When a piece of land or property exists within a less favorable zone for the purposes that you intend to use it for, it can be a big problem. It can affect your ability to build, renovate and at the end of the day, it can vastly affect the price of the land or property when it comes to making a sale.
This blog will provide a brief overview into the options you as a land or property owner have in seeking zoning relief. It’s important to remember that there are options available to you as long as you do your research and understand your legal rights.
Your two main options
As a landowner, you have two key options in terms of challenging the status of the zone your property lies within. You can first make a case to your government authority to ask them whether they will make a specific exception for your case. The second option that you have is to claim that the entire reasoning behind the zoning of your area or the principle of zoning ordinance in the first place is unconstitutional. Sometimes it’s beneficial to choose both options.
The Forth Amendment and challenges to zoning
There is a clause in the Fourteenth Amendment in the U.S. Constitution that says that it is not permissible for a state to “deprive any person of life, liberty, or property, without the due process of law.” This makes it possible to challenge the zoning procedure before the law. A trusted legal advisor can help to guide you in the ways that you can make this challenge.
Source: Findlaw, “Options for zoning relief,” accessed Sep. 18, 2017