OH Specific

Real Estate

Ohio Land Use and Zoning From Start to Finish

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Ohio CLE Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
OnDemand
5 hours 54 minutes
Stephen Funk
Kevin Butler
Brendan Heil
Robert Zimmerman
With Stephen W. Funk from Roetzel & Andress + 3 others
Recorded August 13, 2025.
Product ID 100519

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Overview

A Practical Guide to Land Use and Zoning Approvals and Issues

Zoning and land use cases are diverse and numerous, and often completely unique to specific circumstances. This comprehensive online seminar will give you working knowledge of the regulatory framework and practical tips for approval processes. Speed up the progress and reach successful resolution to any issue that arises. Don't miss this chance to take your land use and zoning knowledge to the next level - register today!

  • Hear how the latest local zoning and land use decisions are re-shaping the practice and learn what you need to do to adapt.
  • Confidently determine which authority is the decision-maker on each unique matter.
  • Explore constitutional limitations on government zoning actions.
  • Walk through the approval processes and get practical tips from experienced practitioners on ensuring compliance and speeding up the process.
  • Master the essential steps of obtaining and retaining conditional use permits.
  • Learn how to amend zoning ordinances and maps.
  • Follow the zoning appeals process step-by-step and get specific advice for top zoning issues.
  • Guard your professional reputation with a legal ethics guide tailored to your practice.
  • Learn how short-term rentals are challenging long-standing zoning regulations and practices.

Abbreviated Agenda

  1. Land Use and Zoning Fundamentals, Case Law, and Legal Update
  2. Navigating the Land Use Approval Process
  3. Challenging/Defending the Constitutionality of Zoning and Land Use Actions
  4. Variances and Conditional Use Permits: Proving/Disproving Unique Conditions
  5. Appealing Zoning Decisions: Local, Regional, and State Considerations
  6. Zoning Ordinance and Map Amendments: Proving Necessary Criteria
  7. Short-Term Rentals: Navigating Uncharted Waters of Airbnb and Vrbo Zoning and Land Use Issues
  8. Ethics in Zoning and Land Use Law
Product ID 100519

Credit Details

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Ohio CLE Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in
  1. Land Use and Zoning Fundamentals, Case Law, and Legal Update

    1. Land Use vs. Zoning
    2. How the Approval Process Works: A Brief Overview
    3. The Scope of Zoning Board Authority
    4. Vested Rights, Estoppel, and Moratoria
    5. Regulatory Framework: State Building Code, Comprehensive Plans, Local Ordinances, and More
    6. Current Case Law and Legislative Updates
  2. Navigating the Land Use Approval Process

    1. Determining Where the Decision Authority Lies
    2. Aligning with Comprehensive Plans, Subdivision Regulations, etc.
    3. The Application: Complete Checklist of Information to Include
    4. The Permitting Process Walkthrough
    5. Following the Environmental Review Process
    6. Open Meeting Laws and Practical Tips
  3. Challenging/Defending the Constitutionality of Zoning and Land Use Actions

    1. Takings Without Just Compensation
    2. Due Process Challenges
    3. Equal Protection Challenges
    4. Property Rights and Limitations on Police Power
  4. Variances and Conditional Use Permits: Proving/Disproving Unique Conditions

    1. Complying with Requirements: Use vs. Area Variances
    2. Unique Circumstances or Conditions: Providing Supporting Evidence
    3. Disproving Detriments to Neighbors, the Public, etc.
    4. Navigating Conditional Use Review Process
    5. Proving/Disproving Conditions are Unreasonable
    6. Preventing and Addressing Conditional Use Violations
  5. Appealing Zoning Decisions: Local, Regional, and State Considerations

    1. The Appeals Process Step-by-Step
    2. Obtaining Judicial Review of a Local Decision
    3. Using Litigation to Resolve a Zoning Case
    4. Specific Tips for Resolving Top Zoning Issues
  6. Zoning Ordinance and Map Amendments: Proving Necessary Criteria

    1. Compatibility with Surrounding Property Use
    2. Ensuring Adequate Public Services
    3. Comprehensive Plan Compatibility
    4. Proving Other Criteria
  7. Short-Term Rentals: Navigating Uncharted Waters of Airbnb and Vrbo Zoning and Land Use Issues

    1. When are Short-Term Rentals Commercial Properties?
    2. Short-Term Rental Ordinances: What Works, What Doesn't, and What Leads to Lawsuits
    3. Enforcing Short-Term Rental Laws and Violations: Top Issues and Challenges
    4. Challenging Local Short-Term Rental Laws: Key Lessons From the Front Lines
    5. Apartments and Short-Term Rentals: Critical Landlord and Tenant Concerns
    6. The Short-Term Rental Industry: Current Issues and Legal Updates
  8. Ethics in Zoning and Land Use Law

    1. Ethical Issues Unique to the Planning and Zoning Arena
    2. Adhering to the Rules of Professional Conduct and Avoiding Legal Malpractice
    3. Identifying and Preventing Conflicts of Interest
    4. Ex Parte Contacts with Decision Makers

Who Should Attend

This basic-to-intermediate level online seminar is designed for:

  • Attorneys
  • Local Zoning and Land Use Professionals
  • Developers and Contractors
  • City Planners
  • Civil Engineers
  • Architects
  • Real Estate Brokers/Agents
  • Paralegals

Speakers

Stephen W Funk
Stephen W.
Funk
Roetzel & Andress
Kevin M Butler
Kevin M.
Butler
McDonald Hopkins LLC
Brendan Heil
Brendan
Heil
Bricker Graydon LLP
Robert A Zimmerman
Robert A.
Zimmerman
Benesch, Friedlander, Coplan & Aronoff LLP
Speaker bio
Stephen W Funk

Stephen W. Funk

Roetzel & Andress
Stephen Funk

is a shareholder with the law firm of Roetzel & Andress, where he practices in business and public law litigation, appellate law, constitutional law, municipal law, and land use and zoning law. He has over 33 years of litigation experience, with the last 27 years working in Roetzel. Mr. Funk is a member of the Akron, Ohio State and Federal bar associations; and a member of the advisory group for the U.S. District Court for the Northern District of Ohio. He earned his B.A. degree, summa cum laude, from Miami University and his J.D. degree, cum laude, from Harvard Law School.

 

Speaker bio
Kevin M Butler

Kevin M. Butler

McDonald Hopkins LLC
Kevin Butler

is of counsel at McDonald Hopkins LLC. He has served as law director to the cities of Lakewood and Brooklyn, Ohio, and is able to leverage his experience as general counsel to those municipalities in his representation of other public entities and private clients seeking to do business with or before governments. In his practice Mr. Butler has focused on counseling government clients, businesses and individuals on zoning matters, government regulation, labor and employment law, public-official ethics and conflicts of interest, public records and open meetings, economic development and financing, real estate and land use issues, election matters, and business succession and estate planning. He practices in all Ohio courts, the U.S. District Court for the Northern District of Ohio, and the U.S. Court of Appeals for the Sixth Circuit. Mr. Butler has appeared numerous times before and has represented public boards and commissions including zoning and planning boards, civil service commissions, boards of election, boards of building appeals and others. He has served as an attorney with a respected firm focusing heavily on real estate, commercial and construction matters. At the outset of his career Mr. Butler was a staff attorney in the Cuyahoga County Court of Common Pleas, advising the court on hundreds of unique lawsuits. A graduate of Cleveland State University College of Law, Miami University and St. Edward High School, he has lectured at several continuing education seminars, including courses on zoning applications and appeals, residential construction cases, mediation techniques and lawyer ethics. Mr. Butler earned his his B.A degree from Miami University and his his J.D degree from Cleveland State University College of Law.

Speaker bio
Brendan Heil

Brendan Heil

Bricker Graydon LLP
Brendan Heil

is of counsel at Bricker Graydon LLP. He has extensive experience handling a variety of municipal law issues, including counseling cities and private entities on economic development transactions, public finance, legislation, eminent domain, annexation, land use, and zoning. Mr. Heil is also well-versed in handling litigation matters for public and private clients in federal and state courts, including land use and zoning disputes, complex commercial class actions, and multi-district litigation. In his previous position as the law director for the city of Sandusky, he was the chief legal officer for the city overseeing all civil litigation, legal transactions, legislation, and advising city officials on a wide variety of municipal law issues. As law director, Mr. Heil was the lead attorney managing economic development projects that involved public financing, incentives, and tax abatement, resulting in hundreds of millions of dollars in economic impact for the city. He earned his B.A. degree, cum laude, from Ohio University; his M.P.A. degree from Cleveland State University; and his J.D. degree, magna cum laude, from Cleveland State University - College of Law.

Speaker bio
Robert A Zimmerman

Robert A. Zimmerman

Benesch, Friedlander, Coplan & Aronoff LLP
Robert Zimmerman

is a partner in the law firm of Benesch, Friedlander, Coplan & Aronoff LLP, and chair of the firm's government relations practice group. As a civil trial and appellate lawyer, he has litigated a wide variety of cases in Ohio and around the country. In the area of land use and zoning law, Mr. Zimmerman has handled numerous matters throughout administrative and legislative consideration and court action. He serves as national zoning counsel to a large company. In the area of eminent domain, he represents both property owners and governmental entities. Mr. Zimmerman served on the Shaker Heights City Council from 2006-2021. He served eight years as council's representative on the Planning Commission and Board of Zoning Appeals. Mr. Zimmerman earned his B.A. degree, cum laude, from The Ohio State University and his J.D. degree from The Ohio State University Moritz College of Law, where he currently serves as co-chairperson of the national council.

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