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Land Use, Zoning and Planning Law in California
The laws controlling how land can and cannot be used in Fullerton, California are fairly complicated, 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 typical zoning categories are single family residence, commercial, multi-unit housing, or industrial.
Local governments have numerous different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the numerous legal disputes that would be inevitable if they were closer to a residential area.
What if My Property Violates Fullerton, California's Zoning Laws?
If a condition on your property breaks the local zoning laws of Fullerton, California, there are a few different solutions.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very substantial, and fixing it wouldn't cost very much, this is likely the best and simplest option.
Of course, just fixing a zoning violation isn't always inexpensive or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a substantial remodeling of your home, and later found out that some small part of it technically doesn't conform to Fullerton, California'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 quite minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Additionally, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can usually not be enforced against you, because it would be unfair to apply a new law retroactively.
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How Can a Fullerton, California Attorney Help?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning conflict will be markedly improved if you hire an efficient Fullerton, California real estate attorney to help.
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Life in FullertonFullerton is located in the northern parts of Orange County, California. The city is named after George H. Fullerton, who originally secured the plot of land where the city is now situated. Fullerton, California is home to several employers and educational institutions such as California State University, Fullerton (CSUF).
Downtown Fullerton is a veritable cornucopia of entertainment with its mix of cantina-style eateries, local pubs, and jazz bars. The city of Fullerton, California is associated with the alternative rock music scene, as it is considered a cultural hub for that particular genre of music. Gwen Stefani, lead singer of the music group "No Doubt", attended CSUF, and the band has performed many shows in Fullerton.
Adding to the culture's rich cultural make-up is its equally impressive role in the history of music. Leo Fender, founder of Fender Musical Instrument Company, was born and raised in the city. He started his company in Fullerton, and the Fender factory produced some of the world's most innovative electric guitars.
Fullerton thus became known as a trend-setter in the music and entertainment scene. With its bustling night life and close proximity to Los Angeles, Fullerton is a major contributor to the economic and cultural vitality of California.
Lawyers in Fullerton, California contribute to the city's progress by providing a number of valuable legal services for residents. Fullerton lawyers typically process legal claims at the Superior Court of California, Orange County.