Property development is subject to a number of state and local rules, regulations, and procedures. One of the most significant challenges that landowners and developers must overcome concerns zoning. The process can be wrapped up in bureaucratic red tape and confusing requirements, and it necessarily involves meeting the demands and expectations of zoning boards and other administrative bodies. There are also cases of zoning disputes involving neighbors who object to a proposed development.
Fortunately, you do not have to handle zoning issues on your own. By retaining a knowledgeable real estate attorney, you can assert your legal rights and work to achieve the desired outcome of your legal matter. Let attorney William M. Kolb go to work for you today.
Common Zoning Issues
Zoning is a term that refers to the set of regulations that control how real property can and cannot be used. These rules concern any number of matters such as the types of buildings that can be constructed, parking, environmental issues, and much more. Commercial, residential, and industrial developments (among others) must comply with the sometimes complex zoning rules or the landowners and developers can face legal penalties.
A few of the most common zoning issues involve:
- Proper districting: There are several different types of zoning districts such as residential and commercial. Some of these include subzones that vary depending on features like the structures and uses that are allowed. For instance, the City of Providence has six different residential districts, each with their own rules and criteria.
- Dimensional standards: Each zoning district has dimensional requirements such as lot sizes and setbacks. Landowners and developers often do not understand these requirements and may end up constructing dwellings and buildings that violate these rules, triggering legal action from the government or neighbors.
- Building restrictions: Buildings are limited in such features as their maximum heights and impervious surface coverage (e.g. asphalt). Understanding the demands of each district is key to legal compliance. An owner or developer who does not abide by the building restrictions imposed in a particular zone risks incurring legal penalties.
- Rezoning disputes: Some of the most contentious zoning issues involve petitions to rezone property. Often, this arises when developers want to bring in massive residential and commercial projects that neighbors don’t want. Not only must the landowner and developer deal with community opposition, they must address the concerns of the zoning board.
- Parking and traffic issues: One of the principal reasons that neighboring property owners oppose new developments, or the rezoning necessary to permit them, relates to parking and traffic. A landowner or developer that cannot successfully answer questions about these issues is unlikely to win approval or may be subject to undesirable limitations.
- Environmental matters: These disputes often, but do not exclusively, concern industrial developments. Companies wishing to build in industrial zones have to assure boards that they will implement pollution controls and that their projects will not threaten the public safety. Excessive noise and noxious odors also fall into this category.
- Aesthetics: Zoning rules may limit not only the type and size of a building but its general appearance as well. Boards are often worried about how a new project may impact the character of a given area, so they demand that developers match or come close to the appearances of other, similar dwellings and structures.
- Land use: Zoning rules also dictate how the property in question can legally be used. Providence has developed permitted, special, temporary, and prohibited uses. Before applying for permits or petitioning for rezoning, a landowner or developer should know whether the proposed use is going to be allowed and under what circumstances.
- Historical preservation: Building or renovating in a historical district invites its own unique challenges, with often stricter controls in place to preserve the overall appearance of an area while still allowing progress. Without a full appreciation of not only the requirements of the district but the opposition you may face, your project could be imperiled.
- Variances: A zoning variance is an exception to the prevailing rules. Local boards grant these on a case-by-case basis, and it is up to the applicant to demonstrate why the variance is necessary. The landowner or developer will also be tasked with convincing the board that the variance will have minimal negative effects on the surrounding community.
How Can A Zoning Attorney Help Me?
Our seasoned zoning attorney can assist you and your business with:
- Guiding you through all aspects of zoning and rezoning so you better understand the requirements and procedures
- Explaining the land use restrictions that may impact your project
- Reviewing and modifying your project to ensure compliance with zoning regulations
- Applying for the necessary permits you need to successfully launch and complete your real estate project
- Submitting all necessary paperwork to state and local governing agencies to secure the approvals, variances, or other zoning needs you have
- Appearing on your behalf before state or local zoning bodies to advocate for your interests
- Working to assure skeptical stakeholders (e.g. public interest groups) who may object to your proposed land use project
- Appealing adverse decisions by the zoning board or other governing body that has denied your request
Contact Our Providence, RI Zoning Attorney
The complexities of zoning necessitate hiring an experienced attorney to deal with the potential legal hurdles that property owners, developers, and others will encounter. No matter what sort of zoning issue you have, you can count on the dedicated team at the Law Offices of William M. Kolb, LLC. Call us today to learn more about how we can assist you.