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Land Use, Zoning and Planning Law in California
The laws controlling how land can and cannot be used in Huntington Beach, California are fairly intricate, 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 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 Huntington Beach, California's Zoning Laws?
If something on your property is in violation of a Huntington Beach, California zoning law, the landowner has many avenues.
The most discernible solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be extremely costly, this is likely the ideal way to go.
Of course, just fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Huntington Beach, 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 extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Furthermore, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.
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How Can a Huntington Beach, California Attorney Help?
If you are in the process of physically altering your property, you are almost sure to face some contentions having to do with local zoning laws. If you find that zoning laws are making it very hard to use your property as you see fit, you may have legal recourse, normally in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the assistance of a qualified Huntington Beach, California attorney.
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Life in Huntington Beach
Sun, check. Surf, check. Shopping, check. Huntington Beach, California is the quintessential southern California beach town. Known for its 8.5 miles of sandy beaches, Huntington Beach is appropriately nicknamed "Surf City."
With a population just under 200,000 residents, Huntington Beach is both a popular place to live and a popular place to visit. Because of its laid-back beach lifestyle, it is also a popular place for many companies such as Quicksilver, Boeing, and Verizon. There are also many lawyers in Huntington Beach ready to serve the legal needs of their clients. Huntington Beach lawyers are some of the best at what they do. And no, Huntington Beach lawyers do not wear wetsuits to work.
Huntington Beach tourism is almost exclusively devoted to its beachy atmosphere, hosting events such as the U.S. Surfing Open, AVP tournaments, and triathalons. Huntington Beach also has many artistic events to offer visitors. The Bolsa Chica Wetlands, an ecological reserve known for its trails and scenic stops is also a hallmark of Huntington Beach.
So whether it is great weather, great lawyers, or a great wave, Huntington Beach has it all and more.