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What are the different ways to challenge zoning rules?

On Behalf of | May 24, 2019 | Land Use |

Zoning regulations can have a significant impact on the use of the property owner’s property and on their property rights generally. As a result, when property owners are facing a zoning regulation they believe will negatively impact the use of their property or their property rights, they may wonder what to do. Land use law can help.

There are different ways to address concerns involving zoning regulations and one way is to pursue an exception for the landowner and the other option is to challenge the zoning ordinance as unconstitutional or improper. Occasionally, property that has been used in a certain way may continue to be used in that manner even after a new zoning ordinance is passed. If a zoning ordinance has been passed, if the property has historically been used in a different way, the property owner may be permitted in some circumstances to continue to use the property in the same way after the new ordinance is passed. This may allow the property owner to continue in a lawful nonconforming use or what is referred to as an existing use.

Another option is to challenge that the zoning regulation was not adopted according to the proper procedure. It is necessary to be familiar with the procedures for a zoning ordinance in the community to determine if the proper procedures were followed and if this challenge can be made. Additionally, a zoning ordinance may be challenged as an unlawful taking of property if the use of property is detrimentally impacted by a zoning ordinance.

It is essential for property owners facing land use challenges to be familiar with the legal resources available to help them. Different options may be better in different situations so it is best for property owners to determine which option is best for them when they are experiencing troubles with zoning regulations.