Zoning Law question

[Johnny2X2X]

So, we moved into our new home, great neighborhood, backed up to a wooded area with a hill and a school at the bottom of the hill, school is being leased by a church. The school and the 11 acres it sits on is for sale. Much of the lot the school is on is wooded and home to a herd of white tail that people love to feed.

This is zoned LDR, this means residential housing only, no apartments or retail of any kind. What are our rights as homeowners adjacent to this property if the property sold and the new owner tried to change the zoning?

As it is now, they could only use the school as is, or tear it down to build houses. Houses would still suck, but the wooded area behind us is on a steep hill that they wouldn't be able to tear up to build so I'd still have the privacy I like behind my home.

Furthermore the property is directly across the street from a city park that contains protected wetlands. You'd think the wooded portion of the property (not near my house) that is home to swamp dear might share some of those protections. Is there a way to find out? Is there a way to get these woods protected? Some of the land is already designated Hyrdic Soil. Bottom line is I'd like to save the land from development since there is so much wildlife on it. Thoughts?

[taterguy]

1. I think the Lounge is a terrible place to ask this question

Unless you want to wade through a ton of snark.

YMMV

[Johnny2X2X]

2. Agree

Maybe I should have targeted the environmental forum.

[dr.strangelove]

3. Well

First I agree, the Lounge is not the best place for this discussion. That said, I will try to direct you to some information that can help. Most town's have a zoning board or a town board that hears zoning change requests. If there is a request to either change the zoning, or for a variance from the existing zoning, that is the place to look. Often a large sign has to be placed on the property, but find out who handles zoning variances/changes and call them. Ask if any petitions for a change or variance have been filed for this property. Also, go to town hall or whatever the repository of plats for your area is and pull the plat for this property. It should have whether there are any wetlands on the property, at least at the time it was platted. If not, you can certainly request an environmental impact study if there is a request for a zoning change. Most of this is easy, but if you get resistance, a land use attorney can help you. As for your rights, unless it is impacting your land directly, like sight lines, water rights, noise or pollution, you are just like any member of the public. But all members of the public can talk to the zoning board about these things. Zoning exists for a reason.

find out if your town has a master plan and look into whether the proposed use is within the plan. If it is not, that can help you argue that the proposed use is not what the town wants. You have a lot of work to do. To be honest, if it is going to be housing within the current zoning, there is not much chance of success. If it is a big change, like to commercial or industrial, you may have a good chance of success. Whatever the result, it is worth fighting if you beleive in the land use you want to see around you. Just prepare yourself for a long fight. LAnd use fights take time and developers often have reserved funds for these fights in their plans, so it can be costly too. BEst of luck to you.

[genxlib]

5. All good info

I would add, if you are adjacent to the property many jurisdictions will require that they notify you by mail before requested zoning changes go to hearing.

If you are really, really lucky maybe there is a deed restriction on it.

[kelly1mm]

4. If you want to control it, buy it. Problem solved. Nt