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Land Use, Zoning and Planning Law in Alabama

The laws governing how land can and cannot be used in Hokes Bluff, Alabama are fairly confusing, and can be confusing to laypersons. This should provide a basic overview.

"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Typically, 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.

There are many different reasons that cities might engage in zoning - but it is typically designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps preserve property values

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more efficient by helping it avoid costly nuisance lawsuits.

What if My Property Violates Hokes Bluff, Alabama's Zoning Laws?

If something on your property is in violation of a Hokes Bluff, Alabama zoning law, the landowner has various options.

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 huge inconvenience, you should obviously do this.

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

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 Hokes Bluff, Alabama Attorney Help?

If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A knowledgeable Hokes Bluff, Alabama 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.

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