Most U.S. cities of any size have land use and zoning ordinances that restrict certain types of construction and/or land use. If you are considering a real estate project, an attorney can help you deal with land use requirements.
For certain types of land use, the City of Marietta requires property owners to obtain Special Land Use Permits from the Marietta City Council or the Board of Zoning Appeals. The Board of Appeals handles Special Land Use Permits in the same way it deals with variance and re-zoning applications, which is through advertising and holding public hearings. The city evaluates land use based on its potential influence on surrounding properties and any possible adverse effects, such as hazards or drops in property values. Other specific issues that the board considers prior to issuing a permit are:
- Compatibility with the neighborhood
- Parking and traffic considerations
- Nuisance factors
- Hours of operation
- Proximity of other similar uses
- Extent of commercial deliveries
- Public health, safety and welfare of surrounding neighborhoods
A Marietta real estate lawyer can handle the legal aspects of land use for you by submitting documentation for variances, zoning changes and Special Land Use Permits — and representing you in hearings before the Board of Zoning Appeals.
Mark A. Johnson, PC handles all aspects of commercial real estate. Find out how we can protect your interests in your commercial real estate venture.