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Land Use, Zoning and Planning Law in California
The laws controlling how land can and cannot be used in La Quinta, California are fairly perplexing, 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. Usually, 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 various 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 various legal disputes that would be inevitable if they were closer to a residential area.
What if My Property Violates La Quinta, California's Zoning Laws?
You have quite a few options if you find that a planned or prevailing use of your property breaks La Quinta, California's zoning regulations.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very significant, 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 affordable or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to La Quinta, 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 very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You also have significant protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.
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How Can a La Quinta, California Attorney Help?
If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reputable La Quinta, California 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.