Zoning Planning & Land Use Law in California
The laws governing how land can and cannot be used in San Carlos, California are fairly difficult, and can be confusing to laypersons. This should provide a basic overview.
Local governments will normally 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 many different purposes - but it its basic 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 substantially.
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 proficient by helping it avoid costly nuisance lawsuits.
Possible Outcomes of Boundary and Title Disputes in San Carlos, California
If a condition on your property violates the local zoning laws of San Carlos, 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 considerable, 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 Carlos, 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. Typically, variances are granted when the violation is extremely 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. Typically, 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.
What Can A San Carlos, California Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's necessary to seek competent legal representation. The counsel of an accomplished San Carlos, 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.