Do you have a vision  for  your property that seems like it’ll never happen because the city keeps trying to stop you from using your land the way you want it? Well, there may still be hope for your vision, even if it is in violation of the city or county’s zoning laws. While city codes and zoning maps are pretty set, a property owner can apply for something called a variance, which allows the property owner to use their land in a way not otherwise allowed by the local zoning ordinance.

What are Zoning Laws?

Zoning laws are created by either the city or county, in order to ensure that the property in the ‘zone’ is being used how to the city/county wants to see it used. While sometimes incredibly annoying to land owners, it is actually useful for the city to follow zoning laws to: 1) avoid problems between neighbors, 2) ensure that property values remain high, and 3) ensure that new and existing developments will not interrupt public services.

How Do I Know What Zoning Laws My Property Has to Follow?

Zoning laws are largely controlled by the county your property is in. To find the laws for your specific area, search “County name Zoning Laws,” and you should be directed to the zoning law section of the county’s website.

Zoning laws are broken down into two aspects, the map and the text. The map will break the city or county into districts, and those districts will be labeled with a code. The text of Zoning laws is usually called the “(City Name) Zoning Code”, and this code will break down the specifics of what the codes on the map mean, what types of buildings are allowed in those districts, and the types of uses allowed.

What Happens if I Violate the Zoning Law?

If your property or something on your property violates the zoning code, the city has the power to deny any property permits you apply for, take legal action to stop you from developing on your property, force you to change your property until it is up to code, or even fine you. If you are a landowner that is currently worried about their property being in violation of the zoning code, it is important that you seek legal counsel to ensure that the city does not penalize you or try to stop you from using your land.   

How Do I Get Around the Zoning Code Without Facing Penalties?

Instead of going through the expensive and drawn-out process of changing the zoning laws that affect your land, you can apply for your property to be an exception to the zoning laws, also called a variance. Variances allow the property owner to side-step the zoning law and be able to use their property how they want, without penalty. There are two types of variances, (a) area variances and (b) use variances. Both types of variances have a set of conditions that a landowner applying for a variance must meet. Often, these conditions have terms that are difficult to understand and procedures that need to be followed in a specific way. Therefore, it’s important to talk to a real estate lawyer who can help you apply for a variance and follow the conditions of the variance correctly, to avoid penalty.

Applying for a variance is a complicated process that often experiences reviews by governmental boards, public hearings for neighbors of the property to voice their concerns, and an appeals process for when variances are denied. Applying for and interpreting the required conditions for a variance application can be confusing, but GLO is here to help you start using your property, your way. Fill out an interest form today to see if GLO can help you. 

GLO has prepared this blog to provide general information on legal issues that may be of interest. This blog does not provide legal advice for any specific situation and this does not create an attorney-client relationship between any reader and GLO or its attorneys. GLO engages clients only through specific fee arrangements and signed engagement letters. GLO does not guarantee any results.