Land Use, Zoning and Planning Lawyers in Cleveland, Ohio
In Cleveland, Ohio, 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.
Municipal governments which practice zoning typically 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 typically be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and build a noisy, smelly, dirty factory on it.
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the many legal disputes that would be inevitable if they were closer to a residential area.
What if My Property Violates Cleveland, Ohio's Zoning Laws?
Zoning laws are often quite extensive and meticulous, and it's very possible that your property in Cleveland, Ohio contains some minor zoning violation that you don't know about. If this happens to you, you have significant legal protections.
The most obvious solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Cleveland, Ohio's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but generally have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.
Further, if you have been living 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 current 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.
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How Can a Cleveland, Ohio Attorney Help?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning dispute will be markedly improved if you hire an experienced Cleveland, Ohio real estate attorney to help.
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Life in Cleveland
Cleveland, or "The Forest City," is the county seat of Cuyahoga County and best known for playing host to the Rock and Roll Hall of Fame. As the State of Ohio's second largest city, Cleveland's economy is highly reliant upon its central position and convenient access to local ports, waterways, and rail lines. The Cuyahoga River, Lake Eerie, as well as the Ohio and Eerie Canals make up the main access routes by ship. Cleveland is a major producer and exporter of steel and other mass produced goods. The recent upturn in the Cleveland technology companies has attracted new major employers like Applied Industrial Technologies, KeyCorp, and the Glenn Research Center.
A few other notable businesses located in Cleveland include Sherwin Williams Company, NASA, and Forest City Enterprises. There are also a number of notable medical facilities like the Cleveland Clinic. The Cleveland Clinic is ranked in the best U.S. hospitals by U.S. News & World Report. The American Public Transportation Association named the Greater Cleveland Regional Transit Authority the best mass transit system in the United States. Guns n' Roses star Steven Addler, Price is Right host Drew Carey, Tracy Chapman, director Wes Craven, rapper Kid Cudi, author Toni Morrison, and gold medalist Jesse Owens are all Cleveland natives. Needless to say, it's a diverse city. One way the diversity has positively manifested is with the local cuisine. Cleveland plays host to some of the most acclaimed restaurants in the world. Chef Michael Symon who was named a Food Network Iron Chef.
