informed decision and prevents costly surprises down the road.
Zoning 101
The planning department is responsible for categorizing land into specific zones to ensure balanced and sustainable development. Their primary goal is to create economically viable areas that accommodate various land uses, including residential, commercial, industrial, and agricultural spaces.
To refine these zoning regulations further, planning boards often implement subdivisions within each category, such as R1, R2, and beyond for residential zoning. These classifications dictate what types of structures can be built and how the land can be utilized.
Common Residential Zoning Classifications:
- R1 (Single-Family Residential): Typically allows only detached, single-family homes with specific lot size and setback requirements.
- R2 (Two-Family Residential): Permits duplexes and other multi-family housing options.
- R3 and Higher: Often designated for townhouses, condominiums, or apartment complexes, with varying height and density restrictions.
- Manufactured Housing Zones: Some areas specify whether mobile or modular homes are permitted.
Beyond residential zoning, similar subdivisions apply to commercial and industrial areas, dictating building size, usage, and placement within a community. Before purchasing land, it’s essential to consult local zoning maps and regulations to ensure your intended use aligns with zoning restrictions.
Special Circumstances & Variances
While zoning regulations are generally strict, there are exceptions and variances that allow for flexibility in certain cases. If your intended use for the land does not conform to existing zoning laws, you may apply for a variance or special exemption.
Applying for a Variance
To obtain a zoning variance, you must present your case to the local planning board. This process typically involves:
- Submitting a formal request outlining why the exception is needed.
- Providing supporting evidence (such as site plans, impact studies, or proof of hardship).
- Attending a public hearing where officials and sometimes local residents can voice opinions on the proposal.
- Receiving approval or denial based on whether the request aligns with community planning goals.
If your request is denied, you may have the right to appeal and strengthen your case, but this can be time-consuming and costly. Evaluating whether pursuing the variance is worth the investment is crucial.
Pre-Existing Exemptions
In some cases, structures that were built before zoning laws changed may be grandfathered in. For example, a residential home may exist in a newly designated commercial district. However, this does not mean that new homes can be built under the same conditions. If a property has a pre-existing exemption, it generally applies only to the original structure and may not extend to new developments.
Understanding how variances and pre-existing exemptions work is essential before purchasing land, especially if you plan to deviate from current zoning regulations. Always consult local zoning authorities to assess your options and potential roadblocks.
Divide and Conquer?
If you are buying a large parcel, and are thinking about sub-dividing and selling the lots individually for a profit, there are a few things you should know. There are additional rules that typically apply in these situations and we strongly suggest you work with the county closely and consult a land professional such as PDX Home Buyers before you purchase with the intent to divide the land. This is a strategy used by land investors who have a good grasp on the market, they can see the value in the individual lots before the area becomes developed.
Manufactured Homes, Tiny Houses, & Shipping Containers
If you are looking to put up an alternative style home, you should make sure it will be compliant with ALL zoning regulations. Check to see if a pre-fabricated home is permitted and then take it one step further by contacting the planning board and sharing with them what you would like to do. You want to cover all bases and be fully compliant should a complaint arise. Once you have a go-ahead, it is safe to purchase the property and build your structure. Tiny houses, shipping container homes, and other alternative domiciles are becoming increasingly popular. However all too many people don’t have the proper clearance to put such a home on a piece of land, and unfortunately, they get stuck moving the home and being burdened by additional fines and fees.