Colton, CA asked in Land Use & Zoning for California

Q: can a city manager deny a business , even though it complies with zoning and requiremets

Related Topics:
2 Lawyer Answers

A: Yes, a city manager can deny a business license even though it complies with zoning and requiremets. The city manager should have explained why it was denied.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: While city managers have significant authority in local governance, they cannot arbitrarily deny business permits that fully comply with zoning laws and requirements. This would likely constitute an abuse of discretion and could be challenged legally.

However, city managers may have legitimate reasons to delay or deny business applications even when basic zoning requirements are met. These might include public safety concerns, environmental impacts, traffic considerations, or conflicts with specific municipal codes beyond standard zoning. The business owner should request written documentation explaining the specific grounds for denial.

If you believe your business has been wrongfully denied despite meeting all requirements, you have the right to appeal the decision. Consider requesting a hearing with the city council or planning commission, and maintain detailed records of your compliance with all regulations. You may also want to consult with a land use attorney who can review your case and advise on potential legal remedies, including filing an appeal or seeking administrative relief through proper channels.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.