Zoning isn’t just a set of rules buried in a municipal code, it’s one of the most powerful tools local governments have to shape the character, growth, and long-term success of a community. For anyone involved in municipal law or for anyone planning to build on their land, from an individual who is planning to put up a fence to a developer who is planning a development project, understanding zoning laws and how they work isn’t just helpful, it’s essential.
What Zoning Really Does
Zoning laws have two basic functions; to determine what land can be used for by dividing the municipality into districts, such as residential districts, commercial districts, industrial districts, or mixed-use districts. Included in what land can be used for are other restrictions, such as how much parking is required, drainage requirements, and the minimum size of the land the building is proposed. Zoning also regulates where structures are built on the land using setback limits, limits on how close buildings can be to one another and with density restrictions. It’s how a community says: “Here’s how and where we want to grow.
From a legal perspective, zoning is about balancing private property rights with the public interest. That’s not always easy. And that’s where attorneys often come in.
Where the Law Gets Involved
Zoning isn’t just policy, it’s legal infrastructure. Every zoning decision must comply with state statutes if it is a township, local ordinances, and constitutional protections. When a developer wants to build something that doesn’t comply with the current statutes or ordinances, or when the municipality or landowner wants to change zoning, legal counsel becomes a critical part of the process.
Attorneys practicing in this space often deal with:
- Rezoning applications
- Hearings required for Variance requests and conditional use permits.
- Development agreements and site plan approvals
- Litigation over zoning denials or alleged constitutional “takings.”
- Drafting and updating zoning ordinances for municipalities
Zoning in the Real World
Let’s say an individual wants to build a fence in their backyard to keep their dog from running loose. That individual must comply with the height and setback regulations in the relevant zoning statute and obtain a zoning permit.
If a developer wants to turn an aging strip mall into a vibrant mixed-use complex with housing, retail, and public space, they must also comply with the relevant zoning statutes. If the zoning code doesn’t allow the development they envision, they’ll need to work with the municipality to request a change in the zoning or seek a variance. That means public hearings, planning commission meetings, board of zoning appeal hearings, possible legal filings, and likely, a few late-night council sessions.
It’s not just paperwork. It’s negotiation, strategy, and an understanding of how local laws interact with long-term planning goals. That’s where legal expertise makes all the difference.
Why It Matters
For municipalities, good zoning law helps ensure sustainable development, protect community character, and protect property values. For developers and property owners, it provides a roadmap, and when needed, a path to negotiate, appeal, or collaborate.
At Kocher & Barney, we serve municipal clients, private citizens and developers. Whether we’re advising a municipality on a zoning overhaul or helping a client move a project from idea to approval, or helping an individual put up a fence, we bring a legal lens to the process, one that helps avoid roadblocks and keep progress moving forward.
Zoning law may not always make headlines, but behind nearly every development you see, or don’t see, is a legal story. And Kocher & Barney are here to help make sure it’s a successful one.
Our firm’s longstanding commitment to municipal law ensues that clients receive knowledgeable and dedicated representation tailored to the unique needs of their communities.
Kocher & Barney currently represents four area villages and six townships in Sandusky County.