Land Use and Zoning

LAND USE AND ZONING LAW

Municipalities utilize zoning for organizing residential, commercial, and industrial districts (or zones) in such a way so that use is reasonably uniform, and each is separated from one another. That’s where it gets interesting, as the restrictions within each of the three types of zones can be extremely detailed and potentially confusing. Everything from size and height of structures, type or usage of building, the number of rooms, where utility service connects, amount of frontage space, capacity of occupants, parking spaces (both regular and handicapped), and much more is considered. Not only that, but there is dramatic variability between different cities, counties and States. Therefore, a successful land use and zoning law attorney has a firm grasp of each area’s environmental considerations, future growth trends, and political sensitivities, so they can provide competent advocacy on behalf of a client.

Land development, real estate, construction and government organizations invest a lot in creating comprehensive plans which aspire to create thriving, efficient and harmonious community expansion. Clients should have a seat at the table when those discussions and negotiations begin, so that decisions aren’t made which could inadvertently hurt their business interests. Jimerson Birr lawyers advocate from the beginning of this master planning, helping to ensure informed decisions are made by the parties at work, without missing important information during the process.

We provide a complete range of land use and zoning legal services, regularly offering counsel in areas such as:

• Zoning, site plan and other land use applications
• Zoning code, comprehensive plan and master plan amendments
• Litigating limits on controversial zoning regulations, including spot zoning
• Clarifying the scope and limits of a municipality’s ability to regulate land use
• Development agreements
• Site plans
• Environmental diligence, compliance, permitting and mitigation
• Platting
• Variances, special use and other discretionary permits
• Advocating for re-zoning or specific land use designations
• Acquisition of local, regional, state and federal government permits for development
• Representing clients in eminent domain disputes of fragile environments
• Code enforcement disputes
• Concurrency regulations and compliance
• Impact fee regulations
• Building code compliance
• Coastal water development and riparian rights
• Historical preservation compliance
• Drafting or reviewing restrictive covenants or provisions for limiting or prohibiting the use of property 

Whether our clients seek to buy, sell, develop, or preserve land, Jimerson Birr has the experience and aptitude to guide you strategically to accomplish your land use and zoning objectives.