The Karlin Law Firm LLP - Business Law Attorney

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

Providing quality legal services to statewide and national clients in ADA defense, Personal Injury, business and real estate for more than 35 years

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Requesting a change in commercial zoning

California business owners know that local zoning laws may sometimes create a problem with their plans. Zoning problems may include the building’s height, its proximity to another building, setbacks or zoning that does not include the type of business that wants to locate there. However, there are remedies that may be applied that might solve these problems.

Generally, these issues are handled by the local zoning board, and while each area is different, a commercial property owner or potential buyer might request a public hearing in order to obtain a variance or alter zoning requirements.

Variances may be requested when the property owner shows that the current zoning restriction creates a hardship. When requesting a variance, the property owner must also show that allowing it does not adversely affect the public. Community support may make a difference in whether a zoning change may be approved by the board. This may be accomplished through a petition or community support at a zoning board meeting.

In addition, reaching an accord with those who might have objections to a change in zoning is important. The third type of possible relief is through the use of a conditional permit. This type of zoning change requires certain changes performed by the company for the permit to be issued. Support from nearby businesses may help when requesting a zoning change. For example, a large commercial store or center may assist other businesses in building up clientele by drawing more traffic to the area.

A businessman who has zoning problems in a piece of commercial real estate or needs zoning changes for a potential purchase may wish to consult an attorney versed in real estate law. An attorney might assist in obtaining the necessary zoning permit or in pursuing legal action to remedy the problem.

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