What Is a Zoning Ordinance Violation and What to Do When You Receive One

A Zoning Ordinance is a rule that defines how property in certain geographic zones can be used. A Zoning Ordinance divides a jurisdiction of a local government into specific districts and zones. From there, the ordinance regulates how the land is used within that district, the types of buildings that can be constructed on the land, and more. The Ordinance usually contains both written regulations and a zoning map, which may be amended by a local legislative body. Whenever these zoning ordinances are violated in some way, that is a Zoning Ordinance violation.

Usually, a Zoning Ordinance violation occurs when a property owner or tenant uses their property in a manner that is not allowed by the Zoning Ordinance. One of the most common violations is illegal land use. Illegal land use occurs when a property is used for a purpose that is not allowed by the Zoning Code. For example, property designated for residential use cannot be used for commercial purposes, and vice versa. Excessive noise levels and improper signage are other common types of zoning violations.

If you receive a zoning violation, you should first understand what the violation is and the reason you received it. If the violation is relatively minor, you should contact the zoning office and take care of the issue as soon as possible. An alternative is to contest the violation. If you challenge a zoning violation, even if it is in the process of getting resolved, you will most likely have to attend a hearing either in court or in front of a Zoning Review Board. If you have a hearing scheduled, you should absolutely go to the hearing because if not, the matter may be resolved against you in your absence. In addition, if presented with a zoning violation, you should take photos of your property to have as evidence of compliance if you challenge the violation. You should do this before any scheduled hearing and send the photos to a hearing officer to show that there was no issue violating the Zoning Code or that the issue has been resolved. If this is done, you may be able to have the hearing reset or vacated or you may be able to get the violation dismissed.

Having an experienced attorney who has navigated Zoning Ordinances before will be beneficial if you have received a violation. Contact McNeelyLaw LLP for all of your zoning violation needs.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.