Zoning regulations can have a major impact on property owners, as these laws designate land use. Because the state government has the power to zone land to advance the general welfare, health, morals and safety of the community, state laws grant the power to re-zone to local governments.
A zone change enacted by the local government may be for a general benefit of the community; however, these changes could greatly impact individual landowners. For instance, the property value of a homeowner could significantly drop, or a business owner’s commercial activity are no longer in compliance with the new zone. In these instances, there are options when it comes to resolving these issues.
Nonconforming uses
Zoning regulations outline they types of property allowed in the zone. They designate where builders can put multi-occupancy homes, high occupancy dwelling units or commercial property, as well as set limits on the height and size of these building. When there is a zoning change, this could impact some property owners if they are no longer in compliance due to this zoning change. This is known as nonconforming use.
When a property can continue being used in the same manner even after this zoning change, this is known as a lawful nonconforming use. Generally, the landowner could continue to use their property uninterrupted if they made substantial expenditures in construction on their land or there is an existing business operating on the property.
Requesting a variance or conditional use permit
Another option a landowner has when they are affected by a zoning decision is to request a variance. This is a request to deviate from the current zoning requirements, and there are two kinds of variances a landowner could seek. The first type focuses on the use of their land, while the other type focuses on the structures built on the property. In either variance request, the landowner must illustrate that conforming to the new zoning ordinance would create undue hardship.
A conditional use permit is another available option. This is like a variance, and in these matters, a court may issue a special permit for use in a manner that does not conform to the zoning regulations.
Real estate law matters can feel overwhelming for landowners, making it imperative that they fully understand their rights and options. There are viable options to resolve your matter, and a legal professional can provide insight and answers to your questions and concerns.
