How is a land use ordinance different from a zoning ordinance?

A land use ordinance and a zoning ordinance both regulate how property is used within a certain area, however they have key differences. In New York, a land use ordinance is a local government’s regulation of the construction, improvement, and use of land, while a zoning ordinance is a regulation that determines how land is divided geographically and how land within those divisions should be used. A land use ordinance is more specific than a zoning ordinance. It typically includes development standards, such as the size and type of buildings allowed, building setbacks, the type of landscaping, and the number of parking spaces required. A zoning ordinance usually regulates the general use of land, such as residential, commercial, and industrial, and the density of development within those areas. In New York, a land use ordinance must be approved by the local government before it can be enforced. A zoning ordinance, on the other hand, is created by the local government and can go into effect immediately. For example, if a local government wants to designate a specific area as a wetlands area, it would need to pass a land use ordinance to make this designation official. Ultimately, a land use ordinance and a zoning ordinance are both important tools used by local governments to control the development of land and ensure that it is used safely and responsibly. Each type of regulation has their own distinct purpose and it is important to understand the differences between them.

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