Both City zoning regulations and private deed restrictions involve rules and regulations associated with property and can be misinterpreted as the same type of regulations. Education is important so that property owners are well informed of the requirements for their community.
Definitions
- Zoning ordinance: a law adopted by the local government to regulate the use of land, including the placement and design of structures, landscaping, and other site features; enforced by the local government with criminal or civil causes of action and subject to constitutional requirements and limitations.
- Deed restriction: a covenant (i.e., a type of agreement), appearing within the chain of title to a property, restricting use or development of that property by current and future owners of the property; enforced by other private individuals via civil causes of action, who are beneficiaries of the restriction within their chain of title.
Zoning Regulations and Deed Restrictions-How are they alike?
- Both zoning regulations and deed restrictions can regulate land uses, site conditions setbacks, height restrictions, lot coverage and other aspects of the built environment.
- They can also regulate what types of accessory uses and structures that are permitted or not permitted including fences, storage structures, recreational or sports courts and other outside amenities.
- These regulations can also regulate permissible and non-permissible animal care including farm animals and domestic pets to ensure compatibility with residential communities.
- Both types of regulations are meant to ensure compatibility of land uses, aesthetic quality and unique and common appearances within communities that creates the general “feel” that a neighborhood would like to achieve.
Zoning Regulations and Deed Restrictions-How are they different?
| Zoning | Deed Restrictions | |
| Purpose | Generally set forth to protect the health, safety and l welfare of the general public. | Can be more restrictive than zoning regulations and can include any standards that the developer chooses as long as it does not violate other regulations or restrictions (state or federal regulations, such as Ohio’s Planned Community Law or violations of public policy that would make the restriction void). |
| Adoption Process | Zoning regulations are adopted through a public process and final authority for these regulations is City Council. Zoning may change over time. | Deed restrictions are created by the development community and recorded with the County as part of the development process. Deed restrictions run with the land. |
| Compliance | The City administers the Zoning code. As such, the City helps property owners navigate applicable regulations. | Deed restrictions are an agreement between private property owners. As the holder of the deed, it is the property owners’ responsibility to comply. |
| Enforcement | Zoning regulations are adopted through local jurisdictions such as the City of Dublin and are likewise enforceable by the City.
The City’s enforcement of zoning regulations is subject to limitations imposed by the US and Ohio Constitutions, including but not limited to due process, equal protection, and freedom of speech.
The City does not administer or enforce deed restrictions. |
Deed restrictions are “agreed upon” when private property is purchased and is enforceable by individual property owners. This can require financial resources and personal commitment from property owners to enforce and may result in court proceedings to resolve.
As a general rule, the City does not have standing to pursue enforcement of any deed restriction. |
Education is key. Be that neighbor who knows their community’s restrictions.
- Be familiar with your Deed Restrictions and contact information for your Home Owners Association for questions or concerns. Deed Restrictions are included in all closing documents upon the sale of a property and also are recorded with the local counties’ Recorders Offices. In Dublin that can be Franklin County, Delaware County or Union County depending on the location of the property in question.
- For zoning restrictions, contact the City of Dublin Planning Division at 614.410.4600. Our planning staff can answer any questions that you might have concerning zoning provisions and processes, and contact our Code Enforcement Officers if there are potential compliance issues.
- Most Homeowners Associations have separate approval processes for residential construction so please contact the City of Dublin Planning Division and your local HOA before starting construction projects. City staff does not, and cannot, provide advice as to HOA requirements.
