Zoning Planning & Land Use Law in Iowa

The laws governing how land can and cannot be used in Burlington, Iowa are fairly complex, and can be confusing to laypersons. This should provide a basic overview.

Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."

Local governments have several 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.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are conducted in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Burlington, Iowa

Suppose you find that some condition on your land is in violation of Burlington, Iowa's zoning laws. In cases like this, you have quite a few 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.

Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Burlington, Iowa's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a particular zoning regulation. Generally, variances are granted when the violation is very minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

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.

What Can A Burlington, Iowa Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A good Burlington, Iowa 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.