Can I fight a rezoning proposal that has been passed?

When a rezoning proposal is passed there are still many options for property owners who want to oppose the action. Any appeal of a rezoning decision by a zoning board can be a complicated legal matter that requires proof of an error in the process of making the change, or a flaw in the rezoning decision.

Can You Appeal

The first big question depends on whether or not you have a legal right to appeal the zoning decision. If the rezoning directly affects your property or a property next door to you, you have special rights to file a complaint. Additionally, it is important that you demonstrate your efforts before the zoning change was approved. In order to win a zoning appeal you will likely have to prove you attempted to stop the zoning change during the proposal process. It is important when fighting a zoning change to hire the services of an attorney early, and keep legal counsel when appealing a rezoning.

Challenging the Process

A zoning change cannot occur unless the local zoning board correctly follows the required procedure, and an error in the process may lead to a successful zoning appeal. If a zoning board considering enacting a change failed to notify interested people, misrepresented the changes to be made, made the changes at the wrong time, or otherwise passed a rezoning proposal without properly following any of the local ordinances controlling the issue, there is an issue to consider on appeal. Because of the significant impact a rezoning can have on a community, it's important that the zoning board follow the required procedures prior to changing zoning. If they fail to properly enact a zoning change, you can argue that failure on appeal.

Challenging the Decision

In addition to filing a zoning appeal for procedural errors, a zoning board's decision may be overturned because it was arbitrary and unreasonable. When a rezoning proposal is passed it must be done so for a legitimate and well-articulated reason that supports a community plan. A zoning board cannot rezone a community simply because it wants to or because one or two influential citizens demand it. Generally, a zoning board's decision must be supported by evidence that the rezoning was done for the good of the community, and in accordance with a well-reasoned zoning plan.

Getting Legal Help

Any decision to file a zoning appeal should be guided by an experienced attorney. The process of challenging and appealing a zoning decision can be complicated and require significant attention to time lines and legal procedure. An attorney will provide you with the best opportunity to file and win your zoning appeal, and you should not attempt the process without one.