Land Use, Zoning and Planning Lawyers in Watertown, South Dakota
Watertown, 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.
Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
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.
On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are conducted in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.
What if My Property Violates Watertown, South Dakota's Zoning Laws?
You have quite a few options if you find that a planned or current use of your property violates Watertown, South Dakota's zoning regulations.
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.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will usually be granted if the violation doesn't harm anyone, and enforcing Watertown, South Dakota's zoning laws to the letter would not, in this case, advance their purposes.
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 Watertown, South Dakota Attorney Help?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A good Watertown, South Dakota 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.
