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Land Use, Zoning and Planning Law in Alabama

The laws governing how land can and cannot be used in Pleasant Grove, Alabama are fairly difficult, 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. Normally, 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 a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be created next to daycare centers, pig farms should not be created in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

Zoning laws typically acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.

What if My Property Violates Pleasant Grove, Alabama's Zoning Laws?

You have quite a few options if you find that a planned or current use of your property violates Pleasant Grove, Alabama's zoning regulations.

It should be noticeable that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.

Of course, simply fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Pleasant Grove, Alabama's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

Additionally, 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 Pleasant Grove, Alabama Attorney Help?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A brilliant Pleasant Grove, 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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