Land Use, Zoning and Planning Lawyers in Knoxville, Tennessee
Knoxville, Tennessee 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.
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 Knoxville, Tennessee's Zoning Laws?
You have quite a few options if you find that a planned or current use of your property violates Knoxville, Tennessee's zoning regulations.
It should be clear, however, that the ideal solution is to simply fix any condition on your property which is in violation of a local zoning law. If the violation is not serious, and correcting it won't significantly interfere with your use of your property, this is probably the best course of action.
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 Knoxville, Tennessee'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 Knoxville, Tennessee Attorney Help?
If you are in the early stages of a major construction or remodeling project on your property, especially if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to encounter one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the assistance of a good Knoxville, Tennessee real estate attorney will greatly improve one's chances.
There are 274 Real Estate, Housing & Property Law cases posted in Knoxville
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Life in Knoxville
Knoxville is the seat of Knox County and 3rd largest municipality in the State of Tennessee. That means a number of courts like Knox County and Tennessee State Courts are located in Knoxville. Likewise, Knoxville is home to some of Tennessee's most outstanding lawyers. Knoxville lawyers are familiar with local and Federal cases like bankruptcy, divorce, immigration, and personal injury lawsuits.
Aside from the legal business, Knoxville is home to some nationally known institutions that help attract people to the city. The University of Tennessee, the Department of Energy facility Oak Ridge National Labrotory, the National Transportation Research Center, the Tennessee Valley Authority, and a number of business' headquarters. Producers of Bonnaroo Music Festival AC Entertainment, the Pilot Corporation, Sea Ray, Brunswick Boat Group, and Scripps Networks Interactive (HGTV) are all headquartered in Knoxville. That could be why Forbes Magazine named Knoxville among the "top 10 metropolitan hotspots" and "top 5 business and career" cities in the United States.
Knoxville events and attractions encourage a number of tourists to visit each year. Blender magazine named Knoxville the 20 most rock and roll cities in America. It plays host to the 17 day long Dogwood Arts Festival, Kuumba Festival, and Boomsday, the largest Labor Day fireworks display in the United States.
