what does a zoning attorney do

A Land Use and Zoning Attorney’s job is to advise in regards to real estate development. This will include zoning laws, building ordinances as well as construction permits and other land use ordinances. It can be very challenging to navigate the various contracts for a building project.

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What does a land use zoning attorney do?

A Land Use and Zoning Attorney’s job is to advise in regards to real estate development. This will include zoning laws, building ordinances as well as construction permits and other land use ordinances. It can be very challenging to navigate the various contracts for a building project.

What is the purpose of zoning?

You've come to the right place. Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality's zoning regulation and land use restriction. Use FindLaw to hire a local land use and zoning lawyer to help you gain or protect your right to use your property as you want.

Should planning and zoning officials hire an attorney?

Sep 05, 2019 · The zoning administrator or enforcement officer should first attempt to resolve ordinance violations by communicating with the property owner or occupant to achieve voluntary compliance. Involving your attorney should come at the point when higher and costlier levels of enforcement become necessary.

Do you need help with a land use&zoning issue?

A land use attorney, or zoning attorney, helps individuals and businesses navigate the complexities of local and state land use regulations. Not having skilled and qualified representation can result in all kinds of problems, including, but not limited to, lost or canceled contracts, denied permits, steep fines, lengthy delays, and legal troubles.

What is a municipal charter?

A municipal charter or policy may affect the representation, including who can authorize the expense. Most important, the attorney you call must be competent, communicate effectively, and have sufficient experience in municipal law, specifically planning and zoning .

Is a cough a cold?

But like the adage that sometimes a cough is not just a cold, local planning and zoning officials must be able to recognize the signs that legal help is needed. Not every rezoning or other process requires your attorney, and legal counsel is no substitute for having adequately trained planning commission and zoning board of appeals members.

What is Zoning Law?

Local governments often divide the land into zones with specific intended purposes. These zones carry restrictions on the types of businesses or dwellings that are allowed to operate or be built in the area.

Aspects of Land Use and Zoning Law

Land use law includes a broad range of activities and concerns. Here are just a few situations in which you may need help from an attorney:

Environmental Audits

Like a checkup with a doctor to ensure that your health is in good shape, an environmental audit helps ensure you are in compliance with environmental law. Audits should evaluate environmental management systems, verify compliance with legal requirements, and assess risk from practices and materials.

Compliance Support

You don’t want to be surprised by development restrictions after you’ve already purchased your property. Consulting with a property attorney from Anderson Hunter can help you understand any restrictions that could cause problems for you in the future or erode the value of your property.

Hiring a Lawyer for Land Use and Zoning Matters

While environmental and related legal matters can be extremely complex, the steps to resolving a case are generally the same. After you contact a lawyer for a consultation, the following process will begin:

Land Use Counsel in Western Washington

If you own a business or property affected by zoning and land use laws, trusted legal counsel can help you save time and money. Your property attorney should be well-versed in local issues and regulations. At Anderson Hunter, we have over 100 years of experience in Snohomish County and serve clients throughout Western Washington.

What is zoning law?

Zoning laws are the laws that regulate the use of land and structures built upon it. If you’ve ever dealt with a city, then you’ve probably heard some variation of the phrase “For the health, safety and general welfare of the public.”.

Why are zoning laws created?

Accordingly, zoning laws are created for the simple purpose of protecting the health, safety and general welfare of the people as relates to land use.

Why is zoning important?

Understanding zoning is important because it will in large part determine whether or not you get the change you want, and also whether or not you can prevent or modify the change you don’t want. In this article we’ll give you a practical guide to how zoning works, step by step. I. The Purpose of Zoning.

What is a master plan?

A comprehensive plan (or “master plan”) is the road map a city creates to arrive at its desired social, economic, and physical development. Of course, because the growth of a city takes a little longer than a road trip across the U.S., comprehensive plans look long-term. Like five to 20 years long-term.

What is the Fair Housing Act?

Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) Sections 332 (c) (7) and 1455 (a) of the Communications Act (which imposes limitations on state and local land use authority to make zoning decisions over certain wireless facilities), and.

What is mixed use district?

Mixed-use districts allow for a combination of broader use categories ( e.g., both commercial and residential), and are often used in downtown areas. A PUD (Planned Use District) is a type of mixed-use development (often residential, retail and office) with a cohesive design plan.

What is a non-conforming use?

One more quick aside: legal non-conforming uses (“LNCU”). A non-conforming use is any use, structure or building that doesn’t comply with the zoning ordinance.

Why do we need zoning?

Historically, zoning has been viewed as a means to preserve the safety and health of a community. It’s intended to ensure, for example, that residents don’t have to live next door to a loud, polluting factory that could potentially harm their health and lower their property values.

What is agricultural zoning?

Agricultural zoning is meant to protect farmlands from conflicting land uses that could potentially harm the farmland, and to allow farms the space they need to run efficiently and effectively.

What is zoning in a municipality?

What Is Zoning? Zoning laws regulate the use of land within a municipality. It controls the ways in which the land can be developed and what purposes the zoned land can serve. Zoning is what keeps a residential district residential, a commercial district commercial, an industrial district industrial, and so on.

What is a master plan?

When making decisions about a city’s zoning, planners will often consult the city’s “master plan,” which is a comprehensive document that lays out what a particular municipality’s current and future needs and goals are . A master plan takes into account a community’s transportation needs, its economy, its obstacles and challenges, and the people, ...

What is zoning ordinance?

The zoning ordinance is what helps put a city’s plans into action; it’s a document that lists all the regulations and laws that govern how land can be used and maps out exactly what the boundaries of the area’s different zones are .

What is industrial zone?

Industrial: Spaces zoned for industrial uses includes businesses that deal in light, medium-scale and heavy industry. This can range from smaller wholesalers and warehouses to large, heavy-duty manufacturing facilities. Typically, heavy industry will be kept far away from residential spaces.

What is open space zoning?

Open Space: Sometimes, a community’s zoning ordinance will include open space zoning to protects its undeveloped land. This can include things like parks, playgrounds and vacant lots. Mixed-Use: Mixed-use zoning allows for multiple uses in a single district that have been deemed compatible with each other.

What is a zoning citation?

1. Citation for Zoning Violations. The first step in a zoning enforcement action is usually the issuance of a citation. These citations are generally served on a property owner for an alleged violation of the applicable zoning code. Most zoning authorities claim to be “complaint driven” meaning that zoning inspectors cite property owners ...

What is a board of adjustment in Colorado?

All counties and municipalities in Colorado must form a Board of Adjustment, a panel of citizens that hear certain land use appeals. Both county and municipal Boards of Adjustment are specifically charged, in part, with review of zoning enforcement related decisions. Aggrieved property owners who disagree with a determination made by zoning authorities may request a hearing before the Board of Adjustment. An appeal to a Board of Adjustment generally stays other pending enforcement actions, including enforcement through the courts. While Boards of Adjustment may review the enforcement decisions of zoning authorities, Boards of Adjustment generally cannot grant a “use variance.” This means that a Board of Adjustment may not allow a property owner to use their property in a manner that is a clear violation of the applicable zoning code. For example, a Board of Adjustment cannot grant a variance for a residential property to be used for an industrial purpose which is a clear violation of the zoning code. However, in certain cases, Boards of Adjustment may grant a stay or a specific period of time for a property owner with an illegal use to come into compliance with the zoning resolution.

Can a Board of Adjustment grant a variance?

While Boards of Adjustment may review the enforcement decisions of zoning authorities, Boards of Adjustment generally cannot grant a “use variance.”.

What is a closing attorney?

The closing attorney is available to explain documents such as a deed, a note, a deed of trust, a settlement statement, disbursement at the end of the transaction and loan documentation required by the lender. Record and disburse: The closing attorney is literally responsible for closing on the transaction and distributing all monies.

What is title examination?

The title examination is for the purchaser and the lender to evaluate title to the real estate. The purchaser will need to know whether there are certain restrictions of use, easements, encroachments or whether the title is marketable and clear for the seller to transfer the property to the purchaser. The closing attorney will identify any existing ...

What happens if you don't have a clear title?

Without clear title, the sale may become much more complicated . Upon receipt of a real estate purchase agreement or a request from a bank or mortgage broker, the closing attorney will begin to check the title to the property being sold.

Definition of Land Use and Zoning Laws

• Land use and zoning law is the regulation of the use and development of public and private real estate. Zoning is the most common form of land-use regulation, used by municipalities to control local property development. Other legal issues pertaining to land use include easements, trespassing, and eminent domain. Zoning regulations typically divide a municipality (such as a ci…

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