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Land Use, Zoning and Planning Law in Arkansas

The laws governing how land can and cannot be used in Helena, Arkansas 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 a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be constructed next to daycare centers, pig farms should not be constructed 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 don't exist just to protect residential use - it also protects persons who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby avoiding legal disputes.

What if My Property Violates Helena, Arkansas's Zoning Laws?

If something on your property is in violation of a Helena, Arkansas 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.

What if, however, you've invested a substantial amount of time and money into making an improvement on your property, only to find that it violates your local zoning laws in some minor way? In this case, you can apply for a variance. This is typically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Helena, Arkansas's zoning laws, a variance will typically be granted.

Moreover, 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 Helena, Arkansas Attorney Help?

If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient Helena, Arkansas 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.

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