Challenges to a zoning regulation

| Sep 5, 2017 | blog

If you’re facing a zoning issue relating to a property, it could negatively affect your business’s ability to operate. Your alleged violations of zoning laws could also result in stiff fines.

Imagine you bought a property that you thought was zoned for commercial use. Perhaps it was an already-in-operation convenience store inside a neighborhood. You thought that the property was zoned appropriately, and the excellent location in the area ensured numerous customers. However, the city is now trying to shut down your store, saying that the property isn’t zoned to be a store.

How to challenge a zoning regulation

You might want to explore your options for challenging the zoning regulation that’s affecting you. Here are a few options for challenging a zoning law:

You didn’t receive notice: You might be subject to a change in zoning laws. Let’s say your convenience store was in the right zone and you could legally operate the business in the neighborhood, but the zoning law changed. If you didn’t get notice of the upcoming change beforehand — and if you couldn’t attend a public hearing — you can challenge the change.

The zoning law is unreasonable: You may be able to prove in court that a zoning regulation is unreasonable given the circumstances. If you can show that the law is arbitrary or unreasonable, the court will invalidate the rule.

The zoning regulation deprives you of the ability to use it: If a zoning law overrides any use and purpose of the property, then the city may have carried out a “taking” of the real estate, and the owner of the building may be able to seek financial compensation for his or her loss.

Are you stuck in the middle of a zoning debacle?

As with nearly every legal matter, a detailed review of the facts, evidence and regulations surrounding a property zoning challenge may reveal a potential solution. Considering the great loss in financial assets that can result from zoning regulation problems, Cocoa residents may want to consider all feasible options that they can employ to resolve their property zoning challenges.