Rapid City Zoning Attorney

Find the right Zoning Planning & Land Use attorney in Rapid City, SD

Zoning Planning & Land Use Law in South Dakota

Rapid City, South Dakota has laws which govern how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most common issues that homeowners might face, though it is not meant to turn a layperson into an expert.

"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.

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.

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.

Possible Outcomes of Boundary and Title Disputes in Rapid City, South Dakota

You have quite a few options if you find that a planned or current use of your property violates Rapid City, South Dakota's zoning regulations.

First, and perhaps most obviously, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a significant burden, this might be 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 Rapid City, South Dakota'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.

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 Rapid City, South Dakota 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 Rapid City, South Dakota 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.

Talk to a Real Estate Law Attorney now!

Life in Rapid City

Rapid City is located in South Dakota. In fact, it is the second largest city in the state. Just as it has an exciting name, the city also has many attractions for visitors to see! These attractions include Bear Country, the Journey Museum, the Dahl Arts Center, Mt. Rushmore Black Hills Gold Factory Tours, Reptile Gardens, Watiki Indoor Waterpark, Mammoth Site and the Devils Tower National Monument.

Rapid City is amongst the Black Hills. Interestingly, it is home to the longest caves in the world. It also has one of the lowest unemployment rates in the U.S.!

With so much going on in one place, it is natural that the legal force would also have a presence. To support local businesses and residents, Rapid City is home to many experienced attorneys. These attorneys are able to advise clients in all areas of laws and are easily able to handle legal matters.

Overall, Rapid City is a must-see place to visit.

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