Zoning Planning & Land Use Law in California
The laws governing how land can and cannot be used in Hawaiian Gardens, California 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.
Local governments have many different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, 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 many legal disputes that would be inevitable if they were closer to a residential area.
Possible Outcomes of Boundary and Title Disputes in Hawaiian Gardens, California
If something on your property is in violation of a Hawaiian Gardens, California zoning law, the landowner has many options.
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 Hawaiian Gardens, California'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.
What Can A Hawaiian Gardens, California Attorney Do?
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 Hawaiian Gardens, California 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.