dealing with zoning problems

7/17/2019 Dealing With Zoning Problems

http://slidepdf.com/reader/full/dealing-with-zoning-problems 1/3

(http://www.lawyers.com)

Posted In Zoning Planning & Land Use (http://zoning-planning-land-use.lawyers.com/) By Lawyers.comSM

While you may own real estate, your use of the property may be limited depending on zoning ordinances

(http://www.lawyers.com/~/link.aspx?_id=ADDFEEBDACE44810A436A02B1D9F153B&_z=z). However

there are several approaches for handling conflicts between zoning regulations and your desired property

use. Learn about nonconforming uses, conditional uses, zoning variances and spot zoning.

Nonconforming Use

A nonconforming use is when there’s a conflict between existing property use and a new zoning law. It’s

common for the existing use or qualities of a property to conflict with new zoning regulations. Two ways a

use may be nonconforming are:

The nature or a characteristic of a building doesn’t meet zoning laws

The activity going on in the building doesn’t conform to the law

For example, a factory located in a residential zone is a nonconforming use. A two-story building located in a

one-story zone is also a nonconforming use.

Generally, you don’t have to stop or change an existing nonconforming use when a new zoning law is

passed.

However, the right to continue a nonconforming use may be limited. Rights can end if the nonconforming use

is abandoned. For example, if property is used as a restaurant where zoning bars such use, and then closes

future use would have to conform with zoning laws. If nonconforming use was due to building characteristics

rights could end if the building was partially or completely destroyed.

Nonconforming use can be limited by time (amortization). After a specific time, the property must be

converted to conforming use.

Conditional Use

A conditional use is when use is allowed by a zoning law, but is subject to certain conditions. For example, a

zoning ordinance may permit professional offices in a residential zone, if off-street parking is provided.

ng With Zoning Problems http://zoning-planning-land-use.lawyers.com/dealing-with-zonin

7/27/2015



Approval and confirmation of a conditional use is often mandated by zoning laws. An owner would follow an

application and approval process with a zoning board or officials.

Variances

A variance or special use permit is an exception to zoning ordinance requirements. Most laws allowing a

government body to adopt zoning ordinances also provide the specifics for granting variances.

Usually, you must show some kind of hardship to justify the variance. Examples include:

An undersized lot and a variance is needed to construct any useful structure

An odd-shaped lot where side yard and setback requirements can’t be met when building a house

that would otherwise meet zoning requirements

Spot Zoning

Local land use plans and zoning ordinances usually contain restrictions on land uses in specific areas (or

“zones”) outlined in the plan or ordinance.

Once local government adopts a zoning plan and ordinance, property owners may seek exceptions to the

requirements and limitations, either through:

Amending the plan or ordinance

Applying for a variance or special use permit

In both cases, there may be opposition on the ground that the exception conflicts with the overall land use

plan or ordinance, and amounts to “spot zoning.”

It may not be clear whether an exception to a zoning law is permissible or amounts to illegal spot zoning.

This issue depends on:

The facts of the property use

The terms of the zoning ordinance and land use plan in question

Property is unique, and you may have several options when dealing with your zoning problem, depending on

the facts in your case. A zoning, planning and land use lawyer can help you find the best solution and

navigate the process to put it in action.

Questions for Your Attorney

If I seek a variance from a local zoning board, who can protest my application? Is opposition limited to


7/27/2015



I t ’s Free & Easy.

(http://www.lawyers.com/ask-a-

lawyer/ask-a-question.html)

Have a Zoning, Planning and Land Use Question?

neighbors, for example?

What are the limits on zoning changes, and what rights do I have in protecting existing use of my

property?

Do property sellers have any duties to buyers regarding zoning laws?

Tagged as:Zoning, Planning and Land Use (http://zoning-planning-land-use.lawyers.com/),zoning problems (http://www.lawyers.com/site-search.html?s= zoning problems), zoningplanning land use lawyer (http://www.lawyers.com/site-search.html?s= zoning planning landuse lawyer)


7/27/2015

dealing with zoning problems

Documents