Zoning Planning & Land Use Law in California
The laws controlling how land can and cannot be used in Parlier, California are fairly perplexing, and can be confusing to laypersons. This should provide a basic overview.
Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves several different purposes - but it its general one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could just convert his property into a steel mill, your property's value as a residential lot would decrease significantly.
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.
Possible Outcomes of Boundary and Title Disputes in Parlier, California
You have quite a few options if you find that a planned or prevailing use of your property breaks Parlier, California's zoning regulations.
Initially, and perhaps most obviously, you can correct the violation. If the violation is comparatively minor, and correcting it would not cost you much or be a significant burden, this might be the best way to go.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will usually be granted if the violation doesn't harm anyone, and enforcing Parlier, California's zoning laws to the letter would not, in this case, advance their purposes.
Furthermore, zoning ordinances cannot be applied against you retroactively. For instance, 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 reside 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 Parlier, California Attorney Do?
If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reputable Parlier, 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.