Zoning Planning & Land Use Law in Idaho

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

Municipal governments which practice zoning normally follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For example, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will normally be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.

There are many different reasons that cities might engage in zoning - but it is typically 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 preserve property values

Zoning laws usually acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.

Possible Outcomes of Boundary and Title Disputes in Rexburg, Idaho

Zoning laws are frequently quite extensive and meticulous, and it's quite possible that your property in Rexburg, Idaho contains some minor zoning violation that you don't know about. If this happens to you, you have substantial legal protections.

It should be obvious that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a huge inconvenience, you should obviously do this.

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 typically be granted if the violation doesn't harm anyone, and enforcing Rexburg, Idaho's zoning laws to the letter would not, in this case, advance their purposes.

Moreover, 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 Rexburg, Idaho Attorney Do?

If you are in the process of physically altering your property, you are almost certain to face some concerns having to do with local zoning laws. If you find that zoning laws are making it very challenging to use your property as you see fit, you may have legal recourse, typically in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the help of a qualified Rexburg, Idaho attorney.