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Land Use, Zoning and Planning Law in California
The laws governing how land can and cannot be used in San Bruno, California are fairly confusing, 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 particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves various different purposes - but it its main 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 simply convert his property into a steel mill, your property's value as a residential lot would decrease considerably.
Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more efficient by helping it avoid costly nuisance lawsuits.
What if My Property Violates San Bruno, California's Zoning Laws?
If a condition on your property violates the local zoning laws of San Bruno, California, there are a few different solutions.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very substantial, and fixing it wouldn't cost very much, this is probably the best and easiest option.
Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of San Bruno, 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. Usually, variances are granted when the violation is quite minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
You are also protected if your land is currently in full compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Usually, these new regulations cannot be used to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.
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How Can a San Bruno, California Attorney Help?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A knowledgeable San Bruno, 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.