How do I enforce a zoning ordinance?

If you find that a nearby or neighboring property owner is in violation of the local zoning ordinance, you have a variety of options. You can either attempt to settle the matter by explaining the zoning ordinance to the property owner, or you can pursue legal remedy by filing a zoning complaint with the local zoning authority. Before taking any action to enforce a zoning ordinance, consult an attorney familiar with the relevant zoning ordinance to make sure you properly understand the law, the violation, and your available remedies.

Work With the Local Zoning Board

If you would like to see the zoning ordinance enforced by the proper authority, contact your local zoning and planning office or city attorney’s office. Ask them to explain the appropriate zoning ordinance to you, and the procedure for enforcing them against a non-conforming neighbor. In many cases you may have to file an official zoning complaint at the local zoning office in order to formally get the authorities involve. Whatever the process, approaching zoning officials with a well-prepared and well-documented explanation of the zoning ordinance and the violation will provide them with the information they need in order to investigate the matter and take action to enforce the zoning ordinance as you request.

Consider Going Public

Some people understandably want to make these complaints confidentially, however this is not always an effective way to enforce the zoning ordinance. In some cases, the zoning authority may not be compelled to take action simply because of your complaint, or may be slow in responding to it. If the zoning violation can have a widespread impact or be otherwise high profile, you may want to consider encouraging zoning enforcement by taking the story to the local media and make the public aware of what is going on. You also should seriously consider starting a petition drive so other voters and land owners can add support to your request for zoning enforcement. 

Pursue Legal Remedy

It's possible in many places to not only complain to an official in the zoning department, but to actually start a lawsuit. In order to pursue available legal remedies offered by the court process, you will need to work with a local attorney familiar with zoning enforcement to make sure you properly follow all the necessary procedures to filing a claim. An attorney can help file the claim, negotiate a settlement, or argue your case for zoning enforcement in front of a judge should other zoning authorities fail to take proper action.