Zoning Planning & Land Use Law in Nebraska

In Norfolk, Nebraska, 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" 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.

There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be built next to daycare centers, pig farms should not be built in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

Zoning laws generally 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 Norfolk, Nebraska

Zoning laws are often quite extensive and meticulous, and it's very possible that your property in Norfolk, Nebraska contains some minor zoning violation that you don't know about. If this happens to you, you have significant legal protections.

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 Norfolk, Nebraska'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.

What Can A Norfolk, Nebraska Attorney Do?

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 Norfolk, Nebraska 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.