Legally Living within a Commercial Space

To legally reside in a commercial space, that space must have special zoning terms, also known as mixed-use development or zoning.  This allows for a combination of  the following uses for commercial spaces:

• Institutional use
• Office space
• Industrial use
• Commercial use
• Residences
• Other Uses

Understanding Mixed Use Zoning

Mixed-use zoning was common in the 1800’s in the United States, when walking was a primary method of transportation, so residential dwellings and commercial spaces were often approximate, if not shared outright.  This was especially true in urban localities, when the ground floor of a commercial space was used for a variety of retail functions, like general stores and restaurants, and upper floors were utilized for living spaces.  

During the Industrial Revolution, mixed-use zoning declined as manufacturing facilities grew and workers moved from rural settings into the cities.  To accommodate the influx of workers, more dedicated housing units were constructed. Because of the health hazards of manufacturing, separate residences became even more necessary, furthering the decline of mixed-zoning and residences in commercial spaces. 

Benefits of Mixed Use Zoning

Today, a mixed-zone community is most likely to be part of a community’s downtown area.  In many instances, a mixed-zoning area will involve commercial storefronts, with residential units above.  The benefits of such mixed-zoning arrangements are twofold:

• Retailers occupying the commercial/retail space are assured that there are customers residing within a close proximity, resulting in a “captive audience” for their goods and services.  Many retails actually prefer these arrangements because of the likelihood of consistent sales.
• Residents occupying the residential spaces need not drive to reach various goods, services, and amenities.  To many residents, walking to a grocery store is a great advantage to this type of arrangement

  Getting Help

If you are not sure you are residing in a commercial space legally, you can:

1. Contact your landlord – they should be able to explain to you if there is mixed-use zoning in your unit
2. Contact your local officials – they should be able to help you determine how your particular residence is officially zoned
3. Contact an attorney – lawyers can help explain the specific zoning statues in the area, and also assist you if you are facing complaints or legal difficulties resulting from residing in commercial space

Beware of turning commercial studios into apartments illegally.  The result can be eviction, fines, etc.  Illegal apartments have become an increasing problem in certain communities, and can cause trouble for tenant and landlord alike.