Zoning Planning & Land Use Law in Florida
The laws governing how land can and cannot be used in Neptune Beach, Florida are fairly difficult, and can be confusing to laypersons. This should provide a basic overview.
Localities usually divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
Zoning serves many different purposes - but it its basic 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 simply convert his property into a steel mill, your property's value as a residential lot would decrease substantially.
Zoning laws don't exist just to protect residential use - it also protects individuals who engage in other types of use of land, by making sure that they are able to do their business, without bothering neighboring landowners, and thereby avoiding legal disputes.
Possible Outcomes of Boundary and Title Disputes in Neptune Beach, Florida
Suppose you find that some condition on your land is in violation of Neptune Beach, Florida's zoning laws. In cases like this, you have quite a few options.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very considerable, and fixing it wouldn't cost very much, this is probably the best and easiest option.
What if, however, you've invested a considerable amount of time and money into making an improvement on your property, only to find that it violates your local zoning laws in some minor way? In this case, you can apply for a variance. This is basically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Neptune Beach, Florida's zoning laws, a variance will normally be granted.
Additionally, zoning ordinances cannot be applied against you retroactively. For example, 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 live 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 Neptune Beach, 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 Neptune Beach, 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.