September 14, 2020

Reasons Why Your Business Would Need a Land Use Attorney

Land Contract papers

As a business owner, your greatest hope is for success. But with success comes growing pains. If your business is growing, you’ll reach the point where you’ll need a larger workspace. Perhaps you’ve found a building to renovate or a great deal on land to develop. While it may seem like realtors and contractors would be able to help you navigate these situations, no one is more prepared than a land use attorney. 

Land use attorneys know the correct way to execute a purchase, achieve correct zoning, and file the right permits for development. Even people who have experienced this type of land development in the past rely on attorneys who are knowledgeable. If you follow the expertise of an attorney who specializes in land use law, you won’t run into any surprises in your land use project.

The last thing you would want to do is delay construction of your new office because of a legal technicality. Whether you’re considering breaking new ground on an office building or leasing a larger warehouse for your business, a land use attorney can be an invaluable asset during the planning stage.

The Legal Side of Real Estate Development

Land use attorneys know the laws regulating commercial and business zoning better than anyone else. Much of the procedure for land rezoning, permits and land contracts is best handled by someone who knows the ins and outs of land use law. This is why many real estate groups have a land use attorney on staff or on contract. A land use attorney will keep abreast on all the legal issues that erupt during land use deals. 

Zoning laws can be confusing and differ in every municipality. Land use attorneys can help you understand any challenging zoning laws and help you to negotiate with city officials. They can also act as an intermediary for you with construction companies and real estate entities in legal matters.

Retaining a land use attorney is a smart move for any business owner. This type of attorney will take care of filing all the proper court papers and applications on time. You’ll never make a legal mistake that could cost your more time, energy, and money. No matter the type of property you are acquiring, a land use attorney can take care of all the legalities of your development venture.

Land Use Types

  • Residential
  • Commercial
  • Recreational
  • Transport
  • Agricultural
  • Industrial
  • Public use

Land Use Restrictions

Unfortunately, business owners that don’t have a grasp on the intricacies of land use can inadvertently make poor business deals on land that they’ll never be able to use. Every type of property has stipulations on the type of buildings that can reside on them. Some parcels of land are solely for residential areas, while others do not allow for any development whatsoever. You should familiarize yourself with the many types of land use restrictions that municipalities place on the land you currently own or plan to invest in.

Land use attorneys can help you navigate many types of restrictions:

  • Types of buildings (warehouses, food industry, multi-family housing, etc.)
  • Number of rooms in your building
  • Size and height restrictions on proposed buildings
  • Location of utility lines
  • Yard restrictions
  • Distance of building from major streets
  • Off-street parking 
  • Environmental restrictions
  • History site preservation
  • Floodplain restrictions

Reasons for a Business to Hire a Land Use Attorney

It’s best to get ahead of any major problems in a real estate matter before it stalls your development plans. There are several situations in which you should consider contacting a land use attorney before you start making any major property decisions.

When Starting a New Business

As a brand new entrepreneur, it’s important to make sure you find a proper home for your place of business. Sure, that cute, old house on the corner would be perfect for your falafel restaurant, except that it isn’t zoned for a commercial restaurant business. Don’t make up your mind on the perfect building until you do some research and actually find the perfect building.

When Renovating Your Business

If you currently own a property and need to reorganize or create more space for your business, make sure you’re legally able to do so. If you are in a historical building, this might not be possible. If  your building has some special zoning that prohibits making your parking lot bigger or warehouse taller, then an attorney could tell you your options.

When Moving Your Business

When you are looking for some new digs for your office, the first person you contact would probably be a commercial realtor. Make sure the second person is your land use attorney. As mentioned before, they will be the authority on whether a property will work for your type of business needs. Just because a property appears to have everything you need, doesn’t mean it really does. It may be too restrictive in zoning to be a feasible fit for your company.

When Modifying Business Operations

If you’ve decided to expand the services your company offers, it’s a good idea to consult a land use attorney. For example, your HVAC business may decide to add some plumbers to your employee roster. If plumbing has now become a priority, you need to make sure that your place of business allows for chemical storage. Is your area zoned for the type of business you’d like to transition to? Even if you’ve simply decided to expand, call a land use attorney to make sure you can do this legally.

Hire Former City Attorney of Henderson, John Marchiano, as Your Land Use Attorney

If you’ve considered any of these scenarios, you need to find a highly recommended land use attorney who knows land use law in Nevada. John Marchiano is a former City Attorney of Henderson and has more than 30 years experience as a land use attorney. His expertise is working with the Planning Commission as well as City Council to help you with all your business land use needs. Give Marchiano Law a call today.