Avoid these mistakes when dealing with a zoning issue

On Behalf of | Jan 23, 2025 | Real Estate Law |

Zoning regulations can quickly dampen your hopes for your home or business, restricting the ways in which you can use your land. This can decrease the amount of joy or profitability you get out of the property, and it can leave you holding the bag on an expensive property that falls short of your expectations. Restrictive zoning laws can even be prohibitive to purchase, making it hard for you to sell your property when the time comes.

As stressful as it can be to deal with zoning regulations, there are legal avenues that you can explore to try to gain the flexibility needed to enjoy your property as you see fit. One way is to seek a zoning variance, whereby you’re granted an exception to the existing zoning requirements. However, this process can be fraught with nuances, and if you’re not careful, you can make a mistake that proves costly to your request.

There are a lot of missteps that can be made when dealing with a zoning issue. This includes:

  • Failing to exercise due diligence: Prior to purchasing a property, you need to have a complete understanding of applicable zoning regulations and other restrictions on the property’s use. You shouldn’t take a broker or seller’s word for it. Instead, you should speak to your attorney who can help you conduct a deep dive to identify any restrictions that are in place.
  • Submitting a problematic application: When you seek a zoning variance or special use permit, you’ll have to submit an application that describes the circumstances and why the variance is sought. While this application needs to be accurate, it also needs to be thorough. If a variance is granted and subsequently appealed by another party, like your neighbor, then your application will be made part of the record in that case. So, your application should read as strongly and accurately as possible.
  • Losing focus on the issue at hand: Far too often, property owners get tangled up in the weeds of their case, thereby losing focus of the issues that really matter. This can confuse the zoning board and lead to far less persuasive arguments. You need to make sure your legal arguments are tailored and targeted to address the issues with which you’re grappling.
  • Striking the wrong tone: In some instances, a request for a zoning variance or a special use permit implicates multiple parties. When that happens, it’s a good idea to always remain respectful and professional. If you lose your cool at some point and go off on one of these parties, then your request may be viewed less favorably, putting you in a difficult position to obtain the outcome that you want.
  • Misapplying the law: Many property owners think that they can navigate their land use issues on their own. While that might save them some upfront expenses, it can end up being even more expensive when they misapply the law, lose their case and are left with the restrictions they hoped to escape.

The outcome of your land use or zoning case can have long-term implications for how you use your property. Therefore, you need to be prepared to aggressively advocate for the outcome that you want while keeping your eye on the legal requirements that have to be met.

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