• 13
  • December
    2013

Dealing with different types of Zoning

No matter where you live, sooner or later a question about property lines si going to come up. Who’s right and who’s wrong? This land is mine and so on. There are several ways to handle these arguments but first you must know about the Zoning Ordinances, Zoning regulations, and the desired property use.

First we’ll start with Nonconforming Use. This is when there is a conflict between existing property use and new zoning laws. There are two ways that a use may be nonconforming, the first is when the nature or a characteristic of a building doesn’t meet zoning laws. The second is the activity going on in the building does not conform to the law.

An example would be if you were using a factory in a residential area. The nonconforming use can be limited by time. After that specific time is up the property must be converted to conforming use or sometimes destroyed.

Another variation of Zoning is Conditional Use. Conditional Use  is when use is allowed by a zoning law, but is subject to certain conditions. For example, a rural/residential are might allow a professional office in the zone if they offer off street parking.

Quite often it  requires an approval and confirmation of a conditional use by the zoning laws. The owner would need to follow the application and the approval process with a zoning board and/or the officials.

Variances is another form of common conflict with Zoning. Variances is when a special use permit is an exception to zoning ordinance requirements. Usually you must show some kind of hardship to justify the variance.  Such as when an odd shaped lot messes with the requirements and you can not meet the requirements when building a home.

Spot Zoning  is when the local land use plans and zoning ordinances contain restrictions on land uses in specific areas outlined in the plan or ordinance. After the local government decides on a zoning plan then the property owners can seek exceptions to the requirements.  The owner can either amend the plan or the ordinance or apply for a variance or special use permit.

Every property is different and you may have several options when it comes to finding a solution for your zoning problem. A zoning  or land use lawyer can help you find a solution for your zoning problems.

DiJulio Law Group
http://www.dijuliolawgroup.com