what kind of lawyer to take to for zoning laws

by Elfrieda Harris 3 min read

If you are concerned with zoning codes in your area, you may want to seek a local property lawyer's advice. An experienced real estate lawyer can explain complex legal concepts and better direct you and with your particular case.Aug 18, 2020

What does a land use and zoning attorney do?

If you have questions or a potential legal matter involving zoning, the advice of an experienced real property attorney can be extremely helpful. A property lawyer can help you determine the strength of your potential case and will be able to explain some of the complex legal ideas behind this particular area of law.

Should planning and zoning officials hire an attorney?

Aug 18, 2020 · Zoning ordinances are rules that regulate how property in a particular location can be used. Locations are defined by geographic location or specific coordinates on a map. Usually, these locations are limited to areas within cities and counties. That is, the local government can limit and regulate what activities are performed within its ...

Do you need help with a land use&zoning issue?

You've come to the right place. Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality's zoning regulation and land use restriction. Use FindLaw to hire a local land use and zoning lawyer to help you gain or protect your right to use your property as you want.

Do I need a lawyer to rezone my property?

Michael J. "Mike" Baker. Hoagland, Longo, Moran, Dunst & Doukas, LLP. Recognized Since: 2008. Location: New Brunswick, New Jersey. Practice Areas: Health Care Law Land Use and Zoning Law Litigation - Real Estate Real Estate Law Government Relations Practice. Lawyer.

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Is zoning common in residential areas?

While zoning ordinances are popular in commercial use or businesses, it is not uncommon to see in residential neighborhoods. You have probably seen the effects of a zoning code without even realizing it. For example, housing communities that have a similar aesthetic or price range.

What is zoning ordinance?

Zoning ordinances are rules that regulate how property in a particular location can be used. Locations are defined by geographic location or specific coordinates on a map. Usually, these locations are limited to areas within cities and counties. That is, the local government can limit and regulate what activities are performed within its ...

When does zoning occur?

Zoning can occur before building, or before land use, but also when areas are already established. Here, the city or the county will divide a particular area of land into zones or districts. They can then decide what that land, and structures located on it, can be used.

Is zoning different in New York City or Los Angeles?

For example, zoning laws in New York City are going to be different than in Los Angeles. Similarly, zoning laws in Los Angeles will vary from the laws in San Francisco. More often than zoning ordinances are used to separate commercial use from residential use.

What can zoning ordinances determine?

Commercial zoning ordinances can determine: Type of businesses allowed; Activities the business is allowed to engage in; and. Activities the business cannot take part in. These laws can regulate anything that contributes to the aesthetic of the zoned area like: Architecture style; Landscaping; and.

What is non-compete zoning?

Non-compete zoning laws join in traditional regulations, such as all buildings must be brick and have specific signage. These ordinances are meant to benefit not only the city but the property owner and the community. Additionally, new businesses may have the option of applying for a variance.

When is variance allowed in zoning?

Variance is allowed when the zoning ordinance is so strict, and they create an unjust hardship on property owners. To prove hardship, the property owner must show the property has such unique features that the value would suffer otherwise.

When to contact a zoning attorney?

Another time to contact your attorney is before you initiate legal action to enforce zoning or another ordinance. The zoning administrator or enforcement officer should first attempt to resolve ordinance violations by communicating with the property owner or occupant to achieve voluntary compliance. Involving your attorney should come ...

When to call a municipal attorney?

The most obvious time to call your municipal attorney without delay is when you receive notice of a lawsuit or any formal dispute resolution process, such as arbitration or mediation. The clock begins ticking on the deadline to respond or take other action in defense of a lawsuit as soon as a summons and complaint is served.

What is a municipal charter?

A municipal charter or policy may affect the representation, including who can authorize the expense. Most important, the attorney you call must be competent, communicate effectively, and have sufficient experience in municipal law, specifically planning and zoning .

What is a land use attorney?

A land use and zoning attorney will resolve permitting issues, navigate land use ordinances, form real estate development contracts and litigate disputes.

What is land use and zoning?

Land use and zoning laws are the state and local regulations that govern what you can build, how you can build it and what that property can be used for. Land use and zoning laws will vary from city to city, county to county and state to state and apply to both residential and commercial property. For example, in a residential neighborhood of single family homes you wouldn't want a skyscraper built next door. A land use and zoning attorney will resolve permitting issues, navigate land use ordinances, form real estate development contracts and litigate disputes.

Why do attorneys rely on the plain language of the zoning law?

Because the laws are local, there often isn’t a great deal of case law interpreting any given ordinance. Attorneys must rely on the plain language of the zoning law or published interpretations of other similar ordinances in order to form arguments for their clients.

What is zoning law?

Zoning laws divide property use into residential, commercial and industrial uses. Zoning laws and land use restrictions tell landowners what they may do with their property. Typically, they divide the land into residential, commercial and industrial uses. There are often several subdivisions or mixed categories within the three main categories.

What is land use and zoning?

Land use and zoning law is the law that determines how a landowner can use their land. Land use and zoning law involves the creation, application and challenges of land use laws. Government bodies create laws that restrict what landowners can do with their real property. The laws may control how landowners can develop property, ...

What is the purpose of zoning laws?

Land use and zoning law is the restriction of a private property owner’s land use presumably for the public good.

Can residential zones be mixed use?

Residential zones may also combine with commercial zones for mixed-use zones with storefronts and residential units. There may be separate categories for transient housing like hotels or dormitories. It’s up to each government body to determine how to categorize zoning and restrict land use.

Where do land use restrictions and zoning laws come from?

Most land use and zoning laws occur at the local level. The authority to create land use restrictions and zoning law comes from the police powers that are left to each state. The U.S. Constitution gives only limited powers to the federal government. Powers not given to the federal government are left to the states.

Do states delegate zoning to local governments?

Most states, in turn, delegate zoning and land use authorities to local governments. They believe that local governments are in the best position to manage their own affairs. For that reason, most land use and zoning laws occur at a municipal level. Land use and zoning attorneys often become very familiar with local laws and regulations.

Need help with a Land Use & Zoning issue?

You've come to the right place. Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality's zoning regulation and land use restriction.

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