Who Can Challenge a Zoning Ordinance in Court?
In order to have standing to challenge a zoning ordinance in court, you must be able to prove that you are directly and adversely affected by the ordinance. In most jurisdictions, you will have to seek any available administrative remedies to the ordinance before you can challenge it in court. There are some exceptions to this requirement, however, in cases where the local zoning board lacks the authority to grant you relief from the particular restriction in question. What Administrative Remedies May Be Available to Me?You may seek one or more of the following administrative remedies from the zoning board: - a variance from the board of adjustment
- an exception to the ordinance for your property
- a permit allowing you to violate the ordinance
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?
First you must prove that you have been negatively affected by the ordinance. You may do this by demonstrating that the ordinance had the effect of decreasing the value of your property or that it prevented you from engaging in your profession on your own property. The court will examine the following factors in deciding whether they will grant you relief or whether they will uphold the zoning ordinance: - existing uses and zoning of nearby property;
- effect that the ordinance has on your property value and the value of the nearby property;
- effect of the ordinance on the health, safety and welfare of the general public;
- length of time the property has been under the current zoning restrictions;
- community need/desire to uphold the ordinance
Should I Contact a Property Attorney About My Zoning Problems?An experienced property attorney will be able to assist you with any zoning problems you have, whether you are interested in seeking administrative remedies or if you are ready to challenge a zoning ordinance in court. |
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