Zoning is the division of the municipality into different zones such as industrial, residential, and commercial areas. In each zone, there are usually specific laws that guide the property owners. The regulations may restrict certain building heights or permit a particular building design in its location.

Penalties are attracted for failure to abide by these rules, and it is always better to stick to the zoning laws.

However, when the laws work against your needs, the first step is to seek permission to break the zoning code from the authorities in charge. If they decline, you will be stuck thinking of what to do since you cannot use your property as suited. What are the options a property owner has when the zoning laws do not favor their needs?

Your first thought when the zoning laws do not fit the purpose of your property is to apply for rezoning. To achieve this, we start by conducting research and analysis on zoning restrictions, the overlay district, and other local orders. Changing your zone can be a long process, and most owners like to avoid it together. We at Hecht Schondorf will work on your behalf to place you in an area that relieves you; we have firsthand experience in buying and selling properties. Here are a few options you can explore.

Zoning Map Amendment

It is also known as rezoning, where you change the zone applicable to your property. A fee usually gets paid to process the zonal change approval. The local authorities will most likely carry out an assessment. They can uncover why you need to rezone and how your reasons will affect your current municipal and surrounding properties. If the health and environment are not threatened, the local authorities may approve the rezoning.

Use of nonconformity

As a property owner, you need to pay attention to changing laws in your municipal zone. That’s because your building might no longer comply with new regulations once they are changed. When such happens, you can file nonconformity use, and your property becomes tagged for violating the rules. A practical example is a building with fences before the city adopted a fencing restriction. The limitation will not apply to you, and the local authorities are obliged to permit nonconformity use when your property has been in consistent use.

If you plan to achieve this successfully, you will need a well-articulated case, and this is where your legal backing comes in.

How we can help at Hecht Schondorf

Our skilled team of land-use lawyers, led by Adam Hecht, who has an in-depth experience in real estate, can help you in two ways.

The first way is to help you comply with your current zone. We help you understand the zoning regulations and laws you should abide by. For this, it is effective you contact us for our services before you start developing or signing the contract for a property.

Another way our attorneys can come in is by helping you utilize your entitlements and zoning bonuses to improve the value of your house.

In summary, when seeking to own a property, always consult the services of lawyers. It would be best to keep yourself updated on zoning regulations as a homeowner.