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Enforcing a Zoning Ordinance

If you find that a nearby or neighboring property owner is in violation of the local zoning ordinance, then you have a variety of options. You can either attempt to settle the matter by explaining the zoning ordinance to the property owner, or you can pursue legal remedy by filing a zoning complaint with the local zoning authority. Consult an attorney familiar with the relevant zoning ordinance to make sure you properly understand the law, the violation, and your available remedies.

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Obtaining a Variance on Property

When unusual circumstances make it difficult for a property owner to comply with local zoning laws, cities and counties may grant what are known as variances to allow property owners to circumvent the traditional zoning laws in an area. A variance is a form of equitable relief that allows a property owner to bypass local zoning laws so they can use their land in the most efficient manner possible.

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Non-Conforming Use Exception in a Zoning Ordinance

Non-conforming use is a variance of an existing zoning ordinance, permitted because the use of the land was legal before the ordinance was passed. How the law reacts to a non-conforming use depends on the zoning ordinance, the zoning authority, and the effect of the use itself. If faced with a non-conforming use, consult your local zoning ordinance and an attorney familiar with zoning law.

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Objecting to a Neighbor’s Proposed Zoning Variance

When a property owner seeks a zoning variance, sometimes called a use variance, for his or her property, neighbors and other interested people have the right object and oppose the request. Opposing neighbors and other interested people should make a written record against the requested use variance as soon possible.

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Getting Your Rezoning Request Approved

The amount of time it may take to get a rezoning, as well as your chances of being successful, will vary from jurisdiction to jurisdiction and can also vary depending on your situation and the type of rezoning you are seeking.

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