Zoning Planning & Land Use Law in California
The laws controlling how land can and cannot be used in San Marcos, California are fairly intricate, 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 specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves many 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 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 useful by helping it prevent costly nuisance lawsuits.
Possible Outcomes of Boundary and Title Disputes in San Marcos, California
If a condition on your property breaks the local zoning laws of San Marcos, California, there are a few different solutions.
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.
However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, 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 Marcos, 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 certain provision of a zoning law to a single violation. These aren't always granted, but typically 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.
Furthermore, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A San Marcos, California Attorney Do?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning disagreement will be markedly improved if you hire an accomplished San Marcos, California real estate attorney to help.