Challenging a Zoning Ordinance in Court

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Challenging a Zoning Ordinance in Court

Challenging a zoning ordinance in court requires a showing that there is direct and adverse affects caused by the ordinance. In most jurisdictions, it is required that all available administrative remedies be exhausted prior to challenging the ordinance ?@in court. There are some exceptions to this requirement in cases where the local zoning board lacks the authority to grant relief from the particular restriction in question.

What Are Zoning Ordinances?

Zoning ordinances are city and county regulations pertaining to land use and development. State and federal governments do not typically engage in land use regulations. The purpose of zoning ordinances is to divide an area or municipality into various zones. The areas of land use that can be regulated through zoning ordinances are the following:

Within these zones, the county or city will incorporate additional restrictions. These restrictions include the type of buildings are allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, number of rooms, floor space, and minimum cost of buildings. Residential regulations include restricting property from single-family homes or townhouses. Additionally, in areas of cultural significance, zoning regulations may require that the locales be preserved for historical purposes.

What Administrative Remedies May Be Available to Me?

If been denied the ability to develop a piece of land owned due to a zoning ordinance, a person may seek one or more of the following administrative remedies from the zoning board:

Once you have sought and been denied one of these remedies, you may challenge the zoning ordinance in court.

What Do I Need to Prove in Order to Repeal a Zoning Ordinance in Court?

In order to repeal a zoning ordinance, it must proven that the person has been negatively affected by the ordinance. This can be proven by demonstrating that the ordinance had the effect of decreasing the value of your property. Additionally, it can be proven if it prevented a person from engaging in your profession on your own property. The court will examine the following factors to determine whether to grant relief or uphold the zoning ordinance:

Should I Contact a Property Attorney About My Zoning Problems?

An experienced real property attorney can offer the expertise to deal with any zoning problems, including seeking administrative remedies or challenging a zoning ordinance in court.

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Last Modified: 04-19-2016 01:42 PM PDT

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