Challenging a Zoning Ordinance in New York

Municipalities in New York have the authority to enact and enforce land use and development laws from three sources, i.e. the New York State Constitution, New York’s Municipal Home Rule Law, and the New York Town, Village, and General City Laws. A New York lawyer consultation would help a person understand the legal authority for local zoning in New York state.

These are the laws that give municipalities the authority to enact zoning regulations and make decisions about land use within their borders. They may also issue zoning variances to property owners when appropriate, as well as special use permits and approvals of site plans.

The New York State Environmental Quality Review Act (SEQRA) requires environmental impact assessments for certain projects. If decisions allowing certain development projects do not have the appropriate SEZRA assessments, they can be challenged in court and possibly reversed.

Finally, New York Civil Practice Law and Rules (CPLR) Article 78 plays an important role. It is the law that sets out the process for challenging local municipal zoning ordinances and a city’s zoning and planning board enforcement decisions. If real property is located within the borders of a city, it is governed by the city’s zoning ordinances.

Under Article 78, petitioners can challenge the actions of their local zoning or planning board or agency. Actions in a New York court. The court can review whether the board acted within its authority, followed proper procedures, and made decisions that were not arbitrary but rather accord with applicable law.

What Are Zoning Ordinances in New York?

Zoning laws in New York direct how real property within a city’s borders can be used. Generally, a municipality is divided into geographic areas. Each area is designated for a certain type of use, usually residential, commercial, industrial or mixed-use purposes. These zoning laws, or ordinances, play a critical role in urban planning. They affect property development, land use, and community structure.

Some common zoning disputes that arise in connection with zoning ordinances and land use regulation are as follows:

• Setback Ordinances: Setback ordinances are zoning regulations that prescribe how far a structure must be from property boundaries, streets, and other nearby structures. Violations can create safety hazards and have a negative effect on the use neighboring owners make of their properties.
• Nonconforming Uses: Nonconforming use occurs when a property owner continues to use a property in a way that is no longer permitted by the current zoning regulations. This often happens when zoning regulations change, yet a property owner continues to use their property in a way that is no longer allowed.
• Building Code Violations: A property owner may build a structure on a property that does not conform to all the requirements of local building codes. These violations may involve a range of issues involved in construction from improper electrical wiring to more serious problems, such as inadequate fire safety features.
• Density and Land Use: Density zoning may limit the number of people who can reside within a specified area of land. For example, if a developer wants to build high-density housing in an area zoned only for single-family homes, this could violate local zoning ordinances.
• Zoning Changes: Changes in zoning ordinances or in their application can affect property values, how land can be used and the environment of a neighborhood. Property owners may disagree with their local zoning authority regarding proposed zoning changes or the process used to implement the changes.
• Variances: Variances are exceptions to the zoning regulations that are granted by local zoning boards. A dispute may arise when a property owner applies for a variance and neighboring property owners do not agree that the proposed exception should be allowed. Or, the owner may believe that their zoning agency has acted unfairly if it denies the variance.

What Administrative Remedies May Be Available to Me in New York?

When a zoning board denies an application for a zoning change or variance or imposes conditions not supported by the standards set forth in zoning ordinances, the property owner can ask a court to review the board’s decision under Article 78 as noted above. Article 78 is a rule that gives New York courts the authority to review a zoning or planning board’s decision for errors of law, arbitrariness, and abuse of discretion.

Article 78 proceedings provide a legal way for individuals to challenge the decisions and actions of such local government agencies as zoning and planning boards or agencies. It offers a special way that is meant to ensure that government agencies do not exceed their authority or act in a way that is arbitrary and does not follow the applicable legal standards.

To seek an Article 78 review, the individual must put together the complete administrative record, and identify the specific legal problems with the planning or zoning agency’s reasoning. The individual must present a specific argument that gives the court clear grounds for relief. Again, the assistance of a New York lawyer may be helpful in navigating the procedures and making the best possible presentation of one’s argument.

What Do I Need To Prove in Order To Repeal a Zoning Ordinance in a New York Court?

An individual who wants to change a local zoning ordinance, including repealing one, has to go through a process for fighting zoning ordinance that comprises several steps as follows:

• Application: The first step is to apply for the change. The property owners or developers who want a change in a zoning law must submit a formal application to the local zoning authority. Generally, project plans with justifications for the change and required environmental studies must be part of the application. Of course, submitting an application that is complete and persuasive would be advantageous to the applicant.
• Public Hearings: The zoning authority would then have to hold public hearings to give the affected public the opportunity to provide its input. Community interests should be considered by zoning authorities when they make zoning decisions. There may be more than one public hearing.
• Decision: Once the public hearing has been held, the local planning commission or city counsel considers all the input it has received and decides the issue. The zoning authority would communicate a decision to the applicants.

Residents who want to challenge the decision of a zoning authority usually have a few options. One approach is to file an appeal with the zoning board of appeals.

In an appeal, a resident can seek a review of the decision and present their argument regarding why the decision made was in error. An individual who wants to appeal a decision of their local zoning authority would want to seek out information about the specific procedures and timelines for submitting appeals of their local zoning authority. Engaging a New York lawyer would help an individual comply with all of the procedural rules and present their best case.

Also, if the person feels the ordinance is unjust or in error, they can consult with a lawyer about fighting zoning ordinances.

The grounds for appealing zoning decisions are usually in essence that a decision is incorrect because of procedural errors, lack of substantial evidence, or violations of state zoning laws. The appellant should not appeal a decision unless they have compelling arguments and evidence that supports them.

Should I Contact a New York Real Estate Attorney About My Zoning Problems?

If you want to challenge a change in local zoning ordinances or if you have a dispute with your local zoning board, you want to consult a New York real estate lawyer. Your local zoning agency may be proposing changes to local ordinances that would negatively affect your property.

Or you may have sought a reasonable variance only to have it unfairly rejected. Whatever your issue, your local New York real estate lawyer will be able to identify the procedures that you can use to get the relief you need.