Land Use, Zoning and Planning Lawyers in Morganton, North Carolina
In Morganton, North Carolina, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.
"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Generally, localities are divided up into "zones," which are designated for certain categories of use, such as single-family residence, business, manufacturing, etc.
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 Morganton, North Carolina's Zoning Laws?
If something on your property is in violation of a Morganton, North Carolina zoning law, the landowner has several options.
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 major inconvenience, you should obviously do this.
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 Morganton, North Carolina's zoning laws, a variance will usually be granted.
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 Morganton, North Carolina Attorney Help?
If you suddenly become involved in a zoning dispute with your local government, it's essential to seek competent legal representation. The counsel of an experienced Morganton, North Carolina real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.
