City zoning issues

[Mark Weiss]

I have a piece of property in south Florida that has been in the family since 1964 it is zoned C-3, my father had a commercial garage built on the property in 1976 approved by the city to run his home based buisness out of wich I also worked with him doing a variety of thing's (welding,boat repair,Etc).I have put the property up for sale and have a buyer that is a electrical contractor, the city will not allow this man to purchase the property stating that contractor's are not permited in the C-3 zoning but I pulled occupational license on multiple contractors who were approved after the zoning change to C-3. The city say's they are not responsible for a mistake that was made but I have proof of many mistake's, how many mistake's can be made without being liable. I also was told that there was never an occupational license on this property by zoning, but I spoke with the city occupational license office and they told me that there computer's were updated 2 years ago and that they could only go back 5 or 6 year's, this has been a 25 year span. I have quite a bit of imformation on this mater,can anyone give me some imformation on this or lead me to legal help,said property is south of West Palm Beach.

Thank You
Mark Weiss

 

[Lou Orosz]

Mark, you have several options:
1. Find another buyer with an occupation permitted by-right in your C-3 district.
2. Apply for a use-variance, special permit or special exception (if any of these procedures are allowed.)
3. Amend the district permitted use section by adding the buyer's occupation to the list.
4. Forget about the history of mistakes unless you are being singled out for "selective enforcement," in which case you really do need a qualified attorney to deal with the city and this matter.

 

[Free American]

Mark-

Check your state laws concerning "Loss of records" Losing records is NOT a defense. Do not hire a lawyer and do not engage the city in their court. They will bleed your time ,money and health...and you will LOSE. Find a para-legal who is healthy in zoning law and file a civil RICO suit in Superior court. This will save you a year's time and you won't begin with a depleted bank account.Read your 14th constitutional right and see if they have a "Board of Adjustments" Most cities best kept secret...You can fight City Hall but Freedom is'nt free nor is Justice $$$$

 

[Dan]

Moderator note:

Please understand that any of the opinions offered on Cyburbia in response to lay questions about zoning issues shouldn't be construed as qualified legal advice. We can guide you in the right direction, but your desired results aren't guaranteed.

 

[Florida PlannerPerson]

If the property in question has been continuously occupied by a particular type of use (before and after the zoning change), the use may be "grandfathered". If your records show continuous use, you need to point this out to the municipality. Also, even if the property is not in use for this use at this time, if you can show that you have continously marketed it and made efforts to maintain the use, this is counted in your favor toward grandfathering. Warning: I am not a lawyer, just a planner.