Zoning Planning & Land Use Law in California
The laws controlling how land can and cannot be used in Visalia, 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."
There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be created next to daycare centers, pig farms should not be created in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.
Zoning laws typically acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be done in residential areas.
Possible Outcomes of Boundary and Title Disputes in Visalia, California
If something on your property is in violation of a Visalia, California zoning law, the landowner has many avenues.
It should be obvious that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Visalia, 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 certain 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.
Additionally, 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 Visalia, 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 Visalia, 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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