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Land Use, Zoning and Planning Law in California
The laws governing how land can and cannot be used in San Francisco, California are fairly complex, 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 particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves several 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 significantly.
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.
What if My Property Violates San Francisco, California's Zoning Laws?
If a condition on your property violates the local zoning laws of San Francisco, 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 significant, and fixing it wouldn't cost very much, this is probably the best and easiest option.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of San Francisco, California's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but generally have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.
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 San Francisco, California Attorney Help?
If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A good San Francisco, 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.
Zoning Planning & Land Use Attorneys in the Largest CA Cities
Life in San FranciscoSan Francisco is one of the most exciting cities in California. Known for its diverse population, liberal atmosphere, and gorgeous location, San Francisco is a small area that has a lot to check out!
One of the most famous attractions is the beautiful Golden Gate Bridge. Gorgeous views of this attraction can be seen from the Lands End hike. Of course, nothing beats actually driving on the bridge and experiencing its beauty.
Other popular attractions include the San Francisco Museum of Art, Chinatown, Ghiradelli Square, Fisherman's Wharf at Pier 39, Golden Gate Park, the Metreon, Union Square, and the beautiful Embarcadero.
Really a few paragraphs cannot encompass the diverse, fun, and exciting vibe of this hip metropolitan city. San Francisco's downtown is known at the "Financial District," which has offices of many high-tech start-ups, Fortune 500 companies, as well as law firms! Everyone from small, to mid-size, to large multi-national firms have an office location in San Francisco. What is great is that Northern California residents can shop around and choose the attorney and/or firm that will suit their needs best. Simply put, San Francisco has it all.