Zoning Planning & Land Use Law in Ohio

In Mason, Ohio, there are laws which determine what can and can't be done on certain parcels of land. These laws get pretty involved sometimes, and aren't always extremely accessible to laypersons. This article should serve as a good overview of these laws.

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

Zoning serves many different purposes - but it its general one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could just convert his property into a steel mill, your property's value as a residential lot would decrease substantially.

Zoning laws don't exist just to protect residential use - it also protects individuals 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 preventing legal disputes.

Possible Outcomes of Boundary and Title Disputes in Mason, Ohio

Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Mason, Ohio contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.

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

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

Moreover, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Mason, Ohio Attorney Do?

If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A seasoned Mason, Ohio 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.