California Land Use Lawyers Elaborate on Zoning Law:
With an unwavering commitment to the protection of private enterprise, our California land use attorneys seek remedies by the most cost-effective and efficient means possible. Listening closely to clients, our LA and Sacramento attorney team develop a strategy based on specific needs and concerns for each client. The California land use lawyers then assist property owners in clearly articulating challenges to community objections, and work to ensure that procedural notice requirements are complied with.
More from the California Land Use Attorneys regarding Zoning Law…
Cities are granted broad authority to create the division of districts, each of which have land use or zoning regulations regarding structural and architectural design. In addition, these zoning regulations can dictate types of use. Examples include residential, commercial, industrial, and agricultural land uses. Even within these categories, there can be further regulations, such as heavy, medium, and light land uses. There are also issues unique to property in agricultural areas, such as the ability of the property owner to take advantage of the Williamson Act. This Act allows owners of land to obtain significant tax reductions by maintaining agricultural use for a period of time.
Certain land uses within a district are permitted as a matter of right. For example, a property owner will be allowed to build a single family home in a residential zoning district. Other uses are typically allowed, but with the imposition of conditions. For example, a grocery store might not be normally allowed as a matter of right in a commercial zoning district, but found important for the community, and will be allowed with certain conditions attached, such as landscaping, signage, hours of operation, and parking parameters.
With offices in LA and Sacramento, the California land use attorneys find a common issue for property owners is a new zoning designation which is inconsistent with prior use of property. When this happens, the property owner can claim that the prior use is “grandfathered” and is therefore exempt from the new zoning designation. This is called a “non-conforming use.” Many times, however, a city will nevertheless attempt to impose new restrictions on preexisting uses, in which case a land use/zoning attorney will be needed to obtain relief in court. A property owner can also seek a “variance” from zoning regulations based on unique circumstances.
In some unfortunate situations, a city will single-out a property owner and zone only his/her property for uses which severely curtail economic returns. This is usually illegal, and is referred to as “spot-zoning.” This also violates the property owner’s federal constitutional equal protection rights.
Kassouni Law was founded on the belief that property rights and personal freedom are intertwined. It is our mission to rigorously defend Constitutionally protected property rights against government and private abuse. Within that realm, Kassouni Law represents private developers, businesses, and homeowners who are encountering difficulties in all procedural aspects of zoning and land use. Because Kassouni Law is a practice that specializes in land use, property rights, and development law, we have the experience to deliver results. Headquartered in Sacramento, with offices in Los Angeles, our California land use attorneys have litigated cases against all manner of governmental entities throughout the state of California, including building departments, planning departments, the California Coastal Commission, and cities and counties, all on behalf of private individuals and businesses.
If you have any zoning related issues, please consider contacting the California land use lawyers at Kassouni Law by calling (877) 770-7379. We will be pleased to assess your rights and remedies; moving forward with a plan of action to obtain positive results.