Zoning Planning & Land Use Law in California
The laws controlling how land can and cannot be used in Walnut, California are fairly perplexing, 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 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 built next to daycare centers, pig farms should not be built 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 generally 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 Walnut, California
If something on your property is in violation of a Walnut, California zoning law, the landowner has several avenues.
It should be apparent that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a major inconvenience, you should obviously do this.
Of course, just fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Walnut, California's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Also, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can generally not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Walnut, California Attorney Do?
If you are in the process of physically altering your property, you are almost sure to face some issues having to do with local zoning laws. If you find that zoning laws are making it very difficult to use your property as you see fit, you may have legal recourse, usually in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the assistance of a qualified Walnut, California attorney.