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Land Use, Zoning and Planning Law in Alabama
The laws governing how land can and cannot be used in Auburn, Alabama are fairly complex, and can be confusing to laypersons. This should provide a basic overview.
"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Usually, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of common zoning categories are single family residence, commercial, multi-unit housing, or industrial.
There are several different reasons that cities might engage in zoning - but it is usually designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps retain property values
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the several legal disputes that would be inevitable if they were closer to a residential area.
What if My Property Violates Auburn, Alabama's Zoning Laws?
If something on your property is in violation of a Auburn, Alabama zoning law, the landowner has several options.
First, and perhaps most obviously, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a significant burden, this might be the best way to go.
Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Auburn, Alabama's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You are also protected if your land is currently in full compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Generally, these new regulations cannot be used to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.
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How Can a Auburn, Alabama Attorney Help?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning dispute will be markedly improved if you hire an experienced Auburn, Alabama real estate attorney to help.