Finding the right spot for a commercial development is not always easy. When one finally finds what he or she believes to be the perfect location, by the time the property is bought and building plans are submitted for approval, one may find that the county zoning board has decided that the plot of land cannot be used as intended. Rezoning occurs and now one’s plan for the property are no good. What, if anything, can be done?
Zoning laws can be downright frustrating. The fact that the zoning board can change how land is allowed to be used without any thought to how it affects property owners can be maddening. Those in Georgia who find themselves with a zoning issue do not have to stand by and do nothing. It may be possible to fight the decision to rezone one’s property.
There are a few ways to fight zoning issues: challenge regulations, file amendments, obtain variances or seek a special use permit. Challenging a zoning change may be possible if no notice to participate in the zoning hearing was received or if the decision regarding the property was made in an unreasonable manner. If challenging the regulations is not deemed an appropriate action, it may be possible to use one of the other alternative methods in order to claim hardship resulting from the zoning change or in order to seek special permission to still use the property as intended.
Zoning issues can take time to resolve. Getting the zoning board to see one’s point of view may not be an easy task. With the assistance of legal counsel, developers in Georgia may be able to fight any rezoning that occurs to their property before they have the chance to get their projects off the ground. An experienced attorney can review one’s case and provide more detailed information on the matter.
Source: FindLaw, “Land Use and Zoning Practices“, Accessed on March 9, 2018