The government regulates land use or zoning as the key tool in urban planning. Zoning laws help local agencies to plan the physical development of a geographic area so that it can grow in an orderly way. It helps in the formation of well-planned cities and towns making them better-living places. State governments have zoning powers to facilitate the advancements of health, morals, safety or general welfare of the community.
Zoning authorities enforce the local zoning ordinance on real property owners via a zoning violation notice. The local Zoning Administrator can issue orders requiring property owners or occupants to correct zoning violations and also take action legal action to abate zoning violations. The locality could enforce civil penalties until the time the owner corrects the problem. In some cases, the authorities could enforce a zoning violation as a criminal misdemeanor.
Common land use or zoning code violations for residential properties include exceeding the permitted limits for sheds, decks, garage Sales, building additions, fences, home-based business. Other examples include illegal construction and auto repair business.
Zoning violations for commercial properties include using the property for something the authorities do not allow, light Intrusion, not indicating parking spaces on the property, displaying signages not permitted.
Know what you can do on receiving a zoning violation notice
Understand what is in your zoning violation notice
If you have received a zoning violation notice, take care to check the deadline, which is usually ten days. Read the notice thoroughly to understand what is the specific violation and what action the authorities are asking you to take.
You should never ignore a zoning violation notice. If there is something in the notice that you do not understand, you can take guidance from a Land Use and Zoning Lawyer.
Insist the authorities push the deadline
You must visit the local Zoning Office and ask the authorities to grant you an extension in the time limit for correcting the problem. The administration usually pushes back the deadline on request for minor zoning issues. You can avoid penalties by doing this exercise.
Appeal if you do not agree with the zoning violation notice
The zoning violation notice will tell you about your right to appeal to the Board of Zoning Appeals if you feel that the authorities have sent you the notice inappropriately or for a matter that does not qualify as a violation. You need the follow the deadline for appeal as per your state laws, or you may lose your right to appeal.
Appear in the court
If your zoning violation notice asks you to appear in the court, you have no choice but to abide by it. If the authorities have already taken legal steps in your case to correct the zoning issue, you will have to go to the court.
Try to get a special use permit
A Land Use and Zoning Lawyer can guide you if you can get a way out of the issue. In some cases, you could get a special use permit for your property. Try to explore your options with the help of an attorney.
Know how a Land Use and Zoning Lawyer can help
Many times people try to use their property creatively to increase income out of it. In doing so, they might mistakenly violate a zoning law. People must have the right to use their property as they like and not get punished for doing so. If you have got a zoning violation notice for something you have done unintentionally, consulting an experienced Land Use and Zoning Lawyer can be of great value.
Challenging a zoning regulation
If you feel that you do not deserve to get a notice for a particular situation, you can discuss your options with a Land Use and Zoning Lawyer. The attorney can assist you in challenging a zoning regulation. If you are constructing a house or business and information, the lawyer can advise you appropriately on land use and zoning matters.
Obtaining a special permit
The attorney can help you in obtaining the proper permits for your zoning issue. The lawyer knows the local laws and has appropriate contact to complete your work. Even if certain legal restrictions do not permit a specific use of your property, an experienced lawyer can navigate the route and find a solution in your favor.
Reviewing the construction plan
A Land Use and Zoning Lawyer is an expert at reviewing plans and making small alterations to ensure compliance. You might have thought that you will have to incur major expenses to make corrections as per the zoning violation notice, but the lawyer could point out minor changes that could solve the issue.
Representing you in the court case
The lawyer thoroughly examines and discusses your options for fighting the zoning code. He or she carefully analyzes your situation and prepares for the case. The attorney provides quality representation in the court of law.
A Land Use and Zoning Lawyer provides advise to the public and private parties over real estate development in areas such as zoning laws, land use ordinances, building ordinances, and construction permits. Builders and contractors take guidance from the attorney to ensure that they have applied and filed for the right permits through every step of the construction.
A Land Use and Zoning Lawyer is knowledgable of the real estate law and majorly works with real estate agencies, courts of law, title companies, and other agencies. The attorney reviews legal issues, presents cases to court and researches zoning laws and streets to see what changes may be made to ensure safety and compliance.
Every zoning case is different and has many exceptions and nuances. Also, the local zoning regulations differ from place to place. If you have received a zoning violation notice, it is in your best interest to visit a Land Use and Zoning Lawyer at least once to understand the seriousness of your case and avoid penalties. You could either get a kind of waiver for the intended use of the property or challenge the zoning regulation itself.
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