Zoning cases can occur when it is least expected. For
example ALO and Attorney Andrew Arena handled a case for a
convicted sex offender challenging a residency restriction. The
local zoning ordinance stated that a sex offender could not live
within 2000 feet of a school, golf course, park, day care center
etc. This was actually a zoning case because it was part of the
municipalities zoning code, due to the fact that it was an
ordinance made to restrict the use of property.
Zoning is government rules to control how land is used in
certain areas. These areas are zones, which are delineated to
establish compatible land uses. This method of zoning is known
as Euclidean Zoning, which is a term that comes from the first
ordinance challenged from the City of Euclid Ohio. The
Supreme Court made the famous quote which is that zoning is
required to prevent a pig from being in the parlor. For example,
it makes sense to protect residential areas from heavy industry
by limiting what may be developed on the land.
Although it seems strange that the Government can tell
you what to do with your land, all municipalities make
exceptions to their zoning ordinance. This usually occurs when
someone wants to change the property use, and the new use will
not harm neighbors, or it makes sense to allow the change due to
the change of the surrounding property uses. There is a
procedure to seek a variance or what is now referred to as a
special use or exception to the zoning ordinance.
One must first apply for the use and have it rejected by
the local plan commission. It is then necessary to appeal that
denial to the Board of Zoning Appeals. This is a process that
takes place when a person wants to open a day care or
counseling center in a residential area, or a tavern wants to put
a volley ball court on vacant property. These are examples of
situations that Attorney Andrew Arena has worked on for clients.