Legal Definitions - building restrictions

Building restrictions are legal rules or regulations that control what kind of structures can be built on a specific piece of land. These rules dictate various aspects of construction, such as the size, height, design, materials, and even the purpose of buildings allowed in a particular area.

These restrictions typically originate from two main sources:

• Zoning ordinances: These are laws enacted by local governments (like cities or counties) to manage land use and development within their jurisdiction.
• Restrictive covenants: These are private agreements, often included in property deeds, that place limitations on how land can be used or developed, usually established by a developer for a subdivision or a homeowners' association.

Here are some examples illustrating building restrictions:

• Imagine a suburban neighborhood where local zoning laws dictate that all residential homes must be single-family dwellings and cannot exceed two stories in height. These laws also specify a minimum setback from the property lines, meaning houses must be built a certain distance from the street and neighboring properties. A homeowner who wishes to add a third story to their house or convert it into a multi-unit apartment building would be prevented from doing so by these building restrictions.

• Consider a newly developed master-planned community where the developer has included specific clauses in every property deed. These clauses, known as restrictive covenants, might require all homes to be built with a specific architectural style, such as Mediterranean revival, and mandate the use of certain exterior materials, like stucco or tile roofs. If a homeowner decides they want to build a modern glass-and-steel house with a flat roof, they would be violating these private building restrictions, which could lead to legal action from the homeowners' association or other residents.

• In a historic downtown district, the city council has established special overlay zoning regulations to preserve the area's unique character. These regulations act as building restrictions, requiring that any new construction or significant renovation must adhere to strict guidelines regarding facade materials, window styles, and overall architectural compatibility with existing historic buildings. For instance, a developer wanting to construct a new retail space might be required to use brick or stone exteriors and specific window designs to match the surrounding 19th-century architecture, rather than a contemporary design.