At Lohf Shaiman Jacobs, we help commercial property owners in Denver and throughout Colorado address the complex zoning and permitting issues that affect their businesses. Zoning laws regulate how land can be used, and they play a major role in determining whether a property can be used for retail, office space, restaurants, industrial purposes, or other commercial activities. Unfortunately, zoning challenges often arise during property development, purchase, or operation. Understanding the most common zoning issues can help commercial property owners prepare for obstacles and protect their investments.
Nonconforming Use of Property
One of the most common zoning issues involves nonconforming use. This occurs when a property was legally used for a certain purpose before zoning laws changed but no longer complies with current regulations. For example, a property that once operated as a warehouse may now be located in an area zoned strictly for residential or retail use.
In Denver, nonconforming uses may be allowed to continue under certain conditions, but restrictions apply. Property owners may face limits on expanding or modifying the property, and if operations stop for a certain period, the right to the nonconforming use may be lost. Our attorneys help property owners evaluate these risks and pursue strategies to preserve their rights or seek rezoning.
Permit Denials
Commercial property owners frequently run into problems when applying for building or use permits. Local zoning authorities may deny permits if proposed uses do not align with zoning codes. This can stall development projects, delay business openings, and lead to significant financial losses.
In these situations, property owners may have the right to appeal the denial or request a variance. A variance allows an exception to the zoning rules if strict compliance would cause undue hardship. Our firm helps clients prepare strong applications and represent their interests before zoning boards and local authorities to improve their chances of success.
Rezoning Challenges
Commercial property owners sometimes need to change the zoning classification of their property to move forward with development plans. Rezoning is a complex process that involves applications, hearings, and public input. Opponents, including neighbors or competing businesses, may argue against rezoning requests, creating conflict that delays or blocks approval.
In Denver, rezoning requires compliance with city plans and often faces close scrutiny from planning commissions and city councils. Our attorneys guide clients through this process by building strong cases that highlight how proposed changes align with community needs and long-term planning goals.
Setback and Height Restrictions
Zoning codes regulate the size and placement of buildings, including setbacks from property lines and height limits. Commercial property owners often encounter disputes when their plans conflict with these requirements. For instance, a business may want to expand a structure closer to a roadway or build higher than permitted by local regulations.
Violating setback or height restrictions can lead to stop-work orders, fines, or demands to modify or remove construction. By addressing these issues early, property owners can avoid costly redesigns and litigation. Our attorneys review project plans, identify potential conflicts, and pursue appropriate variances where necessary.
Parking and Traffic Requirements
Parking and traffic management are major concerns in commercial zoning. Cities like Denver often require businesses to provide a minimum number of parking spaces or demonstrate that their operations will not create traffic congestion. Retail centers, restaurants, and office buildings frequently run into problems meeting these requirements, especially in densely populated areas.
Failure to comply with parking regulations can result in denied permits or restrictions on business operations. Our firm works with property owners to develop creative solutions, such as shared parking agreements or transportation management plans, that satisfy local requirements while supporting business goals.
Environmental and Land Use Restrictions
Environmental considerations also play a role in zoning and permitting. Properties located near protected areas, waterways, or contaminated sites may be subject to additional regulations. Businesses may face restrictions on how they can use the land, requirements for environmental impact studies, or obligations to clean up contamination before development.
These restrictions can create unexpected costs and delays. Our attorneys help property owners understand their obligations and negotiate with regulatory agencies to move projects forward while staying compliant with environmental laws.
How Our Attorneys Can Help With Zoning Issues
Zoning laws are complex, and disputes often arise unexpectedly during property development or operation. At Lohf Shaiman Jacobs, we represent commercial property owners in Denver and across Colorado in zoning and permitting matters. We assist with permit applications, appeals, rezoning requests, and disputes over setbacks, parking, and environmental compliance. Our team knows how to work with local authorities and present strong legal arguments that protect our clients’ investments.
By addressing zoning issues proactively, we help clients avoid costly delays and litigation. Whether you are buying, developing, or managing commercial property, our attorneys can provide the guidance and advocacy you need to keep your projects on track.
Contact Lohf Shaiman Jacobs Today for Help With Commercial Zoning Issues
Zoning problems can quickly derail commercial real estate projects, but with the right legal support, many obstacles can be overcome. At Lohf Shaiman Jacobs, we are committed to helping commercial property owners resolve zoning issues efficiently and effectively. From nonconforming uses and permit denials to rezoning challenges and parking disputes, we are here to protect your rights and keep your business moving forward.
If you are facing zoning challenges in Denver or elsewhere in Colorado, contact us today to speak with our experienced real estate attorneys about how we can help.
