Whether you`ve been cited for a violation or just want to understand your options, Atlanta zoning attorneys at Robbins Ross Belinfante Littlefield LLC can help you resolve your zoning dispute quickly and cost-effectively. Aggressive and dedicated, we provide world-class legal representation in complex and challenging zoning matters. If you would like to learn more about how we can help you, contact us at 678-701-9381 to meet with us and discuss your case. The court ruled in favor of Martin and his right to build the apartment complex, ruling that there was no language in the rezoning decision passed by the county that referred to the conditions or required Martin to adhere to the particular use specified in his site plan. The court held that since a zoning order restricts a property`s right to freely use his or her property, it must be interpreted strictly in favour of the owner and never needs to be interpreted beyond its express terms. In addition, a court should not find that the zoning of the land is tied to a specific use, but should require that all conditions be expressly part of the rezoning decision. “A change in zoning is conditional only if the conditions are set out in the rezoning decision itself or if a reviewer of the decision is informed of the existence of such conditions.” (p. 397) The plaintiffs requested a rezoning of their property to allow for the construction of a 28-room motel, which the city refused. The only issue for this court was the declaratory action to determine whether the zoning order, as applied to the property in question, is unconstitutional.

An easement is a limited, non-patrimonial interest in another party`s property. For example, a party may obtain an easement to obtain lawful access to their neighbour`s entrance if this is the only way to reach their home. For example, when the government confiscates property to build a highway or a park, it invokes an excellent law on the estate. The government agency must fairly compensate the owner. The crime of trespassing occurs when a person enters another person`s property without their consent. After the Roswell City Sign Ordinance was repealed as unconstitutional, the city issued a temporary moratorium on billboard applications, but by adopting the moratorium, the city failed to comply with the notification requirements of the Zoning Procedures Act, O.C.G.A. § 36-66-4(a). In a challenge to the moratorium, the Supreme Court found that the temporary moratorium on receipt of billboard applications was not a “zoning decision” within the meaning of the Zoning Procedures Act.

The PLA defines a “zoning decision” as “the final legislative action of a local government” that issues an ordinance, issues a special use permit, or authorizes an amendment to the text of the zoning ordinance, a rezoning of property or adjacent areas. Therefore, the temporary moratorium on billboards is not a “final legislative measure” within the meaning of the LPA, so the adoption of the temporary moratorium is not subject to the notification obligations of the LPA. In addition, the Supreme Court approved the moratorium on the grounds that it was temporary; the scope was limited to billboards above a certain size; And it was issued in response to an earlier court order striking down existing sign regulations. Thus, the General Court specifically considered that the moratorium constituted an appropriate provisional measure and was exempt from the procedural rules of the ZPL. The City of Scottsdale has a comprehensive zoning ordinance that covers many aspects of property use. For example, sections 7-104 set height restrictions for walls, hedges, fences, and landscaping materials and structures on corner lots. § 7-200 imposes various restrictions on homeowners, such as covered porches that do not extend within ten feet of the rear property line and chimneys that do not extend more than two feet into the required yard of the house. Other zoning ordinances regulate the height of fences and where fences can be built on their property. Once you have a good understanding of the violation, you need to decide how to proceed. If it`s something minor that you can easily fix, you should work with the zoning office to correct the violation as soon as possible. If you do not agree with the violation, you must contest it. In other cases, you may need to apply for a waiver or continue a parallel process.

This is where your violation can get very complicated. The first important step is to attend a public hearing if you want to get a zone deviation. You must present your case at this hearing. The public may also comment at these meetings. The right to build and use is part of the use and development of private and public immovable property. Zoning is an ordinance commonly used by municipalities to control local real estate development. It is mainly used in relation to land use. Trespassing, easements and significant estates are other legal issues related to land zoning. Because zoning orders can affect entire groups of a local population, many zoning lawsuits are filed in the form of class actions. The notice requirement does not apply to actions brought under Section 42 of the United States Code.