Individuals and companies purchase real property in Georgia for a number of reasons. Often they have selected the land because it is already zoned for the exact purpose for which they intend to use it. However, in many other cases, the real estate owner requires a zoning variance or a rezoning to use the property for the intended purpose or to make it more attractive for resale to purchasers. Frequently the land was zoned with a specific purpose in mind some time ago, but that decision no longer has any validity. However, local governments are not always cooperative when it comes to rezoning.
GA Zoning and Land Use Attorneys
In the State of Georgia, the local government—generally the county or municipality—usually determines zoning classifications. However, the State of Georgia’s code (O.C.G.A. 36 Chapter 66) does provide some overriding requirements by which all municipalities and counties must abide. Additionally, the Georgia courts provide some relief to property owners who seek zoning reassignments. In order for a plaintiff landowner to overcome a zoning decision they must prove that A) the current classification is a significant detriment to him, and B) that the rezoning would not cause a substantial impact to public health, morality, safety and welfare. Once the landowner demonstrates this, the burden shifts to the governmental entity to show that the current zoning assignment is in the public’s best interest.
Whether you are a property owner who is pursuing a variance or rezoning, or a potential investor who has concerns about the zoning of a piece of real estate, you need an attorney who is well versed in zoning law and interacting with local governments. As construction and commercial law attorneys, the firm of Stone & Bellus, P.C. has a great deal of experience with zoning in Atlanta, Fulton County, and Northern Georgia. Our Atlanta-based business lawyers can assist you in seeking zoning-friendly sites, negotiating the purchase, appealing to the zoning boards of various cities and counties throughout Georgia.
Whether you are in Fulton County or elsewhere in Georgia, Stone & Bellus, P.C. can help you with your legal zoning issues. Contact our Atlanta office today to schedule an appointment. Our number is 678-279-5511.