Land Use, Zoning and Planning Lawyers in Elk Grove, California
The laws governing how land can and cannot be used in Elk Grove, California 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.
Local governments have many different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
Zoning laws don't exist just to protect residential use - it also protects people who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby avoiding legal disputes.
What if My Property Violates Elk Grove, California's Zoning Laws?
Suppose you find that some condition on your land is in violation of Elk Grove, California's zoning laws. In cases like this, you have quite a few options.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very significant, and fixing it wouldn't cost very much, this is probably the best and easiest option.
What if, however, you've invested a significant amount of time and money into making an improvement on your property, only to find that it violates your local zoning laws in some minor way? In this case, you can apply for a variance. This is essentially 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 Elk Grove, California's zoning laws, a variance will usually be granted.
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.
Find a Elk Grove Lawyer that Specializes in Your Area of Need:
How Can a Elk Grove, California Attorney Help?
If you are in the early stages of a major construction or remodeling project on your property, especially if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to encounter one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the assistance of a good Elk Grove, California real estate attorney will greatly improve one's chances.
