Placer County Land Use, Zoning and Planning Lawyers
Land Use, Zoning and Planning Law in California
The laws controlling how land can and cannot be used in Placer County, California are fairly intricate, and can be confusing to laypersons. This should provide a basic overview.
Local governments will normally divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves many different purposes - but it its general one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could just convert his property into a steel mill, your property's value as a residential lot would decrease substantially.
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 various legal disputes that would be inevitable if they were closer to a residential area.
What if My Property Violates Placer County, California's Zoning Laws?
You have quite a few options if you find that a planned or prevailing use of your property breaks Placer County, California's zoning regulations.
It should be clear, however, that the ideal solution is to just fix any condition on your property which is in violation of a local zoning law. If the violation is not significant, and correcting it won't substantially interfere with your use of your property, this is likely the ideal course of action.
What if, however, you've invested a considerable amount of time and money into making an improvement on your property, only to find that it breaks your local zoning laws in some minor way? In this case, you can apply for a variance. This is basically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Placer County, California's zoning laws, a variance will normally be granted.
Moreover, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.
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How Can a Placer County, California Attorney Help?
If you are in the process of physically altering your property, you are almost sure to face some contentions having to do with local zoning laws. If you find that zoning laws are making it very hard to use your property as you see fit, you may have legal recourse, normally in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the assistance of a qualified Placer County, California attorney.