ZONING & LAND USE

Dworken & Bernstein’s Zoning and Land Use practice group assists businesses and individual clients to resolve a variety of legal problems related to local zoning codes.

Land use law concerns how land owners can use property and what limits the government can place on that use. The idea is that in creating zones for similar uses, landowners will be able to enjoy their property. Perhaps unsurprisingly, zoning often leads to many legal challenges. In defending these challenges, the local government need only show that the zoning furthers a legitimate government purpose. A land use and zoning attorney’s main job is to advise clients in relation to real estate development and includes a working knowledge of zoning laws, building ordinances, construction permits and other land use ordinances. It can be very challenging to navigate the various contracts and zoning laws relative to any building project. In this regard, our lawyers help businesses and individuals obtain variances and/or conditional use permits to accommodate growth or relocation plans. We advise homeowners and contractors about building permits and code violations. Our attorneys also work with property owners and local government officials on issues ranging from property tax appeals to condemnation. We serve the needs of businesses, individuals, and families throughout Ohio in the following areas:

  • Applications for building permits, conditional use permits, or variances
  • Response to notice of code violations and local enforcement actions
  • Valuation and assessment issues, including special assessments
  • Property tax appeals
  • Land use problems associated with mineral rights or pipeline easements
  • Appeals from land use decisions
  • Eminent domain proceedings involving residential or commercial property

With these noted, there are situations when a client may find the need to apply for an exception to a zoning requirement. These situations commonly arise when the zone around a  pre-existing home or business changed or when, because of the nature of a property or project, a client needs to build closer to an existing structure than would normally be allowed. Our attorneys regularly deal with nonconforming uses, variances and conditional use permit issues.

Whether your problem involves a nonconforming use, a technical violation of a local building code, or the overvaluation of your property on the tax rolls, you can depend on the attorneys of Dworken & Bernstein’s Zoning and Land Use practice group.  For further information about the scope of our Zoning and Land Use practice, please contact us.

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