Zoning Planning & Land Use Law in Delaware

The laws governing how land can and cannot be used in Laurel, Delaware 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."

Local governments have several different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are done in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Laurel, Delaware

You have quite a few options if you find that a planned or current use of your property violates Laurel, Delaware's zoning regulations.

First, and perhaps most evidently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a considerable burden, this might be the best way to go.

But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will normally be granted if the violation doesn't harm anyone, and enforcing Laurel, Delaware's zoning laws to the letter would not, in this case, advance their purposes.

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 Laurel, Delaware Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A brilliant Laurel, Delaware 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.