Land Use Issues Made Simple.

Zoning

Land use and development is an area of the law that requires a comprehensive understanding of the interrelationship of Local, State, and Federal laws and regulations. Local governments often have a town-wide comprehensive plan of development that identifies where certain activities can occur in order to maximize social benefit. Municipal zoning regulations typically designate four land-use categories: agricultural, commercial, industrial, and residential. If the planned use of property violates your town’s zoning regulations, you have several options including:

• Petition to change the zoning map. For landowners seeking to completely change the use of a property, such as building an industrial or commercial site on land currently zoned for agriculture.
• Variance. When seeking minor deviations from current zoning regulations, a variance application can be filed with the town’s Zoning Board of Appeals.
• Conditional use permit. Similar to a variance, but grants a variation in use that is conditional on certain requirements being met, such as a small business operating on a lot zoned for residential agreeing to customer parking off-site.
• Non-conforming use. When zoning regulations have changed and no longer allow for a property’s current use to continue, such as how far back a property must be from the road, the property owner can petition for permission not to conform to those new regulations.

The attorneys in Parrett Porto’s Zoning and Land Use Practice Group counsel individuals, commercial developers, and national corporations on the legal issues involved in planning and developing sites for industrial uses, commercial and office complexes, shopping centers, subdivisions, and other development projects.

Our land use attorneys are experienced in property development and the impact of zoning and land use regulations, wetlands permitting, coastal area management, site plans, conservation easements, and environmental remediation and compliance. Our land-use attorneys regularly appear before municipal boards and commissions in our effort to assist our clients and make sure that all aspects of zoning, wetlands, environmental, and other land-use regulations are seamlessly integrated and implemented, and approved.