Land Use, Zoning and Planning Lawyers in Fort Myers, Florida
The laws governing how land can and cannot be used in Fort Myers, Florida are fairly complex, and can be confusing to laypersons. This should provide a basic overview.
Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
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.
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 many legal disputes that would be inevitable if they were closer to a residential area.
What if My Property Violates Fort Myers, Florida's Zoning Laws?
You have quite a few options if you find that a planned or current use of your property violates Fort Myers, Florida's zoning regulations.
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.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will usually be granted if the violation doesn't harm anyone, and enforcing Fort Myers, Florida's zoning laws to the letter would not, in this case, advance their purposes.
Furthermore, zoning ordinances cannot be applied against you retroactively. For example, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you live in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.
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How Can a Fort Myers, Florida Attorney Help?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A good Fort Myers, Florida attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.
There are 476 Real Estate, Housing & Property Law cases posted in Fort Myers
Cases Posted to LegalMatch listed by ZIP Code:Zoning Planning & Land Use Attorneys in the Largest FL Cities
Life in Fort Myers
Fort Myers is one of the two cities that makes up the Cape Coral-Fort Myers Metropolitan Area in Florida. Fort Myers is home to about 618,754 people. It is known for being a "gateway" into Southwest Florida, an area comprised of the cities tourists mostly visit.Some popular attractions in Fort Myers includes the Art of the Olympians, Edison and Ford Winter Estates, Murphy-Burroughs House, Edison Mall, and the Calusa Nature Center and Planetarium. Fort Myers is also home to the training facility for the Red Sox!
Fort Myers is filled with many small law offices and firms specializing in all areas of law, and ready to serve the community. The legal force in Fort Myers is quiet capable of handling the legal needs of residents.
All in all, Fort Myers is a quaint city in Florida. It may not have the stretch of beaches that Florida is known for, but it definitely is a city with some small town charm!
