Legal Question in Real Estate Law in California

land zoning

I have owned my home for 14 years. Our zoning changed from RR to RA They allowed storage containers for garage use, one was in my escrow docs. Now they say they have to go. We have 15,000.00 invested in these shipping containers can we fight to keep them. They are also trying to close our business


Asked on 7/20/07, 6:16 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: land zoning

If you were lawfully operating within the zoning and the zoning later changed, you usually would have nonconforming use rights ("grandfathered in"). This generally means that you can continue to operate as long as you don't cease operation or change it.

For a more specific response, I would need more details about your situation.

For example, who is trying to stop your business? What does RR and RA permit? When did zoning change? When did you first start operating your business? What was in your escrow docs?

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Answered on 7/21/07, 11:18 am
Scott Linden Scott H. Linden, Esq.

Re: land zoning

Who is "they" that is demanding the containers "go"? an HOA? The City? If you can show that you have had these for a substantial period of time that pre-dates the zoning change, yo should be able to successfully apply for a variance. A variance is an authorization from a government agency to use a certain piece of real property for a purpose that is outside of the zoning restrictions. Generally, a "grandfathered" location is one of the main forms of zoning variances.

Please feel free to contact me at the number and/or email provided by LawGuru. Additionally, you can learn a little more about our firm as well as contact me directly at our firm's site, No-Probate.com.

Scott

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Answered on 7/20/07, 6:45 pm


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