Zoning Planning & Land Use Law in California
The laws controlling how land can and cannot be used in Roseville, California are fairly complicated, and can be confusing to laypersons. This should provide a basic overview.
Local governments will typically 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 various different purposes - but it its major 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 considerably.
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.
Possible Outcomes of Boundary and Title Disputes in Roseville, California
Zoning laws are frequently quite extensive and meticulous, and it's quite possible that your property in Roseville, California contains some minor zoning violation that you don't know about. If this happens to you, you have substantial legal protections.
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.
What if, however, you've invested a substantial amount of time and money into making an improvement on your property, only to find that it breaks your local zoning laws in some minor way? In this case, you can apply for a variance. This is typically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Roseville, California's zoning laws, a variance will typically be granted.
Moreover, 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 Roseville, California Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient Roseville, 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.
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