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What Does No Zoning mean in Real Estate | Real Estate Zoning Details

What does no zoning mean in real estate? The lack of zoning means that different parts of the city are subject to the same rules, which limits development. But this does nothing to suggest that there are no rules. In general, “no zoning” means no restrictions on land use. You can use them for residential, commercial, or other purposes as long as it is legal.

No restrictions mean you can build a factory near your home or open an adult bookstore near your school. Planning laws are very important for the use of urban land and buildings. These laws allow local governments to create urban designs that fit their preferred development patterns or allow different property types to coexist.

What is Zoning?

Planners involved in the design and construction of cities often want to create the best plan for the people who live and move in the area. Planners often refer to the city’s zoning code when deciding how the city will be used. An urban master plan consists of a thorough document that defines a city’s current and future needs and objectives.

The master plan considers the community’s transportation needs, economy, barriers, and issues and its residents, homes, parks, and businesses. Once a land-use plan is in place, the government can develop zoning ordinances considering the goals and needs.

These plans help implement land use planning. A zoning ordinance is a document that contains all the rules and laws applicable to land use and defines the exact boundaries of each zone.

Advantages and Disadvantages of Zoning

You can’t look at the two cities above and decide if zoning is a good idea. Both Austin and Houston have benefits for their residents, but they also have problems.

Advantages of Zoning

• They protect property values, and sometimes they can increase it because they allow development in that zone.
• Existing blocks and structures can be preserved and maintained.
• Zoning can ensure adequate lighting, privacy, and noise levels in residential areas.
• Zoning can control sprawl to some extent to ensure the availability of affordable housing and other needed services in the area.
• Land use compatibility can be controlled through social and legal measures.

Disadvantages of Zoning

• Individual landowners lose some of the rights that benefit the community.
• Development costs increase, the process becomes more complex, and different areas may require different types of development.
• Zoning can reduce existing property values and delay development due to stricter regulations and fewer permit exemptions.
• Zoning encourages gentrification when it increases the price of buildings, increasing the sale price.
• In areas where zoning exists, residents cannot apply for zoning changes or new construction.

What Does No Zoning mean in Real Estate?

Zoning laws and ordinances regulate the activities that can occur within different areas and set standards for how these spaces should look. Without zoning regulations, businesses would be allowed to open on residential streets or vice versa. 

The widespread adoption of these rules helps ensure that each neighborhood has unique characteristics and feel. Hence, people know which neighborhood they enter when they cross a city limit, county line, or even state border. Zoning laws were created with the best intentions: keeping neighborhoods safe and orderly. 

However, there is one major consequence of limiting how property owners use their land: it reduces competition. If you know you cannot build apartments next door single-family homes because of zoning laws, you are less likely to buy the property next door.

However, there are ways around zoning laws. One way is through land use regulation exemptions. Nearly every community has some zoning law or ordinance on the books that allow certain exceptions to be made for different projects. 

For example

Suppose a city’s ordinances give special allowances for non-profit churches, but someone wants to build an office building on their property after being given a church exemption. In that case, they may have violated local rules even though it might have been legal. These situations can result in lawsuits or fines for landowners, so check with your local planning commission before redeveloping any property granted conditional uses.

Another loophole is through urban planning itself. Even though zoning laws are meant to segregate different activities, professional urban planners have figured out ways to group mixed-use properties. 

For example, instead of making every street in a neighborhood completely residential only or commercial only, an urban planner might zone half the streets for single-family homes and the other half for apartments. 

This is becoming more common as land development costs rise because it allows for smaller parcels of land to be put on the market rather than large swaths that may not fit into any one category.

What Happens if No Zoning Exists?

When no zoning exists, practically anyone can do just about anything with their property. People often assume that if there are no zoning ordinances, then slums will start popping up all over cities, but this would require people to live in unsafe and unhealthy conditions voluntarily. 

And, as we know, people do not like to live in these conditions if they have a choice. So, what tends to happen without zoning is that developers will buy up cheap land on the outskirts of town and build whatever they please. 

This could be a good thing if more affordable housing is being created, but it can also lead to problems like traffic congestion and environmental degradation.

The takeaway from all this is that zoning laws exist for a reason: to make sure each neighborhood has its own unique identity and feel. There are ways around these rules, but they can be complicated and costly. If you are thinking about redeveloping a property, be sure to check with your local planning commission before you pay out any money. Developing land without the proper local approvals can lead to fines or lawsuits, so it’s better to be safe than sorry.

How to Understand What Zoning is and what it means for me?

Land zoning responds to local laws (“ordinances”) that divide the land into different zones. They use the properties for only the purposes government allows in that zone. The purpose of zoning is usually to make land use as efficient and realistic as possible.

For example, businesses are more efficient and successful when they perform well. Many people want to build their homes in areas that prohibit industrial uses to avoid proximity to noisy or smelly factories.

Zoning is a law or ordinance of a local or regional government that regulates land use in a particular area. For example, zoning laws can restrict commercial or industrial land use and prevent oil and industrial companies from building in residential areas. They can change or suspend these laws if the development of the land is in the interest of the community’s economic development.

What Problems can arise when Building on Undeveloped Land?

Make sure the proposed house or other structure is not prohibited by local zoning laws and will not cause surprises to neighbor properties. Buying a clean parcel of land can be very exciting. However, if you don’t check the zoning laws before buying, building your dream home, or opening a small business, you may have several restrictions.

It is not enough to know the designation of the land (“residential” for single-family homes, “commercial” for stores or other commercial uses, etc.). You also need to know exactly what uses you can perform and what restrictions apply to you as the owner.

How to find out what the Property is used for?

The property seller (or the real estate agent) should tell you what uses they will give to the property. The zoning map of the area is also useful to know this info. A photocopy of the appropriate zoning map can also be obtained from the municipality’s planning department.

You should also check the zoning map of the surrounding property to ensure that they don’t allow others on the property.

For example, if you don’t want to live near a farm or factory, you should check if you can do these activities on neighboring properties. Also, get a copy of the current zoning map and check it. If you have difficulty interpreting the language of the law or determining its applicability, look for an attorney with experience that can help you.

Local Zoning Laws

Zoning laws vary from city to city—consultation with your municipalities to determine how zoning laws apply to you.

Frequently Asked Questions

How important is it for owners to be knowledgeable about local zoning laws.

Zoning laws determine what you can do with your land.

They are usually not very strict, but if you want to do something unusual, such as a chicken coop or store in your garage, you should check with your municipality first to see if it is allowed. Local planning laws will determine what you can and cannot do if you want to add something to your property.

For example, if you want to put up a fence, planning law will determine the maximum height of the fence and whether you need a permit or an inspection to make sure the project is legal.

Where can I find information on local planning law?

This can vary from area to area, but it is advisable to check with your local authority first. Local authorities can also provide this information online. For example, you can quickly and easily view zoning maps and zoning regulations on the municipality’s official website.

Does zoning affect the land market?

Rezoning laws govern the use and development of land. Even if the application indicates that the land is not restricted, this does not mean that the local zoning law does not affect the use of the land.

If a property has residential use, you cannot use it for commercial purposes. Most municipalities have zoning ordinances, but some counties, like Hampshire County in West Virginia, do not.

What is a zoning ordinance?

A zoning ordinance’s primary purpose and function are to divide a city into zones (or subzones), such as residential, commercial, and industrial, most of which are apart from each other, and the use of property within each zone is fairly uniform. Also:

• Specific provisions on the type of buildings permitted
• Location of utilities
• Restrictions on outbuildings, street layout, etc.
• Size and height of buildings
• Number of rooms

Should I be aware of anything before building on a vacant lot?

Even if there are no restrictions on single-family homes or land use, local or state authorities may require you to build according to local building regulations. This also means that you must obtain a building permit.

Building regulations are generally less strict on permitted uses, but there may be restrictions on permitted building materials.

How does the neighborhood affect property values?

When you first read about them on the Internet, the unlimited possibilities for action seem good. Nevertheless, it should be very remembered that if your property is not restricted, your neighbor’s property is probably not restricted either.

Think about how it affects your property value if they don’t treat their land the same as yours. Without a community association, you can’t stop homeowners from turning their lot into a pseudo lot.

You may find many parking cars on the horizon. There may be a lot of trailers or mobile homes, or you may not find the property attractive.

All people have the legal right to do as they wish with their property. But it can be not easy when someone else’s property’s appearance affects your value. When looking for a property, it’s a good idea to look at surrounding properties and see. If they are ok with their structure.

What is the best use for unencumbered land?

If the land is truly unencumbered, it can be used for various purposes.

A farm is where an individual or family cultivates the land and tries to be self-sufficient. This can include growing their food, raising livestock, and living off the land. They can also live completely self-sufficiently and use solar energy as their main power source. If you want to live in a caravan, you should choose an area without restrictions.

Bottom line

Zoning can have many positive effects on a city. But it is important to remember that zoning laws also have unintended consequences. These regulations can lead to higher housing prices and reduced housing supply. And have historically had a significant impact on racial segregation in metropolitan areas and on affordable housing in general.

It is also important for investors to be aware of the impact of zoning laws. Particularly when seeking exemptions from zoning regulations in certain areas. Even if the government allows certain types of zoning. It doesn’t automatically mean you can build the project you want. As city councils and neighborhood associations can block your plans.

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What Does No Zoning Mean in Real Estate? Understanding Land Use Freedom

In the realm of real estate, “no zoning” signifies an absence of specific land use regulations within a geographical area. Generally, zoning laws are established by local municipalities to organize urban growth and development, segregating residential, commercial, and industrial areas for orderly planning and to protect public welfare. However, certain regions operate without such constraints, allowing landowners the flexibility to utilize their property as they see fit, without the need to adhere to strict land use ordinances. As a result, no zoning areas can present a landscape where various types of buildings and usages coexist closely.

Understanding the implications of no zoning is critical for both real estate investors and property owners. Without zoning laws, there is a potential for a more diverse development environment, providing an opportunity for unique property uses and combinations not commonly found in strictly zoned areas. This level of freedom can be particularly appealing to those seeking to tailor their property to specific needs that do not conform to typical zoning categories. Nevertheless, such freedom comes with its own set of challenges and considerations, as the absence of zoning regulations can also influence property values, community character, and the long-term planning of an area.

Key Takeaways

• No zoning refers to the absence of land use regulations in certain areas, allowing property to be used flexibly.
• The term highlights a contrast with typical zoned areas, where land use is more rigidly defined and regulated.
• While offering developmental freedom, no zoning can impact property values and community planning.

Understanding No Zoning in Real Estate

Navigating the concept of no zoning requires a foundational understanding of what zoning is and its historical context. This section sheds light on zoning’s role in real estate and what happens when properties exist outside of these regulations.

The Concept of Zoning

Zoning refers to the method by which local governments regulate and control land uses within a municipality. It classifies areas for varying types of development and use, such as residential, commercial, or industrial. Zoning laws are foundational to urban planning , ensuring that land is used efficiently and in a way that benefits the community at large. They can control the height and bulk of buildings, the density of housing, and the way land is utilized.

History of Zoning Regulations

Zoning regulations have a varied history, stretching back to early 20th-century attempts to structure urban environments for health and safety. They evolved out of a need to separate incompatible land uses, like factories from residential neighborhoods, to protect residents from noise, pollution, and other industrial impacts. The Supreme Court’s 1926 decision in Village of Euclid, Ohio v. Ambler Realty Co. upheld the legitimacy of zoning laws, cementing them into the fabric of American land use and urban planning.

No Zoning: Definition and Overview

No zoning stands in contrast to traditional zoning regulations, allowing landowners more freedom in the usage of their land. Without zoning regulations, they can typically use their property for a range of activities, from residential to industrial or commercial, provided those uses are lawful. No zoning areas are not subject to specified zoning laws that dictate land use, allowing a factory to be built adjacent to a home, for example. However, this freedom comes with the potential for land use conflicts and can affect the value and enjoyment of the property. It is crucial for those interested in real estate within these areas to understand the implications of no zoning on property use and value.

Legal and Regulatory Framework

In the context of real estate, “no zoning” refers to the absence of specific legal and regulatory restrictions that dictate how a property may be utilized. This section will explore the typical frameworks governing land use and how they affect property development.

Zoning Ordinances and Laws

Zoning ordinances are local laws that strictly regulate land use within a particular municipality, dictating what can and cannot be built on a property. These laws cover aspects such as usage, density, height, and setbacks. They are typically drafted to ensure a community’s safety, health, and welfare and can vary widely from one jurisdiction to another.

Local Governments and Zoning Powers

Local governments possess the authority to implement and enforce zoning laws, often derived from police power or other governmental mandates. They decide the types of zoning categories applicable within their borders, such as residential, commercial, or industrial, through local legislative processes. The powers granted to local governments allow them to shape development patterns in accordance with community goals and to manage land resources efficiently.

The Role of Planning Departments

Planning departments within local governments play a critical role in orchestrating land use regulation. They conduct comprehensive planning, review development proposals, and ensure compliance with zoning ordinances. By guiding land development, planning departments work to achieve a balanced and sustainable environment that aligns with the municipality’s long-range plans.

Benefits and Drawbacks of No Zoning

No zoning laws in real estate have a direct influence on how land can be developed and utilised, impacting both property owners and communities.

Pros of No Zoning Laws

• Freedom of Development : Property owners enjoy a high degree of autonomy without zoning restrictions, allowing for any legal use of their land, which can spur creative and diverse developments.
• Economic Growth : The absence of zoning can lead to faster economic development since land can be used for various purposes without the need for rezoning or obtaining special permits.

Cons of No Zoning Laws

• Potential for Conflicts : Without zoning, incompatible land uses may occur next to each other, such as industrial facilities adjacent to residential neighborhoods, leading to disputes and negative impacts on quality of life.
• Lack of Community Coherence : The absence of a structured plan for land use can result in a haphazard community appearance and can undermine efforts to implement a coherent and aesthetically pleasing community design.

Economic and Community Impact

• Investment Risks and Rewards : Investors may find opportunities in no-zoning areas due to the potential for higher returns, but they also face increased risks if future developments adversely affect property values.
• Quality of Life Considerations : The community’s quality of life can be affected positively by economic prosperity or negatively by haphazard development, highlighting the need for careful consideration of the long-term impact of no zoning laws on the community.

Impact on Different Land Uses

In regions without zoning, land usage isn’t subject to municipal restrictions, presenting unique challenges and opportunities for residential, commercial , industrial, agricultural, and mixed-use developments.

Residential, Commercial, and Industrial Concerns

In areas with no zoning regulations, residential neighborhoods might find themselves adjacent to commercial or industrial uses . Residents may face challenges such as increased traffic, noise, and pollution. Conversely, commercial and industrial entities benefit from the freedom to operate without the constraints typically imposed by land zoning, allowing for strategic placement to optimize business operations.

Agricultural and Open Spaces

Agricultural land can be transformed without regulatory hindrance, meaning farmland could be repurposed for non-agricultural projects, potentially jeopardizing local food supplies. However, this also allows for innovation in land usage and the integration of agricultural spaces within urban settings or as part of mixed-use developments .

Mixed-Use Developments

Without zoning, mixed-use developments , combining residential, commercial, and sometimes industrial spaces, can flourish without the usual requisite zoning changes. This can lead to more cohesive community spaces and can potentially reduce the need for commuting. However, it’s critical that these developments are planned mindfully to ensure a harmonious coexistence of the varying land uses.

Strategies for Property Development

When approaching property development in areas with no zoning, developers and property owners must strategize carefully. Their plans should account for the potential variability in land use and be informed by comprehensive research and collaboration with municipal authorities.

Navigating Land Use Without Zoning

In regions without zoning regulations, developers have the flexibility to propose a wide range of land uses. However, this freedom also comes with the responsibility to ensure that their developments are compatible with surrounding land uses and community needs. Property owners should stay informed about any future planning changes and closely monitor the market to identify optimal development opportunities.

Importance of Due Diligence

Due diligence becomes crucial when purchasing and developing land without zoning restrictions. Prospective buyers should conduct thorough investigations into not only the physical characteristics of the property but also any legal constraints or easements that may be in place. A comprehensive analysis should include environmental assessments, title searches, and surveys to mitigate risks associated with the investment.

Working With Local Planners and Ordinances

Land development, even in no-zoning areas, may still be governed by certain local ordinances and planners. It is essential for developers to understand and comply with these rules, if they exist. Engaging with local planning authorities can provide valuable insights into community plans and infrastructure that could impact the development. Developers should also be aware of the broader implications of their projects on public services and resources.

Real Estate Investment Considerations

When investing in real estate where there is no zoning, investors must evaluate how the lack of land-use regulations can affect property value and property rights.

Assessing Property Value and Potential

Property value in a no-zoning environment may fluctuate more unpredictably than in zoned areas. Investors need to assess the current use of the property as well as future possibilities. Here are key factors to consider:

• Surrounding development : Since land use is not restricted, nearby developments can have a significant impact on a property’s desirability and hence its value.
• Market demand : A property’s potential can hinge on market demand in a no-zoning area. If the demand for mixed-use properties increases, the value could rise.
• Infrastructure : Accessibility to infrastructure such as roads, utilities, and services can affect the property’s utility and attractiveness to potential buyers or lessees.

It is important for an investor to evaluate the highest and best use of a property, given that it has no zoning restrictions to help ensure that the investment aligns with market conditions and potential for growth or change.

Impact on Property Rights and Ownership

Property rights in a no-zoning jurisdiction may afford greater flexibility to property owners. However, this lack of restriction can also lead to potential conflicts or legal disputes. When investing in real estate, consider:

• Land use conflicts : Without zoning, an owner might undertake developments that conflict with the interests of neighbors, potentially leading to disputes that can affect both rights and property value.
• Future changes : Absence of zoning regulations means that the landscape of an area can change rapidly, possibly in ways that undermine an investment’s profitability.
• Regulatory Risk : There’s always a possibility that zoning laws could be enacted in the future, impacting what can be done with the property.

Investors should conduct due diligence on the history of land use in the area and understand the local political climate to assess the risk of future regulations that may impose restrictions on property use.

Case Studies and Comparative Analysis

This section explores real-world implications of no zoning regulations through specific examples and contrasts no zoning areas with zoned regions to understand the broader impacts on urban planning.

Examples of No Zoning Areas

Houston is the most populous city in the United States without a formal zoning code. This unique approach to urban planning has allowed for a variety of developments to coexist in close proximity. For instance, residential properties may be situated adjacent to commercial or industrial buildings. Houston’s case demonstrates the flexibility and potential for mixed-use development present in no zoning areas. However, it also exposes challenges such as less predictable land use patterns and a reliance on other regulatory measures and deed restrictions to guide development.

Comparing Zoned vs. Non-Zoned Regions

In comparing zoned versus non-zoned regions, one observes key differences in developmental patterns. Zoned regions often adhere to a zoning code , a set of regulations governing the types of structures that can be built and the activities permitted in certain areas. These codes are integral to urban planning , providing organised development, ensuring land use compatibility, and managing growth effectively.

Comparative analysis between Houston and cities with strict zoning laws shows that non-zoned regions offer greater flexibility for developers and property owners. On the other hand, zoned regions typically enjoy a level of predictability and order that can contribute to higher property values and improved public satisfaction. Case studies further indicate that the lack of zoning can result in unique challenges, such as potential land use conflicts and increased demand for infrastructural and public services planning.

Frequently Asked Questions

When navigating the realm of real estate , understanding zoning is crucial. This section is dedicated to addressing common inquiries related to the absence of zoning restrictions and their impact on land use.

What are the implications of purchasing land without zoning restrictions?

When land lacks zoning restrictions, purchasers have the flexibility to use the property for various purposes, whether residential, commercial, or industrial. However, this freedom can also lead to unpredictable developments nearby, which may affect property values and quality of life.

How do zoning codes impact real estate development and investments?

Zoning codes delineate allowable land use within designated areas, which influences real estate development patterns and investment decisions. These regulations can drive property values and determine the feasibility of projects for developers and investors.

Can you explain the most common types of zoning designations?

The most prevalent zoning designations include residential, commercial, industrial, and agricultural. Each category comes with its own standards, such as the type of structures permitted and the activities allowed on the property.

What role does a zoning ordinance play in real estate development?

A zoning ordinance outlines the legal framework for land use within a municipality, establishing the types of developments allowed in different zones. Compliance with these ordinances is mandatory for real estate developers when planning new projects.

How can buyers effectively use property zoning lookup tools?

Buyers can utilize property zoning lookup tools to ascertain the zoning designation of a parcel of land, which informs them of the permissible land uses and restrictions. This knowledge aids buyers in making informed decisions that align with their intended use of the property.

What advantages do zoning laws provide to homeowners and communities?

Zoning laws safeguard homeowners and communities by preserving the character of neighborhoods, preventing incompatible land uses, and promoting orderly growth. They also help in protecting property values and ensuring that infrastructural services are adequate for community needs.

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Nina Sheridan is a seasoned author at Latterly.org, a blog renowned for its insightful exploration of the increasingly interconnected worlds of business, technology, and lifestyle. With a keen eye for the dynamic interplay between these sectors, Nina brings a wealth of knowledge and experience to her writing. Her expertise lies in dissecting complex topics and presenting them in an accessible, engaging manner that resonates with a diverse audience.

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What is Zoning and How Do Zoning Laws Affect Your Property?

Zoning refers to the set of municipal or local laws and regulations that dictate how the land can be developed and what functions the zoned land can serve. For example, zoning laws can determine what kind of businesses can open near your home, whether you can build a fence in your backyard, and even how affordable housing is. These ordinances can be confusing, but they can significantly impact your life and property. So whether you’re buying a new house, thinking of opening a business, or considering making home improvements, it’s essential to know the local zoning laws in your area and understand how they work.

How to view zoning information on Redfin.com

Zoning information is available for most U.S. properties on Redfin.com and the Redfin iOS and Android apps. This includes zone codes, names, descriptions, allowed development types, Accessory Dwelling Unit (ADU) regulations, and permitted and conditional land uses.

• Search for homes in a region of your choice.
• Click on a home to view its details.
• Navigate to the 'Public Facts and Zoning' section.
• Click the 'Zoning' tab.

What is zoning?

Zoning refers to municipal or local laws and regulations that govern how the land can be developed and what purposes the zoned land can serve. For example, one zoning district may be designated for single-family homes, while another may be designated for businesses. There, of course, can also be zoning districts that allow for both commercial and residential use.

It's important to note that zoning laws differ from the regulations of a homeowners association (HOA). While the rules of an HOA can affect your property usage set by private organizations, they are not made by a local government.

Types of zoning classifications

Zoning classifications determine what a piece of land can be used for. The most common zoning classifications include residential, commercial, industrial, agricultural, mixed-use, institutional, open space, planned-unit development, and historic. Keep reading to learn more about each classification.

Residential

Municipalities typically have multiple residential districts based on the types of residences within them. The main differences often deal with whether the sections are made up of single-family or multifamily homes. Single-family homes are detached structures that house only one household. Multifamily homes are buildings that house more than one family or household (e.g., duplexes, townhomes, or apartments). The rules that govern these properties differ depending on the specific type of residential district. For example, a single-family home in a more secluded subdivision will have different zoning requirements than an apartment building in the middle of a city. A zoning code can look like R-1, which means a single-family household with a maximum of one household per lot, and R-2 can mean two or three-family homes with a maximum occupancy of three homes per lot.

Commercial zoning can be found in a city's business district for shopping centers, offices, restaurants, and anywhere people go to work and spend their money. The proximity of business zones to other zone types depends on the businesses in the area and the typical vehicle traffic. Commercial zoning can limit the height, design, parking, and purpose of a building on a specific lot of land.

Industries requiring light, medium, or heavy equipment can occupy land zoned for industrial use. You'll find warehouses and manufacturing facilities in these areas, which are typically zoned away from residential land.

Agricultural

The existence of an agricultural district in a municipality depends on the presence of farming in the area. Agricultural zoning is for farming industries to protect farmland from other uses and allow farms the space to operate.

Multiple usages of a property can accommodate in the same district under mixed-use zoning. There needs to be established compatibility between the uses to permit it. An example of mixed-use zoning is when buildings have residential units in the upper stories and retail on the ground floor. This type of zoning is expected in downtown areas.

Institutional

Institutional zoning typically includes schools, libraries, museums, places of worship, and public recreational facilities.

Parks, vacant lots, and undeveloped land are protected under open space zoning.

Planned unit development (PUD)

A large sub-division is usually created as a PUD. Different land use options can be part of this zoning clarification.

Historic zoning regulations protect historic structures in a given city. If you're thinking of buying a historic home, you should be aware that you may have to comply with a layer of oversight and regulation.

Standard zoning terms to know

Accessory uses: A secondary structure that does not serve the primary purpose of the land. An example is a detached garage.

Density: The number of developments allowed per acre.

Floor Area Ratio (FAR): How much floor space a structure has compared to its lot size.

Parking minimum: Some structures may require a specific amount of off-street parking.

Setback: The distance between the structure and the lot's boundaries. In some areas, the building will need a specific number of measurements from the perimeter.

Nonconforming use: When zoning regulations change, a structure can be deemed nonconforming. A period of time, called amortization, is given for the structure to comply with the new zoning regulations. An example is an existing home that is 30 feet from the road would become nonconforming if a municipality newly requires a 40-foot setback between houses and roads.

Municipal codes: Laws that the local government enforces. If you're wondering if you can have farm animals on your property or short-term rentals, this is the place to look.

Variance: A variance is an exception granted by the local government to zoning regulation.

Effects of zoning on your property

Zoning regulations can have significant effects on your property, especially if you’re looking to make changes or improvements to it. Do you want to start a business or add an accessory dwelling unit? You'll have to ensure that land use is permitted for those types of structures by paying attention to the zoning codes.

Permitted and conditional land uses

There are permitted and conditional land uses for each property. 'As of right' permitted land uses are those which are allowed with no special conditions or permits. These can include detached units like a garage addition and ADUs. On the other hand, in order to develop a conditional use of land, there needs to be local approval, which may require a special permit. Conditional land uses can include running an equestrian facility or any business operating from your home.

If you’re wondering if you can have farm animals like chickens or horses, you’ll need to check with your local municipal codes. As an example, in Kirkland, WA, chickens are prohibited in multi-family zones and have restrictions in residential zones. In these residential areas, chickens are permitted in low-density zones on lots with an area of less than 35,000 square feet.

Redfin displays permitted and conditional land uses alongside other zoning information on home details pages.

Accessory Dwelling Unit (ADU)

An independent residential structure on the same lot as a single-family home is called an accessory dwelling unit. An ADU can be an attached addition to the home or a detached structure (DADU). Across the country, ADUs are gaining in popularity due to the financial gain and extra space of owning one. Many homeowners use their ADU as a way to earn passive income by renting them out. Others use the extra space for personal use or to house friends and family. There are many ways you can use an ADU to your advantage while increasing your overall property value.

Many provisions require ADUs to range from 600-1,000 square feet in size. You can find these structures to include basic amenities like a kitchen, sleeping area, and a bathroom, all of which are essential for day-to-day living apart from the main house. It’s important to note that primary residences and ADUs must be owned by the same person in most jurisdictions and cannot be sold separately.

The rules for ADUs vary by jurisdiction. One municipality might have a requirement for the structure height, while another might require the ADU to have its own designated parking space. If you are planning on renting out your ADU or DADU, you may need to acquire additional permits or a short-term rental operator’s license. In most cases, the operator may operate two units: the primary residence and their ADU/DADU, where they don’t live. To learn more about short-term rentals, visit the business regulations section on your official local government site.

Exceptions to zoning laws

A property may be used in a way that it wasn't initially zoned for if a variance or conditional use permit is obtained. If zoning laws have changed over time, it's possible that a property that used to meet zoning regulations no longer does but is allowed to remain as-is and is considered legally compliant. This is referred to as the legacy clause or the grandfather clause and is in place to protect tenants from changes in zoning ordinances. No zoning laws are set in stone; they are meant to adapt to city changes and circumstances.

Zoning laws may have changed since you last looked, and it's important to know what restrictions are in place before you begin any work. Permits may also be required, so factor those costs into your budget. So whether you are looking to add an ADU or operate a business from your home, Redfin has the data for your property’s land use and zoning resources to help you get started.

History of zoning

Zoning grew in popularity in the early 20th century. It was introduced as a way to protect the well-being of a community. For example, some zoning laws ensure people don't have to live close to places like factories that are noisy and produce harmful chemicals, which could potentially damage their health and lower the value of their property.

There are many valid reasons why local governments want to exert some control over what kinds of structures are built where. And while zoning can help achieve valuable social goals, it has also come with many negative consequences like exclusionary zoning policies.

Exclusionary zoning

Exclusionary zoning has been around since the early decades of the twentieth century. It utilizes land use and building code requirements to keep affordable housing out of neighborhoods. These practices can limit lower-income people's access to housing, education, and employment opportunities found in wealthier neighborhoods. Some methods were overtly discriminatory and ruled unconstitutional by the U.S. Supreme Court; however, the effects of those practices persist today.

Impacts of exclusionary zoning

You can find the impacts of exclusionary zoning in neighborhoods and cities around the United States. It can restrict multi-family construction, like townhouses and apartment buildings in most suburban communities. You’ll notice that in these neighborhoods, the zoning laws permit single-family homes on large lots - not allowing for more development. Exclusionary zoning can limit the minimum square footage requirements, height limits, parking requirements, historic preservation, and lot sizes, increasing the prices of these homes and pricing out lower-income residents. Exclusionary zoning isn't just a problem with single-family homes. Height and density limits placed on apartment buildings can also reduce the number of units that can be built. In cities where there is a high demand for housing, less new housing means that prices will go up. These types of regulations, though facially neutral, can have a discriminatory impact by restricting the supply of affordable housing available.

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Home | Land University  |  Land University Blog  | Zoning Restrictions VS. Deed Restrictions

Zoning Restrictions VS. Deed Restrictions

Zoning Restrictions often wreak havoc on eager home owners. And we get it. The word restriction is in the phrase. The same is true for Deed Restrictions, which are contractual agreements restricting property owners from using their land in particular ways. In fact, many people think zoning restrictions and deed restrictions are one in the same. This couldn’t be further from the truth. But have no fear, LandCentral is here! We sifted through the boring stuff and are ready to give you the gist on their differences. So check out LandCentral’s Zoning Restrictions vs. Deed Restrictions:

First, what are they?

Zoning restrictions – A restriction on land. A zoning restriction dictates the way land in a jurisdiction can be used. Zoning helps maintain order in communities. For example, zoning will make sure a strip club will never be positioned right next door to an elementary school. Don’t want a busy gas station in the middle of your neighborhood? You can thank zoning restrictions for that.

Deed restrictions – A restriction on property. Also known as Restrictive Covenants, deed restrictions are actual contracts made between property owners, the developer and other property owners living in that area. Ever heard of a Home Owners Association (HOA)? Yep, this is them. Deed restrictions can govern fence heights, home color, and even the amount of trees allowed on a property.

So what’s the difference?

In a nut shell, wiggle room. Where home owners can choose to abide by the deed restrictions when they buy the home or work to amend them after they move in, zoning restrictions are more set in stone.

How are they drawn up?

Zoning restrictions – typically drawn up before any structure is built on a lot. Usually when the land is parceled off with certain property lines, the zoning restrictions are set. Ever seen raw land for sale with the sign stating “Commercial lot”? This means that vacant lot has been zoned for a business establishment. Meaning you can’t ever build a home there. Zoning restrictions are pretty cut and dry and you know what you’re getting into before you sign papers.

Deed restrictions – Typically drawn up when the person who owns the land (granter) is selling the land to the buyer. The deed is created to protect property value. Developers usually throw in deed restrictions to maintain the vision of their planned subdivision. They then rely on a HOA to enforce the restrictions once they’re out of the picture.

With zoning restrictions, home owners have less power in changing the zoning of a lot. Where deed restrictions can be amended if all neighbors agree, zoning restrictions cannot.

Do all properties have zoning and deed restrictions?

Zoning restrictions – Yes and no. Some states in the U.S. (Kansas, Louisiana, Indiana, Missouri, South Dakota, Texas) have less regulated properties. This doesn’t mean they aren’t zoned, but simply the properties found in these particular states don’t have a high demand for development anyway, so no one’s bothered to heavily restrict their zoning. Basically, if you’ve got property lines, that property has zoning. It’s just the enforcement of these restrictions will vary.

Deed restrictions – Yes and no. While all HOAs come with deed restrictions governing what is and isn’t allowed for your property, even homes without HOAs can still have deed restrictions attached to the developer of that lot. The ‘No’ comes in if that lot was developed decades earlier and no longer exists. Then you have no one left to really enforce your regulations, meaning the lot is going to be less regulated than existing HOA properties.

Check out the different types of zoning in the U.S.

Are they Amendable?

Zoning restrictions – Yes, but not easily. To change the restrictions on your zoned lot, you’d have to change the zoning completely. And like most things in the human world, they don’t make it easy. Check out this “easy” guide to Rezone a Property .

Deed restrictions – Yes. The ease of this task will be determined by just how cooperative your current HOA is and whether it’s a change others in your area are also in favor of. Say you want to be able to put in a pool in your backyard, but your HOA restricts pools. If the majority of your neighbors also want to put in a pool, that change is more likely to happen. But if you want to be able to park your junky old trailer on your front lawn, but your HOA restricts long-term parking of unusable vehicles, then that eyesore is likely not getting that permanent parking. Get the gist?

Where to find them?

Zoning restrictions – Zoning ordinance is public record. Simply locate your Local Zoning Office and you’ll find out what your lot is zoned for and any restrictions that come with it.

Deed restrictions – Easy peasy. Simply locate your property’s deed. Don’t have it? Visit the County Land Records Department in your county. If you have an existing HOA, check out this quick video to walk you through How to find your deed restrictions.

Do they ever expire?

Zoning restrictions – No, because there’s really no point. If a lot has been sitting there vacant for years and a builder wants to build outside of the zoning restrictions, they would simply make a case to obtain a zoning exception. So long as it doesn’t impede on the surrounding lots’ zoning, it is usually granted. This can be done in a number of ways: A special use permit , a zoning variance , or the pain staking path of changing the zoning completely.

Deed Restrictions – Sometimes. In some cases, there may be a specified expiration date on the deed, but this is rare. There are instances where there will be a time limitation set on a number of years. This information will be in your deed itself, so it’s really a case-by-case situation. If it is expired or the time limit is up, this means you can safely violate the deed restrictions without fear of legal ramifications.

So there you have it, LandCentral’s Zoning Restrictions vs. Deed Restrictions. While they seem similar in the way they restrict the use of property, just remember: zoning restrictions restricts the land use itself, whereas deed restrictions restricts more the land owner. While all properties come with restrictions, some are better than others. And some of the better ones are being sold right here, on LandCentral .  

Related posts:

• What Is An Easement And How Can It Affect Me?
• Steps to Putting a Manufactured Home on Your Property
• Zoning for Beginners: 6 Easy Basics
• How to Mark the Property Lines of Your Land

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What Is a Zoning Ordinance?

Zoning types, how a zoning ordinance works, exceptions to zoning laws, what are the disadvantages of zoning, what are the advantages of zoning, do zoning regulations contribute to the housing crisis, the bottom line.

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Zoning Ordinance: Definition, Types of Regulations, Pros and Cons

Erika Rasure is globally-recognized as a leading consumer economics subject matter expert, researcher, and educator. She is a financial therapist and transformational coach, with a special interest in helping women learn how to invest.

A zoning ordinance is a rule that defines how property in specific geographic zones can be used. Zoning ordinances detail whether specific geographic zones are acceptable for residential or commercial purposes. Zoning ordinances may also regulate lot size, placement, density, architectural style, and the height of structures. Zoning ordinances also describe the procedures for how to handle any zoning rule infractions (including any penalties).

Key Takeaways

• A zoning ordinance is a rule that defines how property in specific geographic zones can be used.
• Zoning ordinances may also regulate lot size, placement, density, and the height of structures.
• Zoning rules vary greatly by region, but their most general, shared purpose is to separate residential property use from commercial property use.

The main types of zoning are industrial, commercial, residential, and agricultural. Other types of zoning used in some municipalities include historic, school, hospital, and airport zoning. Within the main categories, there are usually designations for density of units. For example, in some areas, residential zoning includes designations like R-2 for up to two residential units per acre or R-4 for up to four residential units per acre. Designations like R-2 and R-4 mean very different things depending on the municipality, so check with your local zoning office to see what it means in yours.

The process of zoning consists of dividing a particular region of land into districts or zones, then specifying the types of land uses that are allowed or prohibited for each zone. This is generally performed by a municipal corporation or county. Zoning rules vary greatly by region, but their most general, shared purpose is to separate residential property use from commercial property use.

Municipal governments can institute highly specific zoning ordinances to influence the nature of a district or neighborhood in its municipality. For example, by designating several neighboring sections of a city strictly for residential use, residents of that region will experience less traffic and noise pollution in their environment. Zoning ordinances are also used to preserve the architectural integrity of the buildings in a specific area. If a municipality wishes to maintain the historic appearance of a part of town, zoning ordinances can be used to limit real estate construction there so that all new buildings must be of comparable height and square footage with the historic buildings.

Local Specificity

Zoning designations vary wildly by state, county, and municipality. If you are confused about zoning laws in your area, the first step is to check with your county’s or municipality’s zoning office, sometimes referred to as your land use office. You may need to consult with a local real estate attorney if you have an issue with zoning.

Changes to zoning ordinances can create tension among current and prospective residents and landlords of property in the zoned region. For example, this may be the case if a new business plans to move to a specific city, only to discover that the zoning rules have changed in the geographic region of the property that they intended to occupy.

Grandfather Clause

As a result of new zoning ordinances, commercial properties may be forced to switch to residential properties and vice versa. In some instances, existing tenants may be forced to relocate because of these changes. However, zoning ordinances sometimes contain legacy clauses , also referred to as grandfather clauses. Legacy clauses exempt existing tenants from being impacted by any changes to the current zoning rules, provided that they were already residing in the zone by a specified date. This process of being exempt from new rules and regulations is also referred to as being “grandfathered in.”

Certain exceptions allow properties that do not meet the requirements of a zoning ordinance to still be established in those respective geographic zones. If an ordinance changes a zone that once allowed commercial businesses to operate to a residential-only zone, then some small, local businesses may be allowed to stay open because of a legacy clause.

Zoning Variance

New businesses also have the option of applying for a variance. A variance is a request to deviate from current zoning rules. If the variance is approved, the new tenant can move in and operate regardless of the zoning ordinance.

Traditional applications of zoning ordinances geographically separate residential neighborhoods from where people work, shop, and play, making residents dependent on cars. Those who would like to move away from the high economic and environmental costs of transportation advocate for integrated, walkable neighborhoods with less rigid zoning ordinances.

When done properly, zoning allows cities to grow sustainably for generations. By setting aside areas near schools or airports or hospitals for future expansion, cities are able to build their communities responsibly.

Low-density residential zoning regulations have contributed to the housing crisis in areas with limited opportunities for expansion. Formerly small cities that have exploded in population, like Palo Alto, Calif., are full of areas zoned for low density. If they stay low density, then their housing crisis will continue to worsen. However, locals in these low-density areas usually strongly oppose any proposals to build more dense neighborhoods.

Zoning ordinances exist to help cities keep their character as they grow. They prevent a factory from being built in your backyard or a residential high rise from being built miles away from any transportation hubs or roads built for high capacity. As populations rise globally, particularly in urban areas, cities will need to adjust some residential ordinances to allow for higher-density housing.

Palo Alto Online. “ By Curbing ‘Planned Home’ Zone, Palo Alto Steers Housing Plans Away from Single-Family Neighborhoods .”

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In towns with no zoning, reopened Supreme Court decision has big implications for Act 250

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A recent decision issued by the Vermont Supreme Court would change the way Act 250, Vermont’s sweeping land use and development law, functions in towns without zoning and subdivision regulations. 

If it stands, the decision related to a proposed stone quarry in Cavendish would exempt certain commercial and industrial projects that Act 250 has historically covered, reversing the way the act has been administered for 50 years. 

The ruling by the five justices was unanimous. The court has reopened the decision for reargument, and four parties have opposed the court’s decision. 

Opposing groups include two that were originally involved in the case — the appellant and the Natural Resources Board, which administers Act 250 — along with the Vermont Natural Resources Council and seven former Environmental Board and Natural Resources Board chairs. 

Currently, in towns with minimal land use laws, commercial and industrial developers need an Act 250 permit when they’re constructing projects on a parcel of land that is, in total, 1 acre or larger. 

Under the new interpretation of the law, Act 250 would be triggered only if a developer used — physically disturbed — an acre or more. 

“The act does not seek to subject every decision regarding land to government scrutiny or impose restrictions on the alienation of land for their own sake,” said the decision written by Vermont Supreme Court Associate Justice William Cohen. 

The Vermont Natural Resources Council, which objects to the decision, argues that the interpretation would allow developers to construct any project with a footprint smaller than 1 acre — 43,560 square feet — in towns with few other means of regulating them. A football field, for comparison, is about 1.32 acres. 

The decision doesn’t align with the Legislature’s intentions when it created Act 250, says an amicus brief filed by the council. 

The legal case around the Cavendish stone quarry has been going on since 2017. A local Act 250 district coordinator decided the quarry needed a permit, then the Environmental Court decided it didn’t. Neighbors appealed the case, which went to the state Supreme Court, which upheld the Environmental Court’s decision. 

“If it stands, the new interpretation of (the statute) is an open invitation to design projects that physically disturb less than 1 acre for virtually any type of construction or development — gas stations, convenience stores, shooting ranges, chain restaurants and stores, and anything else a creative developer can imagine,” says a motion to reargue, filed attorney Merrill Bent with the law firm Woolmington, Campbell, Bent & Stasny.

An attorney for Snowstone LLC, the company looking to construct a stone quarry, was not available for comment. A call to the landowners’ attorney was not returned.

‘On more than 1 acre of land’

Act 250, enacted in 1970, was spearheaded by then-Gov. Deane Davis, a Republican, when the burgeoning ski industry prompted rapid development , particularly in southern Vermont.

It was intended to curb “unplanned, uncoordinated and uncontrolled” uses of land and “protect and conserve the lands and the environment of the state to (ensure) that these lands and environment are devoted to uses which are not detrimental to the public welfare and interests,” the court decision said.

Developers constructing large projects that come under Act 250 review must work with one of the state’s nine regional district environmental commissions, which weigh 10 points of criteria . 

While critics of the law have expressed concern that it can suppress economic growth in the state, it’s also widely credited with helping to protect the rural and wild qualities of Vermont.

The change stemming from the court ruling hinges on the interpretation of a single clause in the act’s definition of “development.” 

Act 250 works differently in towns that have existing zoning and subdivision laws — called 10-acre towns —  and towns that don’t. In 10-acre towns, developers must apply for a permit if they want to build on a parcel of land that is 10 acres or larger. 

The threshold is purposefully lower for towns without land use regulation. There, developers need an Act 250 permit if they’re constructing “improvements for commercial or industrial purposes on more than one acre of land.” 

That raises the question: What, exactly, does “on more than one acre of land” mean — and what is the threshold for triggering an Act 250 permit?

“We find the language unambiguous, at least as it applies to the facts presented in this case,” the court decision reads. “‘The construction of improvements for commercial or industrial purposes on more than one acre of land’ refers to the land actually used for the construction of improvements, rather than the size of the parcel on which the construction of improvements will be located.”

Both the Vermont Natural Resources Council’s brief and the appellant’s motion to reargue the case said the language in the statute is clearly saying the opposite. In effect, they argue that the threshold for triggering a permit should be lower than what the court has found. 

Act 250 “does not indicate that the construction or improvements must themselves exceed one acre of land to trigger jurisdiction, but rather states that they must be on more than one acre of land,” the neighbor’s motion to reargue said.

Greg Boulbol, general counsel of the Vermont Natural Resources Board, which administers Act 250, said if that interpretation “were to go into practice, it would change the way that Act 250 jurisdiction is triggered in one-acre towns.” 

Boulbol said that, at the moment, the decision would affect a “relatively small number of cases” currently being processed by the board, but that could change. 

Loopholes and lemonade stands

Almost half of Vermont’s towns — 45% — are treated as 1-acre towns under Act 250, and those towns cover roughly 2 million of Vermont’s 6 million acres, according to an amicus brief filed by the Vermont Natural Resources Council. 

In the Northeast Kingdom, 78% of municipalities have minimal or no zoning or subdivision regulations, according to the council’s brief. Nearly two-thirds of the 27 towns that are part of the Windham Regional Commission are considered 1-acre towns. 

In those regions, “commercial development that was intended to be covered under Act 250 may receive no environmental review at all,” according to the neighbor’s brief to reargue. 

Cohen’s decision suggests the current interpretation of the law is overly burdensome. The decision gives an example: If a Vermonter owns 1,000 acres of pristine forest and wants to construct a commercial or industrial operation on one of those acres, the landowner would be required to undertake “the burdensome and costly requirements of the act.” 

“Every lemonade stand on a parcel larger than an acre could need an Act 250 permit,” Cohen wrote. 

However, the Vermont Natural Resources Council wrote that legislators designed more stringent regulation for 1-acre towns, in part, to nudge municipal bodies to enact their own zoning regulations. The decision may “incentivize some towns to do the opposite and rescind regulations in order to reduce state environmental oversight,” it said. 

The council’s brief warns that the decision could also invite developers to “deliberately design commercial and industrial projects in one-acre towns to fall under the one-acre threshold of disturbance, creating a loophole in Act 250 that never existed.”

David Snedeker, executive director of the Northeastern Vermont Development Association, said he hadn’t previously heard about the decision, but said residents of the Northeast Kingdom might feel one of two ways about it. 

“There’s going to be probably many people in the development community that are going to look at this and be quite pleased that they don’t have to get an Act 250 permit,” he said. “But then you’re going to have other communities that sometimes rely on Act 250 as kind of an extra layer of protection, in addition to their local zoning, if they have it or not.” 

There could be concerns that the loosened regulation could change the character of the area, Snedeker said. 

He’s been living in the area since 2002, and his experience is that it’s a “pretty pro-development region overall.”

“I can see people and communities reacting very differently to this decision,” he said.

‘Do I need a permit?’

What puzzles Ed Stanak, a former Act 250 district coordinator who worked in Washington and Lamoille counties, is that the court could have reached the same decision — that the parcel where the project was proposed is smaller than 1 acre, and therefore did not need an Act 250 permit — without introducing the new interpretation of “one-acre towns.” 

“For reasons which many of us do not understand, Justice Cohen then went on to open up this very serious problem,” Stanak said. 

Stanak expressed concern about the administrative side of the new interpretation. Most of his work on Act 250 was with small-time developers who needed only minor applications, he said. The first step, he said, was addressing the question, “Do I need an Act 250 permit?”

“For over 50 years, the threshold question was, ‘How much land do you own? Is it more than an acre in size?’” he said. “If the answer was ‘yes,’ then we could roll up our sleeves and begin to talk with the person about the practical aspects of getting an Act 250 permit.”

Now, he said, the landowner would likely have had to determine the exact size of a project — a process that would likely require an engineer — before a coordinator can discuss next steps with them.

“This will increase the cost for the small person. It increases the cost for them just to find out, for God’s sakes, if they need to get a permit,” he said.

“From my perspective, this is a body blow to Act 250,” he said. “It has very serious implications in the rural areas, which benefit the most from Act 250 review.”

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VTDigger's energy, environment and climate reporter. More by Emma Cotton

Unrestricted Land: 11 Things You Must Know In 2024

When you hear the term “unrestricted land,” you may not know what to think initially.

While unrestricted land means that the land doesn’t have the same restrictions that a homeowner’s association ( HOA ) may impose, that doesn’t mean that it’s free of restrictions altogether .

Before you purchase unrestricted land, read below!

You must know these top things before you jump in.

1. What is unrestricted land?

At first glance, “unrestricted land” may sound like you can do whatever you so please with it.

Unfortunately, a plot of land may not have any direct restrictions from an HOA.

However, there are still a variety of restrictions that may apply.

The most popular types of restrictions that you should note include deed restrictions, easements , and county zoning regulations

2. How do deed restrictions come into play?

Deed restrictions are written agreements that limit the use or activities that take place on a property in a subdivision .

The purpose of deed restrictions is to preserve the character of the property by keeping out commercial and industrial facilities.

We’ll walk you through some of the common deed restrictions you may run into.

This could have to do with architectural aesthetics, roof colors, fences, mailbox styles, space between homes, etc.

Deed restrictions for unrestricted land may also mean that the property can only be used for single-family homes.

Be wary of this if your intentions are rooted in business.

You’ll want to know what could restrict you after you’ve purchased the land.

Some deed restrictions can limit the type and number of animals you can have on your land.

Commonly, this would apply to livestock, such as goats, chickens , and pigs.

Even outside of HOA-controlled neighborhoods, this type of deed restriction is common.

So, don’t purchase land flippantly and expect to open up some sort of farm.

A deed restriction can easily prohibit certain breeds of pets, a certain number of pets on the property, or where pets are kept (inside versus outside).

Deed restrictions can often prevent you from conducting any business in your home or on your property.

This type of restriction is often made to limit the amount of traffic in residential areas.

In addition to the structural limits that deed restrictions place on a home, there may also be limits on external structures .

If you plan to add extra garages, detached workshops, pools, or pool houses, then it’s worth checking on the deed restrictions of the property.

These always have the potential to limit your property.

There are often deed restrictions on certain types of vehicles.

For example, motor homes, motorcycles, and boats are some of the most common deed restrictions to unrestricted land.

Additionally, if you have a non-working car, you may be prohibited from storing it in front of the property.

3. What are easement restrictions?

An easement allows someone to use a piece of your property for a specific use .

For example, an access easement allows the easement holder to use a portion of your land to access their property.

This kind of easement often shows up if a neighbor has landlocked property .

Other common easements are as follows:

If there is an easement on your property, you cannot prevent the easement holder from using your property as allowed under the agreement.

You may also be restricted from building or developing on the easement if this will prevent the easement holder from using the easement as intended.

Keep in mind that easements can be difficult to find if they are not listed in your deed; however, your title company should be able to research them for you.

They will then generally list all easements as exceptions in your policy if you purchase title insurance.

Bottom line, when you’re doing due diligence on unrestricted land, be sure to discuss all of the following potential easements and how they may impact the property with your real estate agent or attorney.

4. Can zoning restrictions impact the land you purchase?

Local zoning restrictions dictate how properties are used and developed.

Your land may be advertised as unrestricted but that doesn’t mean that local zoning regulations won’t impact how it can be used.

If it’s zoned as “residential,” you won’t be able to use it for commercial purposes.

To find the zoning regulations for a property, you can call your local zoning office, city hall, or other local planning board to obtain a copy of your local ordinance or discuss your property’s zoning designation .

While most local jurisdictions do have zoning ordinances in place, there are some counties, such as Hampshire County, WV, that do not.

So, if you want truly unrestricted land, you should research counties in your area that do not have any zoning regulations .

5. How can the neighborhood impact the value of your property?

Unrestricted land sounds great when you first read about it online.

However, it’s crucial to remember that, if your land is unrestricted, then your neighbor’s land is likely unrestricted too .

Think about how their land can impact the value of your property if they don’t treat it as well as you do.

Here’s what we mean.

Without restrictions, there’s nothing stopping homeowners from turning their lots into a pseudo-junkyard .

They may have multiple cars rusting away in plain sight.

They may have numerous trailers or RVs, or they may just have a property that lacks general curb appeal.

While it’s everyone’s right to do what they wish with their property, it’s also difficult when someone else’s property appearance can affect your property’s value .

It’s not a bad idea to drive by neighboring properties while you’re looking at land and note the general upkeep.

You’ll likely have to deal with neighbors, and they can either enhance your property, or they can be a property value drainer.

6. What should you know before building on unrestricted land?

Even if a parcel of land has no HOA or zoning restrictions, the local municipality or county may still require you to build according to their local building code .

This will also mean that you will need a building permit in order to build.

Building codes are often not restrictive when it comes to allowable uses, but there may be limits on the kinds of building materials you can use .

For example, it’s often hard to get permission to build a unique kind of structure, such as a straw bale or container home .

There may also be requirements around minimum home sizes or permanent foundations, which will limit your ability to place a tiny home , camper, trailer or RV on the lot.

7. What should you know about tree removal?

For anyone who has lived in a neighborhood with an HOA, you know that there are often restrictions on tree removals.

However, these restrictions may also exist on vacant lots of unrestricted land.

This limitation may be imposed by the state department of environmental protection (or a similar agency).

These restrictions are designed to protect natural resources or the mature trees that an endangered species needs for shelter or nesting.

Sometimes only trees of a certain size or type will be prevented from being removed from the property.

If your plans for the property are contingent on tree removal, it’s important to know what types of limitations may exist for the property before you buy it .

8. Can deed restrictions be changed?

Deed restrictions are attached to the property in question.

Generally, this means that they cannot be changed or removed by subsequent owners .

However, there are a few ways that deed restrictions can be terminated.

For instance:

Some deed restrictions have a built-in expiration date .

If that date has passed, you’re good to go!

If no one is enforcing the deed restrictions (i.e. the original Homeowner’s Association is defunct) or the restrictions seem outdated, you can seek a judge’s ruling to have them removed from the property.

When a property is condemned, deed restrictions are often wiped out to ensure that the public entity can use the property for the intended public use.

9. Do all unrestricted lands have deed restrictions?

After reading about all the ways that unrestricted land may be restricted – especially through deed restrictions – you may be hesitant to pursue land at all.

However, it’s important to remember that it is possible for the land to be entirely free of limitations.

There are plenty of properties that do not have deed restrictions, and at least a few counties with no zoning regulations.

Don’t let the concept of deed restrictions stop you!

10. What is the best use of unrestricted land?

If your land is truly unrestricted, then you’ll have a lot of options in terms of use.

Here are a few that you may enjoy looking into.

A homestead is a place where a person and/or family cultivates the land and attempts to be self-sufficient.

Thus, you can grow your own food , raise livestock, and live off of the land .

You could also choose to live entirely off-the-grid with solar power as your primary source of energy.

For anyone looking to live in a mobile home , you’ll find that unrestricted land is your best bet.

In general, HOAs do not allow mobile homes on the property .

Many HOAs won’t even allow you to park or store your RV on your lot, much less live full-time in an RV .

So, you will need a parcel of land free of HOA restrictions if you want to bring your RV to your property.

However, keep in mind that many states and localities do not allow full-time RV living outside of designated RV parks and campsites.

So, do your research!

Unrestricted land is often the best way to live the tiny home life – unless you want to buy a plot in an existing tiny home community.

The most difficult part of owning a tiny house is deciding where to build it because of varying state laws and regulations.

Because tiny homes are still so new, the building codes in most states and localities haven’t been amended to allow for them.

This is especially true of tiny homes on wheels, which are classified as RVs and often face the same restrictions on full-time living as RVs.

Looking for another use for your unrestricted land?

Consider farming, timber sales , or livestock raising.

Even if you’re not using these for homesteading, they can be a great way to provide for yourself and your family.

11. How do I find unrestricted land?

Unrestricted land is often advertised just like other pieces of land.

Unrestricted land is attractive to buyers because it can be used for so many purposes, so agents often advertise it right in the description.

You’ll see these lots sell quickly, so jump on them if unrestricted land is what you’re after.

What’s most important when you’re finding unrestricted land is doing your due diligence before you settle on it.

As we’ve noted in this blog, “unrestricted” land can have restrictions on it.

These restrictions are often permanent; therefore, be sure you research all local zoning and building regulations.

You don’t want to get stuck with a parcel of land you can’t use for your intended purpose !

Final thoughts

While unrestricted land can be a great find, it’s up to you and your due diligence to make sure there aren’t any hidden restrictions or limitations .

Between zoning regulations, deed restrictions, and other local laws, it’s up to you to determine if a lot is truly “unrestricted.”

It’s worth it to do the research now .

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Disclaimer: we are not lawyers, accountants or financial advisors and the information in this article is for informational purposes only. This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. Please be sure to consult a legal or financial professional before making any investment decisions.

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8 thoughts on “Unrestricted Land: 11 Things You Must Know In 2024”

This was very informative, and I appreciate that! There were a few things you listed that we hadn’t thought about, so I’m glad I came across your page.

Hello Shenell, I’m so glad our article was helpful. Thank you for sharing!

I am thinking of opening up an outdoor airsoft field in Texas for 2022. I also want to become a real estate agent someday. With this in mind, I was randomly looking at unrestricted land online. Two hours later, stuck down a rabbit hole, I stumbled across this very informative blog. This was well organized and detailed. You have opened my eyes to issues I did not know existed and was able to explain it in a matter that was clear and concise.

Thank you for helping me find clarity at 2 am. I have bookmarked this page and will be on the look out for more of your wisdom.

Thank you for your comment, Marie. I’m so glad our blog has been helpful!

where can I go to get this info by what type of lawyer

Hello Barbara, you would likely want to speak to a real estate attorney.

I have been doing alot of research and spoke with a paralegal today about our neighbors property. Its a long story, but i desperately need help and would love to ask you directly about the problems my family and i are about to have. If you have the time, please email me at [email protected] . My name is Brittany and i am in Rapides Parish, LA. This was so informative, but left me with a few more questions about my current situation. Thank you!

Hello Brittany, I’m afraid I may not be able to offer too much advice, but please feel free to email me (gokcecapital.com/contact-us).

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ZONING VS. NO ZONING: A LOOK AROUND TEXAS

In our last blog, we discussed how zoning and land use regulations impact real estate values. It’s no secret that different types of zoning can affect value in different ways. But what happens when there’s no zoning at all?

Houston is an interesting case study in this area, because the city has no zoning in place. In fact, Houston is the largest US city to lack zoning laws . While Houston is governed by a code dictating how land can be divided, there are no laws dictating land use. 

Many other cities in the Houston MSA have followed Houston’s lead in having no formal zoning, though some have implemented land use controls.

HOUSTON'S ALTERNATIVE PLAN

It’s easy to believe that with no zoning laws, the city of Houston is simply a 600‐square‐mile free‐for‐all. However, the same Houston citizens that voted against zoning laws three times in the past century comply with other sets of rules—some formal and some not.

Many patterns emerge over time as neighborhoods develop, often strengthened by social pressures . For example, it would be strange to see a factory beside a fancy restaurant, or a daycare beside an adult novelty shop. One tends to be less valuable or popular when the other is present beside it.

At the same time, some patterns emerge based on demand. Even without zoning laws, a storefront in the middle of a residential area likely won’t do as well as it would in an area with high traffic.

In a more formal way, local governments provide codes regulating land division. This can be as simple as regulating how large a lot must be to house residents or as complicated as creating parking requirements for different locations and business types.

Homeowners Associations, or HOAs, also make some rules. Everything from paint colors to alcohol consumption can be—and sometimes is—regulated by these groups. As with any regulating body, they vary in their strictness.

The key is that a lack of zoning ordinances by no means signifies a lack of limits, either social or legal, on what’s allowed. Houston’s varied skyline may not be as organized as those of other cities, but there are patterns for those willing to look for them.

AUSTIN CONVOLUTED CODE

Austin, on the other hand, has an abundance of zoning ordinances and land use codes.

At the beginning of the year, the city set out to simplify zoning and promote new areas for affordable housing development. The hope was to meet the city’s goal of adding 60,000 new residential units at or below 80% Median Family Income within 10 years. By clarifying the code, they cut down surprise expenses incurred by owners and developers.

"We kind of layered code on top of one another, and so when a builder or a landowner goes to make changes or build something new on the land, it becomes really complicated and really expensive," says Audrey McGlinchy , an Austin‐based city hall reporter.

The existing code was extensive and hard to understand. Rewriting it in a way that’s more understandable should make development cheaper in the long run because guidelines for growth will be clear cut.

Supporters of the revision are also looking to find leeway for a wider variety of housing available within the city. While there are many places zoned for single family homes or apartment buildings, there are few mid‐sized homes available or homes at mid‐range prices.

While the second reading of the draft was approved in February, a judge then voided the act in March after a group of 19 existing property owners sued. This overruled the first two votes of approval in the name of protecting the property owners’ rights to protest.

PROS AND CONS OF ZONING

It’s impossible to look at the two cities explored above and decide whether zoning is a good idea or not. Austin and Houston each offer benefits to residents and come with their own problems.

Consider these pros and cons of zoning.

Property values are protected, and sometimes enhanced, based on set permissions for what can be built nearby.

Existing neighborhoods or structures can be conserved or preserved.

Zoning can ensure adequate light, privacy, and noise levels in residential areas.

There is some control against gentrification when zoning is used to ensure that housing prices in an area are affordable and within range of other necessary services.

Land use is more controlled for compatibility via legal measures instead of just social.

All individual property owners lose some rights in order for the community as a whole to be better served.

Development costs can increase by complicating processes and mandating structure types in different areas.

Zoning may decrease the value of or slow development in previously existing locations as they navigate more regulations and have fewer permissions for change.

Zoning can sometimes contribute to gentrification if the regulations are such that they raise construction prices and, by necessity, the resulting sale prices.

Residents in areas with pre‐existing zoning ordinances may be less inclined to push for change or new development in the area.

WHAT ZONING HAS TO DO WITH FUSEGIS

Appraisers, brokers, and others in the real estate industry can do their job better if they are aware of existing zoning and regulatory laws in the area with which they work. Those in the Austin area especially can benefit from zoning layers on sata platforms such as FuseGIS as they navigate complicated and sometimes overlapping rule systems.

When a user can accurately identify the zoning ordinances that affect a specific property, they become more valuable to existing and potential clients. 

Interested in finding out how FuseGIS works and how it can make your job easier? Schedule a demo today .

FUSEGIS - EASY-TO-ACCESS DATA FROM RELIABLE SOURCES

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No zoning: Is Houston an affordable housing model or morass?

• Deep Read ( 5 Min. )
• By Henry Gass Staff writer @henrygass

November 17, 2022 | KEMAH, TEXAS

Home prices are cheaper in Houston than in other big U.S. cities. Also in Houston and similar places like nearby Kemah, you can find a house next to a roller coaster; or a house covered fence-to-roof in beer cans; or apartments, town homes, and an elementary school on the same street as a crematorium.

That’s because Houston and Kemah have no formal zoning – an issue that’s coming into focus as cities around the country, and the world, grapple with housing affordability crises. 

Why We Wrote This

Are rules that protect homeowners making the global housing crisis worse by hindering badly needed construction? One city shows the pros and cons of an opposite approach – removing the red tape.

What Houston does have is “de facto” zoning, with a variety of land use regulations, from height restrictions to minimum lot size requirements, to historic districts. The relaxed rules seem to have enabled denser, more diverse housing in high-demand neighborhoods, according to a report last year by the Kinder Institute for Urban Research at Rice University. 

“It has helped build housing where people want it,” says Luis Guajardo, a senior policy specialist at the Kinder Institute. 

But Houston still shares a challenge with other U.S. cities. “Our lowest-income folks just don’t have options,” says Mr. Guajardo. “We might be closer [to being a model] if we solved that foundational problem that’s afflicting every large city in the U.S.”

For Tim Tran and his wife, the house they purchased at the corner of Fourth Street and Bay Avenue had everything.

Just 45 minutes from downtown Houston, it could have been in any small, seaside town. Palm trees line the streets and salt fills the air.

Then the “Boardwalk Bullet” moved in.

The nine-story wooden roller coaster has towered over the block since 2007. The ride, part of a boardwalk entertainment district, sits about 200 feet from Mr. Tran’s home. A house on the other side of Fourth Street is only 50 feet away. Every few minutes, from noon until 9 p.m. (or 11 a.m. to 10 p.m. on weekends), the ride pierces the salty air with roars and rattles and squeals.

“It’s so loud,” says Mr. Tran. 

The Boardwalk Bullet is loud, and perfectly legal. The ride meets local setback requirements, and because the town of Kemah doesn’t have zoning, those were the only requirements. There was no public hearing before the ride’s owner got a building permit, the Houston Chronicle  reported  in 2007.

Mr. Tran and his wife moved out 10 years ago – though they still own the house and run it as a short-term rental. “Ninety-nine percent” of renters don’t care about the noise, he says.

“Only the people that live there complain, and there’s only a small number of people,” he adds. “There’s not much we can do about it.”

Unlike most of the United States, several cities in this corner of Texas don’t have zoning. Houston is the most prominent example, the nation’s only major city in this category. In Space City, like Kemah, just about anything goes, and economic prosperity and affordability live side by side, with few regulatory burdens.

Is this kind of freedom a recipe for abundant and affordable housing? The reality is a bit more complicated, experts say. Houston is the most affordable of America’s five biggest cities, but it doesn’t rise near the top of the pack in broader national affordability rankings. And while it doesn’t have formal zoning, the city does have land use policies. This more relaxed regime has allowed for a greater diversity of housing stock, and perhaps inhibited gentrification (for now), but it’s bred environmental and health concerns in certain neighborhoods. 

“Houston isn’t exactly the free-for-all it gets portrayed as,” says Matthew Festa, a land use professor at South Texas College of Law Houston. “Houston is guilty as charged as being one of the most sprawling metropolises in the country,” he adds, “but it also makes it easier and less expensive to build affordable housing.”

Three votes against zoning

Why is Houston such an anomaly? One might think it’s because Houston is in Texas, and Texas can’t abide regulators telling you what you can and can’t do on your property. 

But every other major city in Texas has zoning. The reason Houston doesn’t is really because Houston residents have been able to vote on the question – three times so far, to be exact. The 1948 and 1962 votes both rejected zoning by a comfortable margin, and the most recent vote – in a low-turnout 1993 referendum – saw the anti-zoners prevail by about 4 percentage points.

Houston does have “de facto” zoning, Professor Festa says. Land use regulations include height restrictions, minimum lot size requirements, and historic districts. Still, the broad effect is that, while you can’t build anything anywhere in Houston, there are fewer restrictions.

Thus, you can have a house next to a roller coaster; or a house covered  fence-to-roof in beer cans ; or apartments, town homes, and an elementary school on the same street as  a crematorium .

Home prices are cheaper here. The median home price in Houston ranked 77 among 187 American metro areas in the second quarter this year – around cities like Gainesville and Daytona Beach in Florida – according to the  National Association of Realtors . 

Similarly, Houston is No. 20 in affordability, tied with Chicago and Atlanta, in a ranking based on incomes and housing costs among 56 U.S. cities this year. Half the U.S. cities were ranked as “seriously unaffordable,” according to the report by the Houston-based Urban Reform Institute and the Frontier Centre for Public Policy in Winnipeg, Manitoba.

Relaxed rules around minimum lot sizes seem to have enabled denser, more diverse housing – such as duplexes and town homes – in high-demand neighborhoods, according to a  report  last year by the Kinder Institute for Urban Research at Rice University. It found there’s been more housing development inside Houston’s inner loop alone than in the entire cities of Atlanta, San Diego, and San Francisco/Oakland.

“That’s not to say that gentrification isn’t happening, just that it could be more severe,” says Luis Guajardo, a senior policy specialist at the Kinder Institute.

A tale of two neighborhoods

Beneath Houston’s broad pattern, experiences can diverge sharply by community.

In the Manchester/Harrisburg neighborhood at the mouth of the Houston Ship Channel, on a cold fall afternoon, the air carries hints of gas. The 16-square-mile community – more than 90% Hispanic, according to census data – is bordered by refineries to the north and east and a large rail yard to the south, and bisected by the Interstate 610 bridge.

About 15 miles west, homes in West University Place have one similarity – the occasional Astros flag. But this community, with tree-lined streets named after colleges and poets, is its own municipality inside Houston – and does have zoning, almost entirely for single-family housing.

“It’s like we’ve privatized zoning,” says Mr. Guajardo. “The city has devolved [that] responsibility to homeowner associations, which might be inequitable in what neighborhoods have access to it.”

Take deed restrictions. These are written agreements that restrict activities, facilities, and operations in a subdivision. They’re enforced by the city and typically need to be renewed every 20 or 30 years. Affluent neighborhoods have often kept theirs in place while other parts of town have seen them lapse. 

The city’s concrete batch plants are mostly in communities of color, the Houston Chronicle reported earlier this year, which lacked the rules or resources to fight them off. 

Houston also has a land use tool that allows certain areas to keep and spend a portion of their property tax revenue.

“Even without zoning, the communities with more resources and knowledge and capacity and access can kind of work around the legislative rules,” says Professor Festa.

Yet Houston’s de facto zoning regime isn’t as simple as the more advantaged benefiting at the expense of the less advantaged. The relatively low home prices make it easier for buyers to get onto the property ladder. And businesses are attracted by the relative ease of construction and development, which brings jobs.

In Third Ward, a historically Black community near downtown, residents are fighting a proposal to make one neighborhood an official historical district because the accompanying regulations would be unaffordable for most homeowners. The resistance echoes the city’s 1962 zoning referendum, when African American and Mexican neighborhoods decisively opposed zoning , associating it with segregationist housing policies of the New Deal era. 

On balance, “my perspective is that traditional zoning ... is an obstacle to equity, and it’s an obstacle to affordable housing,” says Professor Festa.

That view has been gaining traction beyond Texas. Oregon, California, and the city of Minneapolis are places that since 2019 have all been rolling back exclusive single-family zoning.

But Houston isn’t affordable on every metric. For the lowest-income residents, Houston doesn’t outperform other major American cities, zoning or no zoning. 

In fact, only Las Vegas had a larger shortage of affordable rental homes last year than Houston, where there were 19 for every 100 renters, according to a report by the National Low Income Housing Coalition. That has translated into Houston having one of the highest eviction rates in the country. 

“Our lowest-income folks just don’t have options,” says Mr. Guajardo. “We might be closer [to being a model] if we solved that foundational problem that’s afflicting every large city in the U.S.”

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Some Pennsylvania towns have no zoning rules

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Feb 21, 2014.

Many people throughout the state of Pennsylvania are well aware of the fact that municipalities on the Marcellus Shale would have to rely on zoning laws to limit natural gas development on their home turf. While this is possible in some areas of the state, some in the northern tier don’t care to take advantage of this power.

Generally speaking, industrial activities throughout the state are controlled by local governments. Using zoning laws, they are able to tell businesses what they can and cannot do in terms of the amount of noise they make, how close they can build in proximity to residential areas and much more. In the northeast corridor of the state, though, these types of laws do not necessarily exist.

In Susquehanna County, for example, zoning has come up in the past but those in the area have never been too excited about it. The county’s planning director said, “People are not rich in Susquehanna County, but what they do own is their land and they’re very proud of that.”

As the natural gas industry has grown in the area, the county did pass an ordinance to address loud compressor stations. Besides this, many residents in the county simply deal with the changes to the life they have always lived.

While some areas have zoning laws to protect residents, others do not. In the areas where these are not in place, many residents don’t care for a change.

In the event of a zoning dispute, a real estate attorney can be consulted with to determine which steps to take.

Source:  StateImpact Pennsylvania, “ Pa. towns with no zoning rules unlikely to limit gas drilling ” Katie Colaneri, Feb. 11, 2014

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Non-Conforming Use in Real Estate

(This may not be the same place you live)

  What Is a Non-Conforming Use?

Under zoning ordinances , a non-conforming use is a use of land that does not comply with the present zoning regulations for the area. Non-conforming uses are typically allowed to continue under certain conditions, but may be subject to certain restrictions or requirements.

For example, if a residential area is rezoned to a commercial district, the existing homes in the area may be considered non-conforming uses. In this case, the homeowners would be allowed to continue living in their homes, but they may not be able to make certain changes or renovations to their properties that would be permitted in a residential area.

Non-conforming uses are often grandfathered in under zoning ordinances, which means that they are allowed to continue as long as they were legally established before the present zoning regulations were put in place.

However, non-conforming uses may also be allowed under certain circumstances even if they were established after the present zoning regulations were put in place.

The conditions under which non-conforming uses are allowed to continue and the restrictions that apply to them can vary depending on the specific zoning ordinances of the area. It is important for property owners to understand the zoning regulations that apply to their property and any non-conforming uses that may be allowed.

Is it Considered a Zoning Violation?

What are the effects of a non-conforming use situation, is there such thing as a legal non-conforming use, what is a zoning variance, what is spot zoning, should i hire a lawyer for help with non-conforming use issues.

It depends on the specific circumstances and the zoning ordinances of the area. In general, a non-conforming use is not considered a zoning violation as long as it was legally established before the present zoning regulations were put in place and it is allowed to continue under the grandfathered provisions of the zoning ordinances.

However, if a non-conforming use is not grandfathered in or if it is allowed to continue under certain conditions that are not being met, it may be considered a zoning violation.

For example, if a non-conforming use is allowed to continue as long as it is not expanded or altered in any way, and the property owner makes changes or additions to the property, they may be in violation of the zoning ordinances.

It is important for property owners to understand the zoning regulations that apply to their property and any non-conforming uses that may be allowed. If you are unsure whether a non-conforming use on your property is considered a zoning violation, you should consult with your local zoning agency or an attorney who practices in land use law.

Property zoning laws are laws that regulate the use and development of land in a particular area. These laws are typically enacted by local governments and are designed to promote the health, safety, and welfare of the community by controlling how land is used and developed.

Zoning laws can have a number of legal effects on property owners and developers.

Some of the key legal effects of property zoning laws include:

• Limiting the use of land: Zoning laws can limit the types of uses that are allowed on a particular piece of land. For example, a zoning ordinance may restrict the use of a property to residential or commercial purposes only.
• Regulating the development of land: Zoning laws can also regulate the development of land, including the size and location of buildings, the density of development, and the types of activities that are allowed on the property.
• Protecting property values: Zoning laws can help to protect property values by ensuring that land is used in a way that is compatible with the surrounding area and that does not negatively impact the value of neighboring properties.
• Providing for the orderly growth of a community: Zoning laws can help to ensure the orderly growth and development of a community by regulating the use and development of land in a way that is consistent with the community’s long-term plans and goals.

Overall, property zoning laws can have a significant impact on the use and development of land, and it is important for property owners and developers to understand and comply with these laws.

Yes, a legal non-conforming use is a use of land that does not comply with the present zoning regulations for the area, but is allowed to continue under certain conditions.

Non-conforming uses are typically grandfathered in under zoning ordinances, which means that they are allowed to continue as long as they were legally established before the current zoning regulations were put in place.

Non-conforming uses may also be allowed under certain circumstances even if they were established after the current zoning regulations were put in place. However, these uses are typically subject to certain restrictions or requirements, such as a requirement that the use not be expanded or altered in any way.

It is important for property owners to understand the zoning regulations that apply to their property and any non-conforming uses that may be allowed. If you are unsure whether a non-conforming use on your property is considered legal, you should consult with your local zoning agency or an attorney who practices in land use law.

A zoning variance is a request for an exception to the zoning regulations that apply to a particular piece of land. A zoning variance may be granted by the local zoning agency if the property owner can demonstrate that strict compliance with the zoning regulations would cause undue hardship or that there are unique circumstances that justify the variance.

For example, if the zoning regulations for a particular area require that all buildings be set back a certain distance from the property line, a property owner may request a variance if they cannot meet this requirement due to the shape or size of their property.

In order to obtain a zoning variance, the property owner must typically demonstrate that the variance is necessary in order to use the property in a reasonable manner and that it will not be detrimental to the public interest or the surrounding properties.

If a zoning variance is granted, it allows the property owner to use or develop their land in a way that would otherwise be prohibited by the zoning regulations. However, zoning variances are typically granted on a case-by-case basis and may be subject to certain conditions or restrictions.

Spot zoning is the practice of selectively rezoning a small parcel of land within a larger area in a way that is inconsistent with the surrounding land uses. Spot zoning can occur when a local government rezones a single property or a small group of properties in a way that is not in line with the zoning plan for the larger area.

Spot zoning is generally considered to be a controversial practice, as it can create conflicts with the surrounding land uses and may result in significant changes to the character of an area. In some cases, spot zoning may be used to benefit a specific property owner or developer at the expense of the broader community.

Spot zoning is often challenged in court, as it may be considered a violation of the principle of uniformity, which requires that land be zoned in a consistent and logical manner. In order to be legally valid, spot zoning must typically be justified by a legitimate public purpose and must not be arbitrary or discriminatory.

It may be advisable to hire a real estate attorney for help with non-conforming use issues if you are dealing with complex legal issues or if you are unsure of your rights and obligations under the zoning ordinances that apply to your property.

An attorney who practices in land use law can help you understand the laws and regulations that apply to your property and can advise you on the best course of action to take. They can also represent you in negotiations with local officials or in legal proceedings if necessary.

If you are considering requesting a zoning variance or challenging a zoning decision, it is especially important to seek legal counsel, as these types of legal issues can be complex and may require a thorough understanding of the relevant laws and regulations.

Overall, hiring a lawyer to help with non-conforming use issues can provide you with valuable legal guidance and representation, and can help you navigate the legal process more effectively.

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Jan. 12, 2020

Houston doesn’t have zoning, but there are workarounds, insights :  jan. 12, 2020 urban planning, so, what’s the deal with zoning laws in houston while it’s true the city has none, it still regulates development using a complex system of codes. these codes, however, don’t govern land use..

Two photos provide a then-and-now look at development near MacGregor Elementary School in the Museum Park neighborhood of Houston.

Bill Fulton , director of the Kinder Institute for Urban Research, wrote about Houston’s famous lack of zoning for the latest issue of American Planning Association’s Planning Magazine , which is filled with stories about the city.

While mostly and technically true — yes, it has no zoning for use — over time the line between caricature and reality has blurred for many who are outside of the city limits looking in. (Actually, that’s the case with a lot of popular misconceptions about Houston.)

It’s a little like “Houston, we have a problem,” the well-known but misquoted line from the Apollo 13 spaceflight. By now, thanks to the Comic Book Guys of the world, most of us are well aware that what Astronaut John Swigert actually said back in 1970 was, “OK, Houston, we’ve had a problem here.” Followed by Astronaut Jim Lovell’s “Uh, Houston, we’ve had a problem.” The inaccurate quote doesn’t change the gist, plus it’s a lot less clunky as a soundbite. In reality, life for Bayou City developers isn’t an endless laissez-faire free-for-all. As Fulton puts it: “A city without zoning … isn’t necessarily a city without planning.”

Here’s a rundown of the article, which can be read it in its entirety on the American Planning Association’s website.

It’s complicated: There may not be zoning but there are restrictions

Houston is the fourth-largest city in America, with a population of 2.3 million people spread across more than 600 square miles. It contains some of the densest job centers and ritziest residential neighborhoods in the country. Yet three times in the last century — most recently in 1993 — Houstonians have voted down that most elemental of planning policies: zoning based on use. It’s the first thing any planner — indeed, almost any person — asks about when they ask about Houston.

A city without zoning, however, isn’t necessarily a city without planning. Or without a frustrating development code. Or, in a certain way, even without zoning.

The story of Houston’s land-use policies is a lot more complicated than “no zoning.” In reality, Houston is a big mixture of ordinances, policies, tactics by neighborhoods, and independent efforts by nonprofits, all of which play a role in determining how land is used. Whether or not the lack of zoning and the use of these other tools add up to a more equitable city or a city where the affluent are protected is open to debate.

Here’s how land use is addressed in Houston

The city is rife with plans, strategies, and other efforts to create more walkability, bring new investment into historically underserved communities , and protect the city against future flooding and other hazards. For many years, the region’s metropolitan planning organization, the Houston-Galveston Area Council, has conducted Livable Centers studies to show the potential for walkable neighborhoods , while at the same time the city has engaged community leaders and planning commissioners in an effort to create more walkable places. Mayor Sylvester Turner’s signature neighborhood effort is Complete Communities , focused on directing city resources to underserved neighborhoods. And most recently, Houston joined the 100 Resilient Cities network , thanks to a grant from Shell, and is crafting plans to improve the city’s resilience.

At its core, however, Houston’s land-use regime boils down to three separate types of efforts.

1. Large-scale initiatives to shape the public realm, usually undertaken by philanthropists and civic groups. (Alongside these are some public-sector efforts to create plans around specific topics.)

2. A series of planning tools that act as zoning workarounds, ranging from deed covenants to historic districts.

3. A complicated development code that contains everything you’d expect except use zoning — and, in some cases, density and height restrictions as well — and drives applicants crazy just like the development code in many other cities.

Ways to circumvent a lack of zoning

The biggest difference, of course, is the lack of zoning — but what that really means in Houston is that there is no zoning for use. Under the city’s development code, no parcel of land is restricted for any particular land use, and in many cases, there are no density or height restrictions either. But what most Houstonians in the know understand is that the city is not entirely without zoning-type regulations.

► Virtually every affluent residential neighborhood in Houston has strict private deed restrictions — and, remarkably many of those deed restrictions can be enforced by the city. That’s why River Oaks, Houston’s wealthiest neighborhood, doesn’t have apartment buildings or office buildings in the middle of the neighborhood.

► Deed restrictions are not enforced unless complaints are reported, meaning that less affluent neighborhoods often see covenants violated if the residents are not vigilant. Developers are constantly on the lookout for the one parcel in a desirable location that isn’t covered by the deed restrictions. This is the loophole that led a few years ago to the well-known “Ashby high-rise” fight, during which affluent residents went to court to fight a proposed high-rise apartment building on Ashby Street near Rice University.

► Then there are historic districts. The trend began in the early 2000s (there are now 22 total) with the creation of three historic districts in Houston Heights, a bungalow neighborhood northwest of downtown Houston. When the Heights gentrified, it attracted the attention of apartment developers. In response, residents petitioned for the creation of historic districts, which require that the scale and character of the neighborhood remain the same. Some neighborhoods are in effect using historic districts as a zoning substitute.

Other substitutes for zoning

Several years ago, the city also created a process by which residents and neighborhoods could petition for a minimum lot size or minimum building line, or setback from the street. This allowed for the circumvention of a 2001 ordinance that dramatically decreased minimum lot size inside the 610 Loop, opening up huge chunks of the central city to townhome development. These processes help to eliminate the possibility of townhome development by gathering support from a majority of area property owners and the passage of an ordinance by the city council.

A few years ago, affluent residents went to court to fight the construction of a high-rise apartment building dubbed the “Tower of Traffic” at the corner of Ashby and Bissonnet streets near Rice University. The land the developers wanted to build on wasn’t protected by deed restrictions. The residents who oppose unwanted change in many neighborhoods don’t have the resources to take on developers.  

Market-driven development is the reality in Houston

Land deals in Houston were once negotiated between politicians and landowners in the Rice Hotel. Open government laws have long since ended that practice, but the development community continues to influence city regulations.

As for the development code itself, Houston does have one, perhaps contrary to popular belief. It just doesn’t have use restrictions and in some cases height and density restrictions. As a result, Joshua Sanders, a local development lobbyist, calls it “a bad form-based code.”

The result is a more market-based approach to development, especially in gentrifying neighborhoods. On Montrose Boulevard, for example, two 30-story apartment towers have recently been built in a traditionally one- and two-story neighborhood, adjacent to duplexes and one-story retail and restaurant buildings. The same is true along Main Street in Midtown, alongside Houston METRO’s Red Line, one of the busiest light-rail lines in the country.

It also means affordable-housing developers have a tough time competing for land because they are competing against high-rise residential developers and high-end retail and restaurant developers, and whoever else can bring the most money to bear on a parcel.

Developers built eight townhomes at the corner of McKinney and St. Augustine streets in the East End. The homes are less than a 10-minute walk from the Coffee Plant/Second Ward stop on the light rail’s Green Line.

Efforts to bring more affordable options to neighborhoods

There are some promising approaches that could make more affordable land and units available, however. The Houston Land Bank was recently reorganized and is now working to reuse tax-delinquent properties it acquires for the public good, including affordable housing. In 2018, the nonprofit Houston Community Land Trust launched, with a mission to build long-term affordable home ownership.

Like the development code in most cities, Houston’s code is big, complicated to administer, and in many ways inflexible. In almost all locations in the city, for example, development must provide a 25-foot setback from the street and ample parking requirements. On the other hand, there are no parking requirements in Downtown Houston or in certain parts of Midtown, an adjacent gentrifying neighborhood. Near transit lines , developers are eligible to use an optional transit-oriented development code, but the incentives contained in this ordinance are perceived by developers as modest — a 15-foot setback instead of a 25-foot setback, for example. Most developers in the urban core opt instead to shoot for variances. The city planning commission typically grants setback variances, but not parking variances, leading to gigantic parking garages even in the most urban neighborhoods. (The planning commission’s Walkable Places Committee, mentioned above, is looking at ways to beef up the TOD ordinance.)

Despite the lack of traditional zoning and the jumble of other regulations, it’s surprising how well Houston works. It’s a big, dynamic city that doesn’t look or feel that much different from, say, Los Angeles or Dallas. As most other cities are these days, it’s a city of haves and have-nots — and the lack of zoning cuts both ways on that issue.

And, with the revival of large-scale public realm planning, especially dealing with greenways, Houston is beginning to gain a strong sense of itself that has always been lacking. Even without zoning, Houston is becoming a better and better urban place every day.

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What Are No Zones? Understanding Trucking Safety and Blind Spots

As the roads become increasingly congested, the risk of accidents also increases. Despite the fact that the trucking industry is crucial to the economy, it also poses many risks to drivers on the road. One of the most significant risks is the blind spot, which is commonly known as the “no zone.” Understanding what no zones are and how to avoid them can help you stay safe while driving.

Which no zone is the largest?

The largest no zone is located on the right-hand side of the truck and extends from the side mirrors to the rear of the trailer. This area is known as the “right-side no zone” and can be up to four lanes wide. Because of this, it’s easy for drivers to accidentally find themselves in the no zone, which can be extremely dangerous.

What are no zones around trucks?

No zones refer to the blind spots on a truck where the driver cannot see surrounding vehicles. These areas are usually located on the sides, front, and rear of the truck, and can be much larger than the average car’s blind spot. According to the Federal Motor Carrier Safety Administration (FMCSA), there are four no zones:

• The left-side no zone, which extends from the driver-side door to the middle of the trailer
• The right-side no zone, which extends from the passenger-side door to the rear of the trailer
• The front no zone, which extends up to 20 feet in front of the truck
• The rear no zone, which extends up to 30 feet behind the truck

Why should you stay out of the no zone?

The no zone is extremely dangerous for drivers, as they are impossible for truck drivers to detect. If you find yourself in the no zone, an accident in which the truck collides with your vehicle could be disastrous. Due to their size and weight, trucks cause far more damage than regular cars, and fatalities in such situations are not uncommon. According to the FMCSA, driver error is the leading cause of truck accidents, and staying out of the no zone is one of the most effective ways to avoid them.

How do you avoid no zone?

Avoiding the no zone is crucial to staying safe while driving near a truck. Keep these tips in mind:

• Follow the two-second rule: stay at least two seconds behind the truck so that you can give yourself enough time to react to sudden traffic changes.
• When merging onto a highway, make sure you give the truck plenty of space. They require more time and room to slow down than passenger vehicles.
• Avoid passing trucks on the right side as much as possible, as this is the largest no-zone.
• Always make sure you can see the driver in the truck’s side mirror before passing. If you can see their reflection, they can see you too.
• Use your signals to make the truck driver aware of where you are on the road. This will give them ample time to adjust their driving behavior accordingly.

As the saying goes, “if you can’t see the truck driver’s eyes in their mirrors, they can’t see you.” Staying out of the no zone means staying visible to the truck driver and keeping yourself out of harm’s way.

• https://www.fmcsa.dot.gov/safety/driver-safety/cmv-driving-tips-large-trucks
• https://ops.fhwa.dot.gov/freight/sw/map21talkingfreightbriefs/talking_freight_17.htm#:~:text=A%20truck%20driver%20has%20blind,in%20the%20front%20of%20the

Christophe Garon

March 4, 2023

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Taller buildings, no parking requirements - see what's in Columbus' zoning proposal

New zoning code says no parking spaces required on major transportation corridors, even for commercial buildings.

Columbus Mayor Andrew J. Ginther literally handed off his new zoning plan to city Council President Shannon Hardin at a Thursday morning media briefing, predicting it would create 88,000 new housing units on the less than 4% of city parcels involved — about 15 times the amount of new units absent the change.

The new plan for roughly 12,300 city parcels along major transportation corridors eliminates the requirement to provide parking spaces, even for commercial projects, and replaces a general 35-foot height limit with buildings up to 16 stories in core urban areas.

Saying he was done with reports and studies, Ginther proclaimed "this is a decade of action," adding that "NIMBYs," or those who demand "not in my backyard," need to challenge themselves to "become that region of YIMBYs," or those who say "yes in my backyard."

"We have to make tough decisions in the next 10 years," the mayor said.

For Columbus residents now learning many details of the massive new plan — a report detailing them released Thursday was 280 pages — the real decisions start Monday. That's when the actual ordinance officially arrives on the council's agenda, kicking off a 60-day public comment period expected to be followed by a vote of the nine-member body by mid-summer.

"This is the time that we need our residents to come, learn, give us their feedback, so that we together can build the city of the future," Hardin told The Dispatch after the briefing. "...We know that this is a big deal. We also know that a person, a homeowner, that their four-square that makes up their parcel, to a lot of folks that's their wealth.

"So we understand that there's a lot of ability for fear to be in this conversation. So we don't need fear-mongering, we need folks to come, learn about it and give us their feedback," he said, so that growth that is sure to be coming can work.

The changes are expected to dramatically reduce the need for developers to go before "area commissions" to negotiate projects in return for variances and zoning changes, and hopefully speed the development of in-demand housing.

The affected parcels are now governed by some 40 various zoning distinctions, each with different requirements. Under the proposal, there will be just six zoning categories, allowing a much broader range of uses in each.

"Every one of these 12,000 parcels will have a new designation," said City Council President Pro Tem Rob Dorans, during an embargoed meeting for The Dispatch at City Hall to go over the plan on Wednesday. About 4% of the city's more than 300,000 parcels are initially affected.

The need for more housing is at the center for the city's look at changing its decades-old zoning rules . The region needs to add 200,000 housing units by 2030, according to the Columbus Housing Strategy, and the proposed zoning would allow 88,000 units to be developed along the city's corridors, according to an analysis by Cascadia Partners, a firm hired by the city.

Flexibility for builders is designed into the new proposed code, replacing what is now "very inflexible," Dorans said, and was tied to the needs of past generations, mostly centered around the automobile.

Since the new zoning code would automatically allow more types of projects in its zones, it would reduce the number of "variances," or sanctioned departures from the zoning requirements commonly granted by City Council on a per-project basis. This would mean there will be less for area commissions to consider, a process that chews up developers' time and money, Dorans said.

The proposal represents Ginther's vision for the new code, but the final say will be with City Council, which may choose to make changes depending on public feedback, Dorans said.

Any existing structures will be grandfathered into the new zoning requirements, Dorans said, meaning they won't affect any property owners initially - unless they try to sell or build something new on it, triggering the new requirements. Dorans said a future sale of a grandfathered parcel shouldn't trigger the need to tear any structures down due to being out of zoning compliance, because the new code is generally more permissive.

By eliminating requirements, the city hopes to encourage the construction of new housing in Columbus and stabilize the price to buy or rent housing in the region, Dorans said.

While the 12,000-plus parcels are mostly zoned commercial currently, there are currently about 980 single-family houses on them, of which about 500 are not zoned for single-family, the city says. On land that is currently zoned commercial, the public can expect to see more residential development under the new code, Dorans said.

While corridors like West Broad Street through Franklinton and the Hilltop are mostly commercially zoned, "we could go taller there, and put more people along that corridor, especially if they don't need a car because they will have high-capacity transit that will move them around the city," Hardin said.

Those transit projects are already moving forward, Hardin said, noting the Central Ohio Transit Authority's recent $42 million federal grant to help fund a 9-mile bus rapid transit system on the West Broad Street Corridor, an initiative called LinkUS.

The proposed rules also eliminate the requirements for developers to provide parking. Dorans said Wednesday the elimination of parking requirements will free up land and money to build places for people to live. "Just giving (developers) more height won't do it," he said. But officials don't believe developers will abandon all parking accommodations. Rather, the market, not the city code, will dictate how much is wanted and provided, Dorans said.

The hope is that those residents will rely more on walking and on public transportation, which can be boosted as the corridors become more-densely populated due to the new zoning code, sustaining increased bus service.

Currently, residential structures with four or more units require 1.5 parking spaces per unit, while commercial structures like those for retail and eating establishments require spaces based on their square footage. Dorans said if a neighborhood develops a parking problem in the future related to the new code, such as because of a concentration of new development lacking parking, the City Council would be free to make changes and add new requirements at that point.

On building heights, the proposal would allow heights ranging from 4 stories to 12 stories, depending on the zone. Additional floors could be added in high-density areas if projects met city mandated affordability requirements for the housing being constructed.

The proposal does not affect most residents on neighborhood streets directly, but a future phase 2 would likely look at zoning changes for those areas.

Dorans stressed that the council wants input from the community on the proposals, which can be found online at www.columbus.gov/zoningupdate . Residents can also email [email protected] or call 614-645-5343 for more information.

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NY Village’s Zoning Law Survives Establishment Clause Challenge

By Peter Hayes

The Village of Chestnut Ridge, N.Y. shook off a suit alleging its zoning law violates the Establishment Clause of the First Amendment by providing favorable zoning treatment for religious uses of land.

The suit, brought by local citizens group Citizens United to Protect our Neighborhoods and three individual group members, fails because none of the plaintiffs has standing to sue, the US Court of Appeals for the Second Circuit ruled in an opinion by Judge Richard J. Sullivan .

The 2019 zoning law created three categories of use: residential gathering places, neighborhood places of worship, and community places of worship. ...

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The 5 stages of the 2024 total solar eclipse explained for April 8

On Monday (April 8), a total solar eclipse will sweep across the Americas. Here's how it will play out.

Stage 1: First contact

Stage 2: second contact, stage 3: totality, stage 4: third contact, stage 5: fourth contact.

On Monday, April 8, the 2024 total solar eclipse will sweep through the sky over North America. 

While all of North America and Central America will experience at least a partial  solar eclipse , those within a path with a width of approximately 115 miles (185 kilometers) passing over 15 U.S. States. Mexico, and Canada will also witness a totality as the moon entirely covers the disk of the sun.

You can  watch the total solar eclipse live on Space.com . You can also keep up with all the eclipse-related action with our   total solar eclipse 2024 live updates   blog.

Don't be in the dark about the 2024 total eclipse

There are three major types of solar eclipse. A total solar eclipse like that on April 8 occurs when the moon is relatively close to Earth and blocks the entire disk of the sun. 

Because the moon's orbit around our planet is an ellipse, sometimes it is further away and thus appears smaller. An eclipse at these times sees the moon only an obscure part of the solar disk, with the sun appearing as a glowing ring of fire. These events are called annular solar eclipses , and the last one seen over the U.S. occurred on Oct. 14, 2023.

Finally, a partial solar eclipse is an event that happens when the Earth, moon, and sun are not perfectly aligned, resulting in the lunar disk only covering part of our star, making the sun appear as if a bite has been taken out of it. Partial eclipses also happen at the beginning and ending stages of total and annular eclipses.

On April 8, 2024, the moon will be in its new moon phase , and it will look relatively large, meaning it is capable of covering 100% of the sun's disk as viewed from the narrow path of totality. The fraction of the diameter of the sun covered by the moon is known as the magnitude of a solar eclipse . On April 8, 2024, this value will be 1.0566,  according to EclipseWise.com , slightly more than total coverage. 

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NASA has released an interactive map of the total eclipse, which space enthusiasts can use to track the totality as it drifts across the globe. However, location won't be the only factor affecting the appearance of the total solar eclipse on Monday. The eclipse will pass through 5 distinct stages, with each of these phases occurring at different times across different locations.

What are the stages of the annular solar eclipse? 

In the initial stage of the eclipse, the moon will begin to pass in front of the sun, kick-starting a partial solar eclipse. During this phase, the darkened lunar disk of the moon will make the sun appear as if a bite has been taken out of its illuminated face. This "bite" will get bigger and bigger as the totality approaches.

During the first stage of the total solar eclipse, some onlookers will be able to see rapidly moving, long, dark bands called " shadow bands " on the sides of buildings or the ground. Bailey's beads , caused by light streaming through the valleys on the horizon of the moon, may also be visible at the moon's edges during this initial stage. These phenomena repeat during the second partial eclipse that occurs after totality.

On April 8, this stage of the partial eclipse will first be seen near Pu‘uali‘i, Hawaii, at  6:27 a.m. local time (12:27 p.m. EDT, 1627 GMT).

First contact will last for between 70 and 80 minutes, and its conclusion will be marked by a single bright spot, or " diamond ring ," appearing at the edge of the moon. This marks the second contact stage and heralds the oncoming totality. 

On April 8, the total solar eclipse will make landfall at Mazatlán, Sinaloa, Mexico, at 9:51 a.m. local time (12:51 p.m. EDT, 16:51 GMT).

Stage 3 and the mid-point of the total solar eclipse is the totality.  At this point, the moon completely covers the solar disk. During the totality of the outer atmosphere of the sun, the corona may become visible as white streamers at the edge of the moon. This region is usually washed out by bright light from the solar surface, the photosphere. The inner atmosphere of the sun, the chromosphere , may be visible as a wispy aura around the edge of the moon.

The totality may also make stars and planets visible in the darkened sky that are usually not visible from America during daylight hours. 

On April 8, the first location to experience totality will be Mazatlán, Sinaloa, Mexico at  11:07 a.m. local time  (2:07 p.m. EDT, 1807 GMT). The first location to experience totality in the U.S. will be Near Florentino Ramos Colonia, Texas, at 1:27 p.m. local time (2:27 p.m. EDT, 1827 GMT).

The duration of the totality depends on the path from which the eclipse is viewed. In Mexico, totality will last for 40 minutes and 43 seconds. Skywatchers in the U.S. will collectively experience totality for 67 minutes and 58 seconds. Onlookers in Canada will experience the totality of the solar eclipse for 34 minutes and 4 seconds.

The fourth stage of the total solar eclipse, third contact, will see the moon start to move away from the disk of the sun, thus ending the totality and starting the second partial eclipse period. Brightening appears on the opposite side of the moon as it did during the second contact period. At this time, skywatchers will get another chance to spot Baily's Beads along the edge of the moon and shadow bands on the buildings and ground around them, with this stage mirroring the second contact stage. 

The total solar eclipse ends on the Atlantic coast at 5:16 p.m. local time (3:46 p.m. EDT, 1946 GMT). 

The fifth and final stage of the total solar eclipse. The moon moves away from the disk of the sun, meaning that at fourth contact, the moon is no longer even partially eclipsing the sun. At this point, 2024's total solar eclipse will be over.

On April 8, on the Atlantic coast of  Newfoundland and Labrador, the partial eclipse phase ends at 6:18 p.m. local time (4:48 p.m. EDT, 2048 GMT).

— A 'horned' comet may be visible during the 2024 total solar eclipse

— How photos of the April 8 solar eclipse will help us understand of the sun's atmosphere

— How fast will April's total solar eclipse travel?

If you intend to view any of these stages, the most important thing to consider is how to safely view it. Looking at the sun without adequate protection at any time is harmful to the eyes, so eclipse watchers should take precautions on Monday. 

Sunglasses, regardless of how dark they are, can't protect the eyes from the effect of the sun, so specialized eclipse glasses made from safe solar filter materials will be needed. If skywatchers intend to watch the event with a telescope, special filters will be needed to make this a safe viewing experience.

Our how to observe the sun safely guide tells you everything you need to know about safe solar observations.

Following the 2024 total solar eclipse, skywatchers in the U.S. will next get the opportunity to see a total solar eclipse on March 30, 2033 . The totality of this eclipse, which will last 2 minutes 37 seconds, will be visible in Alaska. Following this, on Aug. 23, 2044 , a total solar eclipse will be visible from the U.S. states of Montana, South Dakota, and North Dakota, as well as from much of Canada.

Under a year later, on Aug.12, 2045 , another total solar eclipse will sweep over the U.S., visible from California, Nevada, Utah, Colorado, New Mexico, Oklahoma, Kansas, Texas, Arkansas, Missouri, Mississippi, Louisiana, Alabama, Georgia, and Florida, as well as from the Caribbean, and South America.  

Submit your photos! If you capture a photo of the April 8 total solar eclipse and would like to share it with Space.com's readers, send photos, videos, comments, and your name, location and content usage permission release to [email protected] .

Join our Space Forums to keep talking space on the latest missions, night sky and more! And if you have a news tip, correction or comment, let us know at: [email protected].

Robert Lea is a science journalist in the U.K. whose articles have been published in Physics World, New Scientist, Astronomy Magazine, All About Space, Newsweek and ZME Science. He also writes about science communication for Elsevier and the European Journal of Physics. Rob holds a bachelor of science degree in physics and astronomy from the U.K.’s Open University. Follow him on Twitter @sciencef1rst.

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Yes, daylight saving time has ended in Australia. Clocks should have gone back by an hour, but not in every state

Millions of Australians went to sleep in one time zone last night and woke up this morning in another. 

That's because daylight saving time ended (not forever, though, just for the next few months).

So as of today, Australia has three major time zones instead of the five we had yesterday.

Here's how to get your head around the change. 

When does daylight saving end in Australia?

It's already ended! 

Daylight saving time ends on the first Sunday of April every year — but only in the states and territories that observe it.

This year, daylight saving ended at 3am on Sunday, April 7.

Are the clocks going backwards or forwards?

Backwards . 

Clocks in states observing daylight saving should have moved back by a hour — but you may have clocks that need to be manually adjusted.

So if you're in a daylight saving state or territory, that may have translated to an extra hour's sleep-in.

Which states and territories have daylight saving time?

• Australian Capital Territory
• New South Wales
• South Australia

Norfolk Island also observes daylight saving time.

Which states and territories don't have daylight saving time?

• The Northern Territory
• Western Australia  

Christmas Island and the Cocos (Keeling) Islands do not observe daylight saving time. 

What are the time zones in Australia?

As of this morning, Australia has three major time zones:

• AEST - Australian Eastern Standard Time:  ACT, New South Wales, Queensland, Tasmania and Victoria
• ACST - Australian Central Standard Time: Northern Territory and South Australia
• AWST - Australian Western Standard Time: Western Australia

But up until this morning, the country had five time zones:

• AEDT - Australian Eastern Daylight Time: ACT, New South Wales, Tasmania and Victoria
• AEST - Australian Eastern Standard Time: Queensland
• ACDT - Australian Central Daylight Time: South Australia
• ACST - Australian Central Standard Time: Northern Territory

And, while we're on the topic of time zones, there's actually a section of Western Australia that runs on a different time zone to the rest of the state, affectionately known as "Eucla Time" . 

It's 45 minutes ahead of the rest of Western Australia.

During daylight saving time, it's 1 hour 45 minutes behind South Australia.

It's called the Central Western Time Zone and it covers a small area of the Nullarbor that stretches from the eastern side of Caiguna to Border Village.

The zone is marked in purple on this map:

Do I have to change the time on my phone?

Probably not, because most smartphones tended adjust to time zones automatically.

Here's how to check if your smartphone does this:

• Android : Go into the Clock app, tap More and then go into Settings. Then go into Change Data & Time, selected Set time zone automatically and then select Use location to set time zone
• iPhone : Open Settings, select General, to go Date & Time and make sure Set Automatically is turned on
• Samsung : Open Settings, go to General management, selected Date and time and then make sure Automatic date and time is turned on

This should mean your phone will automatically reflect the time depending on which state or territory you're in.

When does daylight saving time start again in 2024?

Each year, daylight saving time begins on the first Sunday of October.

This year, that'll be  October 6 .

Why do we have daylight saving?

The purpose of daylight saving is to  make the most of the hours of daylight some states experience thanks to the changing seasons .

The tilt that the Earth sits on gives us our four seasons, but it also means that Australia is  exposed to more sun during the summer  and  less during winter .

But this is more pronounced in southern states, because of how far away they are from the equator. 

So, when summer kicks in and the days get longer, these states set their clocks back an hour to make the most of the sunlight and higher temperatures.

It effectively means they get an extra hour of sunlight once they're finished work or school.

Typically, that means more daylight for their free time after work or school . 

On the flip side, when we're coming into winter – like we are now – the Earth's tilt means they get fewer sunlight hours.

Why doesn't all of Australia observe daylight saving?

Because daylight saving is imposed at a state level, meaning it's up to state and territory governments to decide if they want it or not.

For a time in the early 20th century, all of Australia did follow daylight saving, but since then some states and territories have dropped it to suit their climate .

Because while we're the one country, we don't all experience the same climate. 

Southern states have cooler climates to northern states.

Typically, it's quite pleasant temperature-wise to be out enjoying the early afternoon sunshine in states like Victoria and Tasmania in the middle of summer.

But it's usually quite hot further north in Queensland or the Northern Territory, where it might make more sense to stay indoors until later in the afternoon to keep out of the heat. 

And, as we pointed out above, the change in daylight hours is more obvious in southern states .

When does winter start in Australia?

Officially speaking, winter doesn't start until June 1 — so that's still a few months away. 

Some people may think of daylight saving time as shorthand for summertime and standard time as wintertime.

But the end of daylight saving time doesn't signify the end of summer or the start of winter.  

Our seasons are a little looser than that. 

Generally speaking, the northern parts of Australia experience wet season and dry season. 

Further south, people tend to think of seasons in the European or North American sense — summer, autumn, winter and spring.

And for these chunks of Australia, the seasons change on the first day of March, June, September and December.

This is known as observing  meteorological seasons .

But some countries observe the astronomical seasons , which means the beginning of each season aligns with the summer and winter solstices, and the spring and autumnal equinoxes.

So that's why you might see some people in the UK, for example, marking the beginning of a new season at a different time to what's on Australian calenders. 

But it's also important to point out differing definitions of seasons within Australia, because conditions will be different depending on where you are in the country. 

And you can see this variation clearly when compare Indigenous seasonal calendars.

Compare the  Tiwi calendar and the  Gariwerd calendar — which describe the seasons experienced at opposite ends of the country. 

And remember that, in Australia, it typically gets hotter as you go north and cooler as you go south.

The Tiwi calendar describes three major seasons:

• Jamutakari: Wet season — December through February
• Kumunupunari: Dry season — March through August
• Tiyari: Hot and wet season — September through November

The  Gariwerd calendar describes six seasons:

• Kooyang: Late summer — January through March
• Gwangal moronn: Autumn — March through May
• Chunnup: Winter — May through July
• Larneuk: Pre-spring — July through August
• Petyan: Spring — September through November
• Ballambar: Early summer — November through January

You can read more about Indigenous seasonal calendars on the Bureau of Meteorology's website . 

• X (formerly Twitter)

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Total solar eclipse 2024 live updates: Watch video and see photos of the sky spectacle

EAGLE PASS, Texas − In a moment of cosmic alignment that was precisely predicted yet undeniably mysterious , the moon crept across the face of the sun as seen from Earth, casting its shadow onto the United States on Monday.

And then it was over: A total eclipse of the sun has come and gone.  

The partial shadow crossed into the U.S. in Texas just after noon local time, and a bit more than an hour later, the minutes of “totality” began. The total eclipse of the sun then traced a path from southern Texas to northern Maine, where it exited into Canada and the ocean beyond.

The rare event was an astronomical experience like no other. Monday's eclipse was unusually accessible to millions of people. It was widely anticipated not only for its remarkable period of darkness, but for its rare timing: No total solar eclipse would be visible from the contiguous United States again until 2044. While millions of Americans may have seen today’s eclipse, a small group in Texas was among the very first.

Edge of eclipse shadow began in south Texas

Alejandra Martinez, a seventh-grade science teacher from the south Texas border city of Eagle Pass, peered up at the gray, gauzy sky, anxiously awaiting the solar eclipse’s entrance into the USA.

Sitting with a telescope under a camping canopy in a corner of the county airport, Martinez, 42, and two other science enthusiasts had been recruited by NASA to participate in an effort called Citizen CATE 2024, where more than 30 teams perched in the eclipse’s path will record the shadowy trek across the country. 

In this spot, less than five miles from the U.S.-Mexico border, she and her team would be among the first people in the U.S. to witness the phenomenon. Eagle Pass sits near the very beginning of the eclipse’s track from southwest to northeast across the country. It also sits very near dead-center of it, where the period of “totality” will be the longest. That total shadow was still more than an hour away when the edge of the shadow began to darken the sky.

Martinez, dressed in a “This Totality Rocks” T-shirt and eclipse-themed skirt, watched as the penumbra crept across the airfield, about 10 minutes past noon local time. She put on her eclipse glasses and peered up at the sky. The gauzy clouds parted. “There it is! There it is!” she yelled. “First contact. It’s begun!”

Clouds came and went as the shadow grew for the next hour. As totality approached Eagle Pass, the sky shaded a dull gray then a heavy brown and the temperature dropped a few degrees. Only a sliver of the sun remained.

A few seconds before 1:27 p.m. CT, the crowd counted down, “3..2..1…” The sun was gone, completely covered by the moon. Darkness spread over the small airport grounds. “Oh my god,” Martinez said, a hand covering her heart. “This is so cool!”

How to tell if you have eye damage from looking at a partial eclipse?

For those who took a chance and looked at the sun without protective eyewear during the eclipse, concerns may arise if their vision starts to seem impaired. Have they suffered eclipse blindness?

Looking directly at the sun even briefly without the proper safety glasses can result in eye damage, either temporary or permanent. The body's natural squinting reaction in normal circumstances prevents people from staring directly at the sun, but that reflex may not be activated during partial eclipses, even though a partly shielded sun can still burn the retina.

The American Academy of Ophthalmology says pain won't be an indication of damaged eyes because the retina lacks pain nerves. Worrisome signs are instead blurry vision, headaches, light sensitivity, blind spots in the central vision, distorted vision and changes in color perception. Anyone experiencing those symptoms should see an ophthalmologist, the AAO says.

How do I know if I damaged my eyes during the eclipse?

What was the timeline of the 2024 solar eclipse.

The total eclipse began in Mexico at about 11:07 a.m. PDT, Monday before crossing into Texas at 1:27 p.m. CDT. It ended in Maine at 3:35 p.m. EDT. Even those who weren't in the path of totality could see a percentage of the eclipse.

To find out exactly when the eclipse occurred in your area, you can search by  USA TODAY's database by ZIP code  for a viewing guide.

In Michigan, a bonding experience for a mother and her three kids

In Michigan, eclipse enthusiasts packed a watch party along the Detroit Riverwalk near Cullen Plaza. They sat on the grass, on benches and berms. For Janelle Ikonen of Waterford, it was a chance to bond with her three children − Hannah, 9; Elim, 12; and Isaac, 14 − whom she took out of school for the day.

“I wanted to experience a unique event with them,” said Ikonen, 47. “It’s one of my big deals to me, to experience things with my kids. … I hope they’ll remember spending time with me.”

In Grand Rapids, where 94% coverage of the sun was expected, viewers gathered on the city's “Blue Bridge,” which offered a view of the eclipse over the Grand River. With no cloud cover over the city, visitors had an unobstructed scene. The Grand Rapids Public Museum set up a series of solar telescopes.

Jill and Wes Johnson, 50 and 14, were among those awaiting max coverage. They’d considered traveling from Grand Rapids to a place with total coverage, but decided 94% coverage was worthwhile enough to stay home.

“I think people are excited to see something unique,” Jill Johnson said.

− Georgea Kovanis and Arpan Lobo, Detroit Free Press

Witnessing the first total eclipse from a cruise ship

Passengers aboard Holland America's Koningsdam cruise ship eagerly gathered on the top decks at 10 a.m. local time to watch the spectacle of a solar eclipse.

Positioned off the coast of Mazatlan, Mexico − the first city in North America to witness the total eclipse − the ship provided an ideal vantage point for viewing the celestial event. Accompanied by an astronomer, the captain meticulously adjusted the ship's position to ensure the best possible view.

Dan Fueller, an experienced eclipse observer who had previously seen similar phenomena from ships in 1991 and 1998, emphasized the advantages of viewing the eclipse from a cruise ship. He noted the flexibility of the ship's mobility allowed for optimal positioning along the eclipse's path, ensuring unobstructed views.

"You're on a cruise ship and (the best view) is a little bit farther to the west or a little bit farther to the east − along the path, there's a clear sky − the ship can move. If you're on land and there's not a road there, you better have a tank."

− Joshuan Rivera

Partial eclipse 'like a little Pac-Man taking a bite out of the sun'

In Parthenon, Arkansas, the eclipse began near the Buffalo National River. Five friends traveled from Florida to be on a rock outcropping to witness the celestial event.

“Yes! I see it!” Angie Printiss exclaimed.

“Oh ya! You can see it,” said Kate Estes. “It’s like a little Pac-Man taking a bite out of the sun.”

At 20 minutes before totality, the sky got noticeably darker. The shadow of crescent sun shapes played off the limestone rocks.

“It looks like water − like fish scales,” Estes said. “That is so weird, when the trees move you can really see it.”

− Jennifer Portman

New Englanders travel for better view of the eclipse

Crowds ballooned into the thousands midday Monday in the center of St. Johnsbury, Vermont, as the nearly cloudless sky and warm sun boosted temperatures to an unseasonably 60 degrees.

Jim and Kim Cooper drove over from New Hampton, New Hampshire, their first time doing more than just passing through the town locals call St. Jays. Their son had proposed to his girlfriend in Tennessee during the 2017 eclipse and then had an eclipse-themed wedding, but the Coopers had never seen a total eclipse for themselves, so they decided to come to the closest place where they could be assured of a good view.

Jeffrey Breau had seen that 2017 eclipse for himself and was so impressed that he convinced family members to join him this time. Breau’s girlfriend, Nell Hawley, came up with him from Cambridge, Massachusetts, while his brother Alex and his girlfriend Diana Ventura drove up from New York City. The Breau brothers' father, Walter, joined them in taking in their first eclipse.

“I would have been OK watching it in the yard,” Walter said, though he would only have seen a partial eclipse from there. “That’s what you think now,” Jeffrey said quickly. “Talk to me in two hours.”

− Karen Weintraub

Kids bring homemade eclipse viewers to National Mall

Lucas and Lucy Porto Banco didn’t need to buy fancy eclipse glasses – the 7- and 10-year-old siblings made their own eclipse viewers from two cardboard shoe boxes left over from a couple of their mom’s recent shoe purchases.With the help of a YouTube tutorial video, they made two holes in each box with a whittling knife and taped tin foil over. Then they used dry spaghetti to poke holes in the tin foil for the sun’s light to pass through and project onto the dark inside of the box.The kids put together the viewer in little more than five minutes, Lucy said. “Maybe 15, with covering all the gaps in the shoe box,” she said.Even with his own eclipse-viewing creation, Lucas said he may still take advantage of his eclipse glasses. “I’m going to do both,” he said.

− Cybele Mayes-Osterman

What is an 'umbra?' − and other eclipse words

Astronomers and eclipse enthusiasts used a bunch of specialized words Monday as the nation experienced its first solar eclipse since 2017 and the last one for until 2044. Here are a few of those terms and what they mean, according to the American Astronomical Society .

Baily's Beads – This refers to the beaded appearance of the moon's edge as the eclipse nears totality. Shafts of sunlight shine through deep valleys on the moon's surface, which causes the effect known to observers as Bailey's Beads.

Umbra – The darkest part of the moon’s shadow, within which the entirety of the sun's bright face is blocked. An observer standing in the umbra sees a total solar eclipse.

Penumbra: The lighter part of the moon's shadow, making up its outer portion, where light can reach.

Corona – The sun’s upper atmosphere, visible as a pearly glow around the eclipsed sun during totality.

Totality – The maximum phase of a total solar eclipse, during which the moon’s disk completely covers the sun's bright face. It can last from a fraction of a second to a maximum of 7 minutes, 31 seconds, depending on viewing location and other factors.

− Dale Denwalt, The Oklahoman

A last-minute search for glasses for 'a perfect spot'

Patsy Faoro walked toward a half dozen people gathered at the gate of Turner Farm Park in Great Falls, Virginia. The people were awaiting the opening of an eclipse viewing event complete with telescopes and educational presentations.

Faoro, who lives near the park in this upscale Northern Virginia neighborhood, just wanted glasses to safely view the eclipse.

She visited CVS, Safeway and a 7/11 convenience store, all of which had advertised the availability of glasses to view the eclipse. None of the retailers had any glasses remaining when Faoro checked this morning.

“We have this great big open space that’s a perfect spot,” said Faoro, who viewed her first eclipse in the 1970s. “We just need some glasses.”

− Ken Alltucker

Indianapolis Motor Speedway event draws tens of thousands

Tory Patrick, 41, is hoping to give her four children a once-in-a-lifetime learning opportunity. Patrick and her family traveled 160 miles to Indianapolis Motor Speedway from their home in Granger, Indiana. They were expected to have 97% totality at home, but it’s not the same as total coverage, she said.

“They will be getting the full experience that they can’t read about in textbooks,” Patrick said.

Patrick and her sister Cally Gannon, 39, from Cincinnati, met in Indianapolis to view the eclipse from the speedway. They camped outside IMS over the weekend ahead of the event and on Sunday afternoon saw a double rainbow over the speedway’s iconic pagoda. An estimated 50,000 tickets were sold for the day’s festivities, presented in partnership with NASA and Purdue University.

Elsewhere in the stands, Ryan Harper, 30, knows today is special.

“We’re right in totality,” he said. “This sometimes doesn’t happen in people’s lifetimes.

— Sarah Bowman and Jade Thomas

Family travels from Baltimore to Rochester, N.Y., to view the eclipse

When Maze Pelham of Baltimore was a fifth-grader, he watched news of the 2017 solar eclipse and vowed to witness the next notable solar eclipse. That eclipse, and that day, has come. And this is why he and his parents, Janice and Sonney Pelham, left Maryland around 1 a.m. on Monday and drove nearly seven hours to Rochester, New York.

“I said to myself I would go to the next one,” Maze Pelham said while seated with his parents on lawn chairs at downtown Rochester’s Parcel 5 park, where he and hundreds of others are awaiting a view of the full eclipse. “It’s a promise I made to myself.”

– Democrat and Chronicle, part of the USA TODAY Network

In Brooklyn: Eclipses glasses, check. Lawn chair, check.

Ralph Emerson held a pair of paper sunglasses in his hands while riding the subway to Brooklyn's sprawling Prospect Park on Monday. He exited the train with a folded lawn chair strapped across his shoulder, and said he felt energized and full of anticipation.

"This is special," Emerson, 61, said. "I haven't woken up with this much excitement since the Super Bowl."

Walking to the park's botanic garden, Emerson said appreciating natural phenomena makes it easier to manage the stresses that come with living in a big city. Also like a big sports game, the eclipse will draw lots of people together to experience something much larger than themselves, in community, he said.

"A lot of times it's tragedies that bring us together, but sometimes things like this do," he said.

− Claire Thornton

Texas Eclipse Festival cut short by weather

The Texas Eclipse Festival was canceled Monday in Burnet County, 50 miles northwest of Austin, because of weather concerns. The festival, which included bands and other events, began Sunday and was supposed to wrap up Tuesday.

"We regret to inform you of the severe weather forecast, including risks of high winds, tornadic activity, large hail, and thunderstorms for later today, including during the eclipse, Tuesday, and Wednesday," festival organizers said on their website. "Your safety is our top priority."

Festivalgoers were urged to leave early for safety and to beat traffic. Guests, however, were allowed to stay "provided they pack and are prepared to depart after totality."

Traffic jams, collisions mar eclipse watchers' travel

Traffic crashes and road delays were reported across the nation as Americans flocked to prime locations to gaze up at the rare solar eclipse . Local roads and highways in states including Texas, Ohio, Illinois, Indiana, Vermont and New Hampshire were overwhelmed with eclipse chasers, many of whom were from out of state. The most intense bottlenecks appeared to be in the path of totality , where spectators will be able to view the full eclipse.

In Oklahoma, a crash around 7:30 a.m. local time narrowed eastbound lanes on I-40, a major transcontinental highway that runs from California to North Carolina. The crash occurred not far from several state parks that were hosting eclipse events, and it's also within driving distance of the full eclipse path, which includes parts of southeastern Oklahoma and Arkansas.

Multiple crashes were reported on an interstate in Waco, Texas, a city in the path of totality, where several festivities and eclipse viewing events were scheduled. The crashes all occurred on I-35, which runs from southern Texas to Minnesota.

"Expect major traffic delays in this area," the Texas Department of Transportation said in a statement .

− Christopher Cann

Airport draws a crowd of jets for eclipse

EAGLE PASS, Texas − Maverick County International Airport in Eagle Pass, Texas, usually sees maybe three private planes a day. By 10 a.m. CT on Monday, more than 10 planes crowded the tarmac, including Cessnas, Pipers and at least one corporate jet − all there to catch an early glimpse of the total solar eclipse. Eagle Pass will be one of the first American cities to witness the phenomenon. Some watchers, like Brandon Beck, 43, flew in Sunday night from San Diego and spent the night in a sleeping bag on the tarmac next to his friend’s Mooney single-prop piston four-seater.“We’re so lucky to be on a planet where the sun is the perfect size and perfect distance to create that effect,” he said. “It’s obligatory. We have to see it.”

First the Cherry Blossoms, then the eclipse

WASHINGTON − The Cherry Blossoms brought Ali and Aurore Youssouf to the city all the way from Paris, but the pair were delighted to learn that their trip would overlap with the eclipse. The day is extra special for Aurore Youssouf, 43, who has never seen an eclipse before. On Monday morning, the couple arrived by chance at the National Mall early enough to snag a few pairs of free eclipse glasses distributed by the Smithsonian National Air and Space Museum for the occasion.“We didn’t even know. We just ended up here and found out that they were giving away some glasses,” said Ali Youssouf, 46.

Awaiting eclipse − and hail − in Texas

KERRVILLE, Texas − Forecasts called for considerable cloudiness, rain and possible hail, but retired NASA engineer Jeff Stone stayed positive as he and his wife prepared to host more than a dozen people for a watch party at their hilltop home in Texas Hill Country. Stone, an eclipse enthusiast who had met family in Missouri to watch the solar eclipse of 2017, said he recently reviewed video footage of that event and said current conditions weren’t that much different than they were back then.

“I’m outside and seeing patches of blue among scattered clouds, so we’re remaining hopeful,” he said.

About 150 miles to the northeast in Gatesville, lead pastor Eric Moffett of Coryell Community Church said a similar forecast did little to deter an expected gathering of about 800 visitors for the church’s family-oriented “Eclipse at the Crosses” event. Many, if not most, were from out of town or even out of country − Canada, Wales, France, Italy. Many locals were staying home to avoid the crowd, he said.

“It’s partly cloudy, but the sun is shining on me right now,” he said. “We are praying that it stays that way.”

− Marc Ramirez

What is the difference between a solar eclipse and a lunar eclipse?

A  total solar eclipse  occurs when the moon comes in between the Earth and the sun, blocking its light from reaching our planet, leading to a period of darkness lasting several minutes. A total lunar eclipse occurs when the moon and the sun are on exact opposite sides of Earth. The Earth blocks the sunlight that normally reaches the moon. Instead of that sunlight hitting the moon’s surface, Earth's shadow falls on it.

A lunar eclipse can last for a few hours, while a solar eclipse lasts only a few minutes. Solar eclipses also rarely occur, while lunar eclipses are comparatively more frequent. While at least two partial lunar eclipses happen every year, total lunar eclipses are still rare, NASA says. Another major difference: No special glasses or gizmos are needed to view the a lunar eclipse, and people can directly stare at the moon.

− Saman Shafiq

Solar eclipse, lunar eclipse: What is the difference?

Can you drive during the solar eclipse?

The  2024 solar eclipse  will shroud much of the United States in darkness on Monday, leaving many people to wonder: Is it safe to drive during the solar eclipse?

It is safe to drive during an eclipse as long as you don't look up at the sky. AAA is telling drivers to be focused on the road if they are operating a car during the total solar eclipse. But the automobile insurance company is advising Americans who want to safely view the total eclipse to "find a safe place to park (not on the side of a road or highway) away from other traffic and then wear your eclipse glasses," said Aixa Diaz, a spokeswoman from AAA.

"Pack your patience, whether traveling a great distance or locally," Diaz said. "People will be out and about to catch a glimpse of the eclipse."

A similar scenario  played out in 2017 during the nation's last total solar eclipse : Congestion in some areas lasted for up to 13 hours after totality,  according to Transportation Research News , a National Research Council publication. An analysis of traffic patterns from that year suggests the worst of the traffic – on interstates and rural back roads alike – will kick off after the eclipse ends and everyone tries to leave all at once.

− Kayla Jimenez

When will the next solar eclipse happen?

It will be 20 years before there's a chance to  witness a total solar eclipse  in the United States again. According to NASA, after Monday's total solar  eclipse , the next one viewable from the contiguous U.S. will be on Aug. 23, 2044.

Unfortunately, the 2044 total  solar eclipse  won't have the broad reach across the U.S. as the 2024 eclipse. The path of totality during the 2044 eclipse will only touch three states, according to the Planetary Society, a nonprofit involved in research, public outreach and political space advocacy. The eclipse will begin in Greenland, sweep through Canada and end around sunset in Montana, North Dakota and South Dakota.

But another eclipse scheduledfor Saturday, Aug. 12, 2045, will trace a path of totality over California, Nevada, Utah, Colorado, New Mexico, Oklahoma, Kansas, Texas, Arkansas, Missouri, Mississippi, Louisiana, Alabama, Florida and Georgia.

− Mary Walrath-Holdridge, Gabe Hauari and Eric Lagatta

Eclipse and pets: It's not the sky that's the problem

An  eclipse  itself isn't dangerous for domestic animals such as dogs and cats, but experts say it's probably best to not bring pets to  experience the April 2024 total solar eclipse . Experts' biggest concern is not what’s happening in the sky but on the ground as crowds of excited and  eager people gather , said Dr. Rena Carlson, president of the American Veterinary Medical Association. Dogs especially will take their cues from their owners rather than  the celestial event.

“Rather than the effects of the eclipse, I would be more worried about the excitement and all of the people,” Carlson said.

− Elizabeth Weise

A guide to the solar eclipse for kids

Here's an easy-to read, illustrated guide to help kids understand what the  April 8 total solar eclipse  means, where it will be visible and how you can watch it safely. It also shows them how an ordinary kitchen colander can easily be used to view a solar eclipse − the colander's holes can project crescent images of the sun onto the ground. There are even pages that can be downloaded and colored.

Trump's eclipse experience lit up internet in 2017

Seven years ago, when the last  total solar eclipse  crossed over North America, a photo of then-President Donald Trump  seemingly gazing at the sun with his naked eyes set the internet ablaze . During the afternoon of Aug. 21, 2017, Trump, who was president at the time, was joined by then first lady Melania Trump and their son Barron  to watch the rare phenomenon from the Truman Balcony  at the White House. Photos taken by members of the media captured all three donning eclipse glasses while looking at the eclipse.

But at one point during the viewing, the former president was captured in photos and videos without proper eye protection, seemingly gazing directly at the sun. Looking at an eclipse before or after the brief phase of totality without proper eyewear  can lead to eye damage .

− Natalie Neysa Alund

When is the next total solar eclipse? What to know about the next eclipse's path, timing

How to make a solar eclipse viewer

People who didn't manage to get their  hands on glasses  are not completely down and out. There are other safe ways to view the eclipse , say experts, and a lot of them only require a little bit of craftiness and items you can find lying around the house.

Steps to make the cereal box eclipse viewer (And here is a video aid) :

• Get an empty, clean cereal box.
• Cut a white piece of cardboard that will fit snuggly in the bottom of the box, or secure it permanently by gluing it in place.
• Cut the top of the cereal box, removing both ends and leaving the center intact.
• Put a piece of tape across the center of the top to securely hold it closed.
• Tape a piece of heavy-duty foil or double a single layer for additional strength, covering one of the openings at the top of the cereal box. The other opening will remain open for viewing.
• Using a small nail (approximately 3mm in diameter) push a hole in the foil.
• Cover the entire box with construction paper, leaving the single-viewing opening and the foil uncovered.

The finished box should be held with the pin-hole side facing the sun. It may take a little practice pointing the box. With your back facing the sun, look through the viewing opening. A small image of the sun, about ½ cm in diameter, can be seen projected on the white paper inside the box.

− Mary Walrath-Holdrid

What is the path of the solar eclipse called?

Those in the direct line of the eclipse will be treated to an incredible sight as the moon completely blots out the sun's disk, ushering in uncharacteristic darkness and revealing the sun's elusive outermost layer called the corona. That moment is called "totality" and this year the path of totality crosses through 13 U.S. states.

The last total solar eclipse to cut through North America was in August 2017.

How to look at eclipse without glasses

A total solar eclipse offers skygazers the rare opportunity to witness the eclipse with the naked eye. However,  solar eclipse glasses  are still needed until totality is reached. 

Certified solar eclipse  glasses are crucial for spectators to avoid the sun's retina-damaging rays. But when the moon moves completely in front of the sun and blocks its light, you'll know it's  safe to remove the glasses  for a short period of time.

How fast does an eclipse shadow travel?

According to a post from the  National Weather Service  in Indianapolis on X, an eclipse shadow travels at speeds from 1,100 to 5,000 mph. Near the equator, it travels at around 1,100 mph and increases in speed as it approaches the poles.

The eclipse party is over? Time to recycle those glasses!

Astronomers Without Borders , or AWB, a non-profit organization running its second nationwide  eclipse glasses recycling drive . Her business will join over 300 schools, museums, city governments, commercial businesses, community organizations and local libraries that will collect and ship an estimated  millions of glasses  to be repurposed for use by underserved communities around the world in  future solar eclipses .

AWB launched its first run of the program after the last solar eclipse in 2017 when volunteer centers across the country collected millions of the glass. After vetting them for reuse, more than  half a million glasses were distributed to Africa, Asia and South America.

People can visit  AWB's website  to find their nearest participating collection center and learn more about recycling the glasses, said Andrew Fazekas, the organization's communication manager.  

"We figure there's probably going to be tens of millions of glasses out there at the very least," he said. "And most of them are probably very gently used."

Your last-minute guide to Monday's total solar eclipse

A total solar eclipse will cross North America on Monday , offering millions a rare opportunity to see afternoon skies temporarily darken as the moon blocks the face of the sun.

Tune into NBC News NOW as Lester Holt hosts a two-hour special at 2 p.m. ET Monday from Indianapolis Motor Speedway.

The eclipse's path fortuitously cuts across Mexico, 15 U.S. states and a small part of eastern Canada. In all other states in the continental U.S., viewers will be treated to a partial solar eclipse, with the moon appearing to take a bite out of the sun and obscuring part of its light.

Here’s everything you need to know about the rare celestial event.

What is a solar eclipse?

Solar eclipses occur when the sun, moon and Earth align. The moon passes between Earth and sun, temporarily blocking the sun’s light and casting a shadow on Earth.

A total solar eclipse is when the moon fully obscures the sun, whereas a partial solar eclipse means it blocks just a portion of the sun’s face.

Solar eclipses occur only with the new moon. Because the moon’s orbit around Earth is tilted, the three bodies don’t always line up in a way that creates an eclipse.

“Imagine if the moon’s orbit were in the plane of Earth’s orbit around the sun — if that were the case, then every new moon, you’d have a total solar eclipse and every full moon, you’d have a lunar eclipse,” Neil DeGrasse Tyson, director of the Hayden Planetarium at the American Museum of Natural History, told NBC News. “So, because things don’t always align, it lends to the rarity of the event and the specialness of the event.”

Where and when will the eclipse be visible?

This year’s eclipse will follow a slightly wider path over more populated areas of the continental U.S. than other total solar eclipses have in the recent past.

NASA estimates that 31.6 million people live within what’s known as the path of totality, where the total solar eclipse will be visible. An additional 150 million people live within 200 miles of the path, according to the agency.

The path travels through Texas, Oklahoma, Arkansas, Missouri, Illinois, Kentucky, Indiana, Ohio, Pennsylvania, New York, Vermont, New Hampshire and Maine. Tiny parts of Michigan and Tennessee will also be able to witness totality if conditions are clear.

After the eclipse crosses into Canada, it will pass over southern Ontario, Quebec, New Brunswick, Prince Edward Island and Cape Breton, at the eastern end of Nova Scotia.

Those outside the path of totality can still take part in the astronomical event by viewing a partial solar eclipse — visible throughout all 48 states of the contiguous U.S. — or a NASA livestream.

The timing, including how long totality lasts, depends on the location, but some spots will see the moon fully cover the sun for up to 4 minutes and 28 seconds.

Below is a list of timings for some cities along the path of totality, as  provided by NASA . A number of other resources, including NationalEclipse.com  and  TimeandDate.com , can also help people plan.

• Dallas: Partial eclipse begins at 12:23 p.m. CT and totality at 1:40 p.m.
• Little Rock, Arkansas: Partial eclipse begins at 12:33 p.m. CT and totality at 1:51 p.m.
• Cleveland: Partial eclipse begins at 1:59 p.m. ET and totality at 3:13 p.m.
• Buffalo, New York: Partial eclipse begins at 2:04 p.m. ET and totality at 3:18 p.m.
• Lancaster, New Hampshire: Partial eclipse begins at 2:16 p.m. ET and totality at 3:27 p.m.

How to safely view a solar eclipse

It is never safe to gaze directly at the sun, even when it is partly or mostly covered by the moon. Special eclipse glasses or  pinhole projectors  are required to safely view solar eclipses and prevent eye damage. Failing to take the proper precautions can result in severe eye injury,  according to NASA .

Eclipse glasses are thousands of times darker than normal sunglasses and specially made to enable wearers to look at the sun during these kinds of celestial events.

Sky-watchers should also never view any part of the sun through binoculars, telescopes or camera lenses unless they have specific solar filters attached. Eclipse glasses should not be used with these devices, as they will not provide adequate protection.

However, during the few minutes of totality, when the moon is fully blocking the sun, it is safe to look with the naked eye.

Beware of fake eclipse glasses. On legitimate pairs, the lenses should have a silver appearance on the front and be black on the inside. The manufacturer’s name and address should be clearly labeled, and they should not be torn or punctured. Check, as well, for the ISO logo and the code “IS 12312-2” printed on the inside.

If you don’t have eclipse glasses, you can make a homemade pinhole projector, which lets sunlight in through a small hole, focuses it and projects it onto a piece of paper, wall or other surface to create an image of the sun that is safe to look at. 

All you need is two pieces of white cardboard or plain white paper, aluminum foil and a pin or thumbtack. Cut a 1- to 2-inch square or rectangle out of the center of a piece of white paper or cardboard. Tape aluminum foil over that cut-out shape, then use a pin or thumbtack to poke a tiny hole in the foil.

During the eclipse, place a second piece of white paper or cardboard on the ground as a screen and hold the projector with the foil facing up and your back to the sun. Adjusting how far you hold the projector from the second piece of paper will alter the size of the image on the makeshift screen.

What to look for while viewing the total solar eclipse

For people along the path of totality, there are some fun milestones to keep track of as the total solar eclipse unfolds.

As the eclipse progresses and the sun gets thinner in the sky, it will start to get eerily dark, according to Tyson.

When the last beams of sunlight are about to become obscured, look out for the “diamond ring effect”: The sun’s atmosphere will appear as an illuminated halo, and the last light still visible will look like the diamond of a giant ring.

As the sunlight decreases even further, an effect known as Baily’s beads will be created by the moon’s rugged terrain. Tiny “beads” of light will be visible for only a few seconds around the dark moon, as the last bits of sunlight peer through the moon’s mountains and valleys.

When the moon is fully blocking the sun, it is safe to remove eclipse glasses and look at the total solar eclipse with the naked eye.

Some lucky sky-watchers may even catch a glimpse of a comet .

Comet 12P/Pons-Brooks — nicknamed the “ devil comet ” because an eruption last year left it with two distinct trails of gas and ice in the shape of devil horns — is currently visible from the Northern Hemisphere as it swings through the inner solar system.

The comet can be seen in the early evenings by gazing toward the west-northwest horizon. During the eclipse, when skies darken during totality, it may be possible to see the comet near Jupiter, but its visibility will depend on whether it’s in the middle of an outburst and thus brighter than normal.

Most likely, all eyes will be on the alignment of the moon and sun.

“Most people won’t even notice,” Tyson said. “But if you know to look, it’s there.”

When is the next solar eclipse?

The next total solar eclipse will be in 2026, but it will mostly pass over the Arctic Ocean, with some visibility in Greenland, Iceland, Portugal and northern Spain. In 2027, a total solar eclipse will be visible in Spain and a swath of northern Africa.

The next total solar eclipse visible from North America will be in 2033, but only over Alaska. Then in 2044, a total solar eclipse will cross Montana, North Dakota, South Dakota, parts of Canada and Greenland.

The next total solar eclipse to cross the continental U.S. coast-to-coast in will occur in 2045. The path of totality for that eclipse will cut through California, Nevada, Utah, Colorado, New Mexico, Oklahoma, Kansas, Texas, Arkansas, Missouri, Mississippi, Louisiana, Alabama, Georgia and Florida.

Denise Chow is a reporter for NBC News Science focused on general science and climate change.

Lucas Thompson is a content producer for the NBC News Climate Unit.

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Map: 4.8-Magnitude Earthquake Strikes New Jersey

By William B. Davis ,  Madison Dong ,  Judson Jones ,  John Keefe ,  Bea Malsky and Lazaro Gamio

Shake intensity

A light, 4.8-magnitude earthquake struck in New Jersey on Friday, according to the United States Geological Survey. The quake was felt across the New York City metropolitan area, and from Philadelphia to Boston.

The temblor happened at 10:23 a.m. Eastern about 4 miles north of Whitehouse Station, N.J., data from the agency shows.

As seismologists review available data, they may revise the earthquake's reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

Aftershocks in the region

At 5:59 p.m. Eastern on Friday, a light aftershock with a magnitude of 3.8 struck near Gladstone, New Jersey, according to U.S.G.S. (The agency initially gave the quake a preliminary magnitude of 4.0.)

An aftershock is usually a smaller earthquake that follows a larger one in the same general area. Aftershocks are typically minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

Quakes and aftershocks within 100 miles

Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

How this quake compares

The U.S.G.S. has logged 188 earthquakes with a magnitude of 2.5 or greater within a 250-mile radius of New York City since 1957. In that timeframe, only seven have had a magnitude at or above 4.5. Today’s quake had the third-highest magnitude in the available data.

Today’s earthquake

Magnitude 4.8

250-mile radius

from New York City

Source: U. S.G.S.

By Lazaro Gamio

Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Eastern. Shake data is as of Friday, April 5 at 10:44 a.m. Eastern. Aftershocks data is as of Monday, April 8 at 5:07 p.m. Eastern.

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