Can a building be in multiple zones?

On Behalf of | Nov 3, 2024 | REAL ESTATE LAW - Land Use & Zoning

Most buildings are only in one zone, meaning they have only been approved for a single use. A house may be in a residential zone, a strip mall may be in a commercial zone and a factory or a warehouse may be in an industrial zone.

But it is also possible for a building to be in multiple zones at the same time. This is typically referred to as mixed-use zoning. There are numerous different forms that it can take, and the three below are the most common:

  1. Mixed-use walkable 
  2. Horizontal mixed-use 
  3. Vertical mixed-use

As such, it’s very important for property owners to know exactly how the zone has been established and what type of use that allows.

Vertical mixed-use

For example, a vertical mixed-use setup could be an apartment building located near a residential zone. However, the bottom floor of the building is zoned for commercial use. There are apartments on the upper floors, allowing residents to live above coffee shops, convenience stores, exercise gyms, restaurants or other such establishments.

Mixed-use zones are often used simply because they are efficient. The bottom floor of a 10-story building works very well for commercial purposes, especially because those properties are going to get foot traffic. But commercial properties on higher levels wouldn’t do as well without that traffic. It makes more sense to use that space to allow for efficient urban housing. As such, a mixed-use zone may be better for business owners and residential tenants.

Zoning issues can sometimes lead to disputes or conflicts, especially when business owners feel they are not allowed to use their property as intended. It’s very important for those involved to understand their legal rights and obligations.