{"id":369172,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/options-for-zoning-relief.html"},"modified":"2024-06-13T10:26:52","modified_gmt":"2024-06-13T15:26:52","slug":"options-for-zoning-relief","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/options-for-zoning-relief.html","title":{"rendered":"Options for Zoning Relief"},"content":{"rendered":"\n
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Options for Zoning Relief<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Zoning is the government regulation of land use. It’s the principal urban planning tool municipalities use. Zoning laws help an area grow in an orderly and public-interest way.<\/p>\r\n

State governments have the power to zone for the advancement of health, morals, safety, and general welfare of the community. State laws, in turn, grant this power to local governments, enabling them to control the character of a particular location.<\/p>\r\n

When zoning affects a property owner’s real estate, the owner has options that fall into two basic categories:<\/p>\r\n

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  1. Ask the government to make an exception for the landowner<\/li>\r\n
  2. Challenge the zoning ordinance itself as improper or unconstitutional<\/li>\r\n<\/ol>\r\n

    Multiple routes may be appropriate depending on the property owner’s needs. So, a property owner should consult an experienced land use attorney<\/a> before challenging a zoning decision.<\/p>\r\n

    Nonconforming Uses and Variances<\/b><\/h2>\r\n

    When a zoning ordinance gets passed, it may change the character of the zone where a landowner’s property lies. For example, land use laws to promote affordability may alter the zoning code for low-income redevelopment. A city council planning commission may create zoning districts for high-occupancy dwelling units. These kinds of land-use regulations may reduce homelessness but drive down property values.<\/p>\r\n

    Here, an affected landowner whose property has lost value has several options. Suppose the property owner wants to continue commercial activity even though their business now falls outside the new zoning map. Occasionally, property that has been used in a certain way may continue to be used in that manner even after a new ordinance gets passed. This is a "continuing existing use" or "lawful nonconforming use."<\/p>\r\n

    It is generally held that an owner may continue uninterrupted use when:<\/p>\r\n

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    1. They’ve made substantial expenditures in construction or<\/li>\r\n
    2. Where an existing business (nonconforming use) operates on the property<\/li>\r\n<\/ol>\r\n

      The disclaimer is that this rule depends on the effect of the continuing use on the public. So, if the public benefit of the new zoning ordinance is greater than the detriment to the landowner, the city can prohibit the nonconforming use. Also, if the operator discontinues the use at any point, it will no longer qualify for an exemption. Additions or expansions of the nonconforming use are almost never allowed.<\/p>\r\n

      Another option for landowners affected by a zoning decision is to request a variance<\/a>. There are two kinds of variances. One addresses the use of the land, while the other deals with structures built on the land. In either case, the landowner must show that conforming to the zoning ordinance would create undue hardship. Some states further require that granting a variance is not detrimental to the public interest.<\/p>\r\n

      A "conditional use permit" is like a variance. The court will issue a special permit for a use that is:<\/p>\r\n