What Are Some Common Zoning Disputes in Albany?

Land Use & Zoning

Sep 27

Background

Most, if not all, of the land in the Albany area is split up into different zones by local government officials. The zoning classification of a piece of land or property will determine the legal uses of the land. There are several types of zoning classifications, including commercial, residential, or industrial, but there are also several other requirements that must be met. Failure to adhere to these requirements may result in zoning disputes.

Zoning disputes can occur for many reasons, including the following:

Nonconforming use/issues with land use: Property owner violates zoning regulations by using the property in an unauthorized way. It is possible that the zoning regulations that once permitted the owner’s usage later were changed to prohibit the usage.
Failing to follow spacing regulations: Property owner violates setback ordinance by building too close to a street, boundary line, or another building.
Failing to ensure safety: Property owner violates the building code by failing to ensure building’s safety or failing to properly maintain the property.
Exceptions: Property owner seeks a variance, or an exception to a zoning regulation, but neighboring property owners oppose the variance once it is granted.

While a land use and zoning dispute can be a complicated matter, it can often be resolved through negotiations. If the parties involved are unable to come to an agreement, both sides may plead their case at an administrative hearing.

The final step, if an administrative hearing is unsuccessful, is likely to be litigation. Litigation can be more time consuming and costly than the other options, so it would be best to resolve all issues before getting to that stage, if possible.