Zoning Laws

[Gareth]

What is the name of your state? California

I'm trying to start a business in my city. And before I tell anyone the type of business, is it accurate to say that if there is no zoning set up for a certain type of business, that business is not allowed in that city? There are no laws against it, just, no zoning for it.


The business I am trying to establish is a Tattoo Parlor. The county in which i live allows them in commercial zones. The city i live in has no zoning for a tattoo parlor, because no one has ever tried. City hall told me that if its not on the zoning map, its not allowed. Is this right? Or am I being screwed with? Ive heard that if there's nothing that says its NOT LEGAL, then its assumed legal in the eyes of the zoning law. Please, any help will be most appreciated. I cant seem to get a straight answer here.
Thanks again.
Gareth

 

[seniorjudge]

Q: I'm trying to start a business in my city. And before I tell anyone the type of business, is it accurate to say that if there is no zoning set up for a certain type of business, that business is not allowed in that city?

A: No, that is not accurate.



Q: City hall told me that if its not on the zoning map, its not allowed. Is this right?

A: Ask them to cite the law; then post the law in full here.

 

[Gareth]

Wow, thanks for the speedy reply.
When I asked for proof in writing they couldn't produce it. They just said it was illegal if it wasn't listed in the zoning map. I've tried numerous times and they tell me the same thing, without showing proof. Would it be unwise to try and open a shop anyway? What legal grounds would I be in if the city chose to make a stink about it?

 

[seniorjudge]

If you open a shop without a license, then you will be in criminal court, trying to keep out of jail.

 

[racer72]

You go talk to a local land use attorney, tell him you need a "zoning variance", he files the appriate paperwork and generally within a month or two, it is granted. Most places allow variances, especially if it will help improve the local tax base.

 

[Gareth]

Getting the license for the shop is not a problem. The City Business license department doesn't care that i want to open a tattoo parlor and they will issue me one as long as i pay for it. If i get the license from the city to operate a tattoo parlor, THEN what legal grounds will i be on if the city decides they don't approve of the shop, even though there is no zoning? I assume i will have the upper hand, but the law is funny like that sometimes.

How much will a local land use attorney charge me for doing the paperwork for a "Zoning Variance"?