Rezoning Real Property
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A change in zoning is called "rezoning". It can be requested by a property owner or by the local government. Rezoning changes often involve shifting a parcel or parcels of land from one land use classification to another. For example, from retail to office use, agricultural to light industrial, or low density housing to high density.
You Want a Zoning Change:
Not all rezoning proceedings are alike, but key features are consistent. The process always begins with an application and payment of a fee. Then the governmental unit sends a notice of the application to all nearby property owners. Several open public hearings are held so that area residents and government agencies can speak out their opinions and concerns. In come cases one or more hearings are held at the neighborhood level to encourage the participation of property owners who may be affected by any change in zoning.
If the variance or rezoning change that you have in mind is small, not very complicated, and does not negatively affect neighbors it should be something you can handle yourself. If however, you have not established good rapport with your neighbors and the zoning authority, you may not need a lawyer.
Definitely get a lawyer who knows local zoning and the local officials if the plans you have in mind call for a significant, complex change to your property or you anticipate a rowdy, heated hearing with your neighbors. An attorney can hash out some of the issues and make recommendations in advance, help prepare your presentation before the zoning board, or advise you on the best means to comply with any special conditions. Experience often is critical.
Because of the many possible pitfalls, most people seeking a rezoning retain an experienced attorney to assist them. The attorney would present your case at the public hearing and be prepared to handle the objections that might be expected from those who oppose your request. A lawyer will also be prepared to allay the fear of opponents that the requested zoning change could hurt property values or be incompatible with the surrounding uses of nearby areas and the goals of the city's comprehensive community plan.
The entire series of events often takes many months to complete. The likelihood of success varies based on the facts and circumstances of each case.
You Want to Dispute a Proposed Rezoning Rezoning can certainly raise a neighborhood ruckus and produce an overwhelming negative reaction from your customarily-friendly neighbors, especially where rezoning requests are for light industrial or commercial development in place of residential. When there is a dispute, a few states require the critics to file a protest petition.
You can ask questions about and voice your objections at the public hearing. Again, if the matter is important to you, an attorney can assist you.
If the zoning amendment is adopted, you have the right to appeal to the courts. Typical grounds for appeal are that the adoption of the new ordinance was not done in a legal manner, there were procedural errors, or it was arbitrary and unreasonable. Again, if an attorney was involved in the process from your side, she would have helped create a record that makes it easier to show the change was improper.
Depending on the provisions of your local zoning act, your first stop in the appeal process may be to a local appeals board. Typically that is where you go if you believe you have a chance of showing that the existing zoning of the property deprives you of your right to use the property, that your request for rezoning does not negatively impact surrounding properties, and/or the board's actions were arbitrary and unsupported by the facts. You may also go there is the municipality did not meet all legal requirements. Depending on your local laws, an appeal to the zoning appeals board may be necessary prior to appealing to the courts. A court appeal often is a costly, time-consuming experience.
Whether or not the scheme of classification under the municipal zoning ordinance is arbitrary or unreasonable will be the key issue case, and the court will consider several factors, such as the relationship of the zoning law to the public health, safety, and welfare, any abuse of governmental power, and any discrimination.
Before contemplating a legal assault, keep in mind that these cases are seldom easy victories because courts give heavy deference and latitude to the decisions of local zoning authorities.
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