Zoning Planning & Land Use Law in Florida

The laws controlling how land can and cannot be used in Destin, Florida 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."

Local governments have numerous different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, 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.

While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the numerous legal disputes that would be inevitable if they were closer to a residential area.

Possible Outcomes of Boundary and Title Disputes in Destin, Florida

If something on your property is in violation of a Destin, Florida zoning law, the landowner has many avenues.

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

Of course, just fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Destin, Florida'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 extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.

You are also protected if your land is currently in complete 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 utilized 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 Destin, Florida 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 Destin, Florida 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.