I have paid for but not received my business liscense from my local planning zoning official because of VDOT.?
VDOT is the Virginia Department of Transportation who is requiring that I install a $20,000. entrance to a new business without any information to support their request. This in turn prohibits me from obtaining my business liscense from the county planning/zoning office who will not release it until VDOT says it is ok. I feel like I am being held hostage and need help. I purchased this location and am doing the exact same business that was there before and VDOT did not hold them hostage, what can I do? The county has my money for my business liscense but refuses to release it until VDOT says it is ok. Now what? Help.
Answers:
Not knowing Virginia law my first piece of advice would be for you to get an attorney, given the $20,000 figure involved and your inability to do business until this is resolved, it should be "affordable." A few considerations raise their heads, first there may be a way for you to apply for a variance asking VDOT to waive their requirement. Next, is due process, an agency of the government cannot deprive someone of a property interest without a hearing, since they have provided you with no indication of why the $20,000 is required, they are in fact as you put it "holding you hosatage" and this is the number one reason why you need a lawyer. Last, is the fact that you are continuing the same business as was already done at the same location. A preexisting nonconforming use of property is normally exempt from changes in zoning requirements, i.e. if a pig farm exists at a location and a zoning restriction is put in place affecting pig farms, then the pig farm would be exempt from the restriction (so long as it is not a nuisance). However, there may be a problem because you are continuing a prior use and it might be argued that the previous owner abandoned the use and that it cannot be renewed. Again you need an attorney, contact your local bar association for referral to attorney's who do zoning and real estate law. Good luck.
Dunno what you think anyone here can do. The problem lies with the VDOT. Contact them, in writing, asking them to explain what ordinance or law is being satisfied with this requirement they are demanding of you. Point out that you purchased an existing business of which this requirement was not demanded and ask why it is being done so now. Send it registered. If, after 20 business days they have not responded you'll need to get a lawyer.
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