Asked in Real Estate Law and Land Use & Zoning

Q: How do I force the city to rezone my property from agriculture to housing??

When our 40 acres was annexed we were given agricultural zoning. The future land use plan shows our property as high density residential. We have partnered with a developer to permit a residential project but the city disapproved our zoning request and we had no variance requests. If the future land use plan has a housing designation how can they prevent me from developing my property by preventing a zoning change?

1 Lawyer Answer
Anthony M. Avery
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Answered

A: You will have to appeal that administrative decision. I have no idea where you are at, but there may be one more administrative level of appeal. Your lawyer should have advised you of appeal options before the hearing. You will not be able to "force" the City to do anything. Your so called partner should have known this prior to the application for zoning. It is very possible you will never rezone this, and again should have known this at the time of annexation.

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