Reid Burman Lebedeker, Lawyers
A Boutique Civil and Commercial Litigation Law Firm
Call 561-659-7700
Menu / Navigate

Can a business be a nuisance if it is properly zoned?

Zoning is the area of local law that establishes where certain types of businesses may be built and operated. For example, Floridians may visit commercially zoned areas of town when they wish to shop at the grocery store or fill their vehicles up with gas. When they leave, they may drive back to the residential zones where their homes are located.

Communities use zoning to keep similarly-operated buildings close to each other and to prevent nuisances from bothering others that operate with different schedules and needs. For example, if an all-night dance club opened in the middle of a quiet suburban neighborhood the individuals who lived in the area may find the noise and traffic brought to their streets to be disruptive and dangerous.

However, readers may be aware that many mixed-zoning areas exist that bring homes, stores and even agricultural sites together into the same zoning plots. It may be confusing, then, for a person to recognize if a business-neighbor is creating a nuisance in their residential-commercial zone by operating an open late restaurant that uses bright lights well past midnight.

It is important for individual nuisance cases to be assessed on their own facts. While many nuisances arise from entities that operate in the wrong zones, properly zones businesses and residential property owners may also create nuisances for those who live and work around them. An individual with a nuisance grievance against their neighbor may, if successful in their legal pursuit, be able to obtain an injunction against the offender to bring their disruptive practice to their end. Further information on this complex topic should be sought out from legal professionals who provide real estate support.

No Comments

Leave a comment
Comment Information


Reid Burman Lebedeker
Esperante Building, Suite 1160
222 Lakeview Avenue
West Palm Beach, FL 33401

Toll Free: 800-205-9655
Phone: 561-659-7700
Fax: 561-659-6377
West Palm Beach Law Office Map

Schedule A Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to Top