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Land Use, Zoning and Planning Law in Arizona

The laws governing how land can and cannot be used in Benson, Arizona 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 Benson, Arizona's Zoning Laws?

Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Benson, Arizona contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.

First, and perhaps most evidently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a considerable burden, this might be the best way to go.

Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Benson, Arizona'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.

Additionally, 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 Benson, Arizona Attorney Help?

If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A brilliant Benson, Arizona 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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