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Land Use, Zoning and Planning Law in Arkansas

The laws governing how land can and cannot be used in Pulaski County, Arkansas 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 don't exist just to protect residential use - it also protects individuals 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 Pulaski County, Arkansas's Zoning Laws?

If something on your property is in violation of a Pulaski County, Arkansas zoning law, the landowner has many options.

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 substantially interfere with your use of your property, this is probably the best course of action.

Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Pulaski County, Arkansas'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. Typically, variances are granted when the violation is extremely minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

Furthermore, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.

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How Can a Pulaski County, Arkansas Attorney Help?

If you suddenly become involved in a zoning dispute with your local government, it's necessary to seek competent legal representation. The counsel of an accomplished Pulaski County, 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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