What is a Construction Zoning Permit?

Short version: A construction zoning permit is a permission from your local government that your proposed construction is allowed by the local zoning rules. It is not a building permit — a common confusion, since the two are issued by different departments, review different aspects of your project, and in many cases you need one before the other. If you’re thinking about any kind of construction project, you’ll most likely have to deal with zoning in one way or another.

This guide will explain what a construction zoning permit is, when you need one, what the zoning officer will review, and how it all fits together.

What is a Zoning Permit Anyway?

Your local government issues a zoning permit to indicate that a certain use of land or structure is allowed by the local zoning regulations. It’s the government’s way of telling you “Yes, you can do this on this piece of land”.

In short, every parcel of land falls under a zoning category, which determines what you can and cannot do with it. Some zones are residential, some are commercial, some are industrial, some are for warehouses or retail shops, and so on. And within any given zone there are additional rules about how big a structure can be, how close to the street it must be, how much of the parcel it can occupy, how many parking spaces it must have, and so on.

A zoning permit is the official confirmation that your proposed construction or land use falls under the rules of the zone it’s in. It is usually issued by the zoning officer, not the building inspector. The officer will review your plans and confirm that your project complies with the local zoning regulations. Seems straightforward, doesn’t it?

However, there is nuance — there always is. Every local government has its own set of detailed zoning regulations, which can be several hundreds of pages long. What is allowed in one jurisdiction may be prohibited in the other — and these differences can be enormous. Which is why it’s important to research your local regulations before jumping into any construction project.

It bears mentioning again that a zoning permit is not a building permit. They are two completely separate documents, issued by different departments, reviewing different criteria.

Zoning Permit vs. Building Permit: What’s The Difference?

One of the reasons why people get confused between a zoning permit and a building permit is that both are needed for any construction project. However, the two permits serve completely different purposes and deal with different aspects of your project.

In general, a building permit focuses on the “How”. It’s a confirmation from the building department that your plans meet the building safety standards. A zoning permit focuses on the “What and where”: whether your project falls under the regulations of the zone it’s supposed to be built in. They’re both needed permits for any construction project (with a few exceptions), but they’re issued separately and have nothing to do with each other.

More specifically, a building permit ensures that your project is safe and up to code, while a zoning permit ensures that your project is legal within the boundaries of your parcel. Some people think that a building permit automatically includes a zoning permit, but this is unfortunately not the case.

In practice, think of a building permit as “Do this and it will be safe”, and a zoning permit as “Do that and it will be legal”. You cannot have one without the other in most cases, and they may need to be applied for separately. In many cases, you have to get a zoning permit first, since the building department will not review your plans until the zoning department confirms that the project is legal.

But even if you get a zoning permit, it does not mean that you will automatically get a building permit — the two permits have nothing to do with each other, and one does not imply the other. You can get denied a building permit even if you have a zoning permit — for example, if your project does not meet the safety standards — or denied a zoning permit even if you have a building permit — for example, if your project violates zoning regulations. You are responsible for meeting the requirements of both permits — or, if you are denied either of them, for figuring out what to do next.

When Do You Need A Zoning Permit?

Zoning permits are necessary for almost any construction project, but the specific requirements for your project will vary depending on your local government. In general, you will need a zoning permit for the following:

New construction / additions to buildings / changes to structures.

This includes any kind of structure — residential, commercial, or otherwise.

Accessory structures.

Sheds, detached garages, pole barns, gazebos, carports, and other similar structures typically require a zoning permit. Most of these structures do not need a building permit, but they may still require a zoning permit. The zoning officer will determine whether your shed or other accessory structure is legal on your parcel of land.

For shed-related permit research, see the Permitrust shed permit guide .

Decks, patios, above-ground or in-ground swimming pools, pergolas, or trellises.

Depending on your local government, any of these structures may require a zoning permit. They all affect the use of land, and therefore fall under the jurisdiction of the zoning department.

Fences, walls, or other yard structures.

Building a fence, a retaining wall, or other yard structures typically requires a zoning permit. Setbacks, height, and other restrictions will be reviewed by the zoning department.

Setback requirements are also covered in our zoning setbacks guide .

Change of use.

If you are proposing a change of use for a building or structure, it will most likely require a zoning permit. This includes turning a residential building into a commercial building, or starting a business in your residence.

Signs.

Most signs, including billboards, require a zoning permit.

Driveways, parking areas.

Creating a new driveway or parking area typically requires a zoning permit. In some cases, driveways are subject to special regulations.

Home occupation.

If you are proposing a home occupation (running a business from your residence), it will most likely require a zoning permit. Some local governments allow such businesses with certain restrictions, while others prohibit them altogether.

Short-term rentals.

Depending on your local government, short-term rentals (such as Airbnb) may require a zoning permit or a special use permit.

This is far from an exhaustive list — there are many other projects that require a zoning permit. However, in general, any construction project that involves a structure of any kind, as well as some types of land use (such as driveways or change of use), will most likely require a zoning permit in your area.

What Will The Zoning Officer Review?

When you apply for a zoning permit, the officer will review it in the context of the local zoning regulations. In general, they will focus on the following points.

Land use.

The most basic review is what kind of use you are proposing. Is it a residential use, a commercial use, or something else? Most structures fall under a certain category, and each category has its own requirements. In short, a residential shed is allowed, but a commercial auto repair shop is not. The officer will review whether your proposed project fits within the boundaries of the zone it’s supposed to be built in. The exact requirements will be spelled out in the local zoning regulations. In general, some uses are completely prohibited in a zone, some require a special review, and some are generally allowed.

Setbacks.

How far will your structure be from the property line? This distance is called a setback, and it must be specified for each type of structure. Most buildings have a front setback (distance from the street), a side setback (distance from the property line on either side), and a rear setback (distance from the rear property line). Setbacks for corner lots are typically more restrictive than other lots because of the frontage on two streets. Setbacks can vary for different structures, as well.

Height.

How tall is your proposed structure? Most zoning regulations include a maximum height for structures.

Lot coverage.

How much of your lot will be occupied by your structure? Many jurisdictions have restrictions about how much land can be occupied by a building, parking lots, driveways, and other structures. If you are planning to put up a shed in your backyard or add on to your existing structure, you’ll want to make sure that you’re not going over the maximum square footage.

Density.

This one typically applies to multifamily structures and commercial buildings, but may also apply to residential structures depending on your jurisdiction. Density refers to the number of dwelling units per acre. Many jurisdictions have a minimum and/or maximum density requirement for multifamily projects.

Parking.

Same as density, this one primarily applies to commercial structures, but may also apply to residential structures. Parking requirements are typically spelled out for every commercial building category. Zoning regulations stipulate how many parking spaces a commercial project must have.

Floor area ratio.

This one primarily applies to commercial structures in large cities, but it still appears occasionally for residential structures. It refers to the ratio between the square footage of a structure on a lot and the square footage of the lot itself. It serves essentially the same purpose as density — to limit the amount of development on a given lot.

Environmental and special overlay districts.

There are several special districts that apply additional restrictions to certain areas. This can include floodplains, wetlands, and historic districts, among others. These areas typically have additional restrictions beyond standard zoning regulations. If your project falls within any of these special districts, you may need additional approvals.

To apply for a zoning permit, you will typically need to provide a few documents. The exact requirements will vary, but in general you will need to provide a site plan or a plot plan. It is typically drawn to scale, and shows the location of your proposed structure in relation to your property lines and any structures on the lot. You may also need to provide a survey, unless you’re applying for a permit for an accessory structure such as a shed. Some jurisdictions require a survey to be prepared by a licensed surveyor, while others accept a site plan with approximate measurements.

What If Your Project Does Not Comply?

If your project does not comply with the local regulations, the zoning officer will deny your permit application. There is one more option, however: applying for a variance. A variance is a special permission from the local government to deviate from standard regulations. They’re usually granted by the zoning board or the appeals commission, which are technically different entities from the zoning officer.

To apply for a variance, you will need to demonstrate that applying standard regulations would cause an undue hardship, and that the variance will not cause any negative effects on the surrounding area. There are two types of variances: area variances and use variances. Area variances are deviations from regulations pertaining to area, setbacks, height, and other measurements. Use variances pertain to uses — for example, if residential use is prohibited in a certain zone, but you want to apply for permission to use the property as a residence. Use variances are generally much harder to obtain than area variances.

Variance applications are usually denied or approved at a public hearing. You may need to appear in person to defend your application. Your neighbors may also appear to speak against your application. If your application is denied, you have limited options, since variances are usually only granted once. If you want to change your project to comply with regulations, you’re welcome to do so – but in practice, you will find that it is much easier to comply with regulations than to apply for a variance.

See why it is so important to research regulations before you embark on any project.

How Zoning Permits Fit Into The Bigger Picture

Here’s a quick summary of how the permitting process generally works. Keep in mind that the exact process will vary depending on your jurisdiction.

1. You determine what you want to build.

2. You research local regulations to see if it is allowed in your zone.

3. If it is allowed, you prepare your application and submit it for review.

4. If your application is approved, you can move on to the next step – obtaining a building permit. If it is denied, you can try applying for a variance or revise your application.

5. You apply for a building permit, which has its own set of requirements. It is another permit, issued by a different department, reviewing different criteria.

6. If your application is approved, you can begin your project, and apply for inspections as needed.

7. Upon completion of your project, you may need another permit or certificate of compliance from the zoning department. This confirms that your completed project complies with the regulations.

8. Finally, you apply for a certificate of occupancy (or another name for it, depending on your jurisdiction), which allows you to occupy the building or use the structure. This certificate comes from the building department, and it confirms that your structure is safe to occupy. The building department will only issue it to you if all inspections have passed.

Note that in some jurisdictions some of these steps are combined, or additional permits are required. In general, however, this is the approximate process.

Common Issues and Special Considerations

There are several special considerations that may arise when applying for a zoning permit. The following cases are especially common, and may affect your project:

Nonconforming properties and structures.

A nonconforming property or structure is a property or structure that existed prior to the adoption of the current zoning regulations, but does not conform to them. In other words, it was legal to build it when it was built, but it would not be legal to rebuild it today. Nonconforming structures typically cannot be expanded, and may be subject to stricter regulations. If you are considering buying or renovating a nonconforming property, consult the local zoning officer before planning any project.

Corner lots.

These lots have two frontages on streets, and therefore have two front setbacks. The requirements are generally more stringent than for other lots – especially when it comes to fences and other structures. In particular, you may not be able to put up a fence on the corner of two streets without permission from the local government.

Historic districts.

If you own a property in a historic district you will need additional approval from the historic district commission, in addition to the regular zoning approval. The requirements are generally more stringent as well – especially when it comes to renovations and alterations to the property.

Flood zones.

Properties in flood zones are subject to additional restrictions and requirements. Most of them deal with elevation – your structure must be elevated above the level of the flood. Consult the local government for specific requirements.

Homeowners associations (HOA).

HOAs are private organizations, but they do have authority over certain matters. They may adopt rules that are more stringent than those imposed by the local government. Make sure to review their requirements as well.

Easements.

Utility easements or drainage easements prevent you from building structures on them, or prevent you from altering the land in any way. Check your survey and/or deed to see if your property has any easements.

Final Notes

A construction zoning permit is your local government’s way of saying that your project is allowed by the local regulations. It focuses on land use — specifically, the use of your parcel. Zoning regulations are generally designed to ensure that your project fits within the larger picture — will not violate any neighbors’ rights, will not detract from the value of your property, and will help maintain a general order and safety in the community.

Any kind of construction project, including sheds, decks, fences, or swimming pools, will most likely require a zoning permit in addition to a building permit. It is important to consult the local zoning officer before planning any project. In many cases, you will need to provide a plot plan or site plan, to demonstrate that your project complies with local regulations.

The process may seem complicated and time-consuming, but it has to be done. Regulations exist for a reason — to prevent conflicts and maintain order. As a responsible citizen, it is your responsibility to follow them. Fines, project delays, and even forced removal of your structure await those who fail to comply.

Disclaimer: Permitrust is a permit research service and an independent entity. We are not a government agency. The requirements, exemptions, and measurements mentioned in this article are general in nature and may vary significantly from one jurisdiction to another. Always confirm the requirements with the local government before beginning any work.

The information included in this guide is based on research conducted by Permitrust for informational purposes only.