After meeting in the same location for more than two decades, a local San Diego County church was told by the county that its members could no longer meet in its usual church building, reports Anne Krueger of the San Diego Union Tribune. It’s also reported by a San Diego Union Tribune AP article that several hundred miles north of San Diego, nine Fresno area medical marijuana dispensaries have been ordered to shut down. Elsewhere, in the affluent coastal city of Palos Verdes Estates in Los Angeles County, a homeowner currently faces misdemeanor charges for allegedly running her home as a “party palace,” as detailed by Jeff Gottlieb in the Los Angeles Times. What do these stories have in common? Accusations of zoning violations. In the case of the local church, it had apparently been sitting on land zoned for a bar, and was told it would need a permit to continue on as a church. The congregation was allowed back several months later, but the church must still seek the proper permit in order to continue its meetings. Now the church teases on its website that it has its own version of “happy hour”: Sunday church service at 10:00 am, but it’s a safe bet that this won’t be enough to conform to the current zoning.
It’s clear that land use regulations such as zoning affect us all in our day to day lives. Zoning restrictions are an effective tool for local governments to control the development of land and the uses to which property can be put. Generally, the idea is to keep residential, commercial, agricultural, and industrial areas separate, with further restrictions applying to each category. Zoning laws can protect you from many nuisances and benefit the public at large, but at times problems arise when these regulations conflict with your personal or business objectives. From business owners making plans for the future use of commercial property on one end, to homeowners seeking to expand or make changes to their homes on the other. We’ll research and review current zoning laws and ordinances, and seek relief from these regulations when needed. For example, depending on the circumstances, you may need to obtain a variance, permit, or a zoning change. After careful preparation, we’ll handle the application process, submit any required reports, and represent you at hearings.
Also note that not all zoning regulations are legal, and we’ll assess how reasonable or unreasonable the regulations or any conditions placed on the approval of your proposal are under the law. Zoning and other land use laws, like building codes, can have serious consequences for you. With this in mind, we’ll negotiate contracts to include important contingencies when buying or leasing commercial property, advise you about the impact of zoning laws on your current or future business plans (such as when buying or starting a business), or assist with residential projects. Contact our real estate attorneys early on with your zoning or development concerns, and we’ll strategically develop your case to maximize your chances of a success. Reach San Diego Law Firm at (619) 794-0243.
