Zoning Planning & Land Use Law in Florida

The laws governing how land can and cannot be used in West Melbourne, Florida are fairly confusing, and can be confusing to laypersons. This should provide a basic overview.

Localities normally 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."

There are several different reasons that cities might engage in zoning - but it is typically designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps retain property values

Zoning laws usually acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.

Possible Outcomes of Boundary and Title Disputes in West Melbourne, Florida

If something on your property is in violation of a West Melbourne, Florida zoning law, the landowner has various options.

The most noticeable solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.

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

Additionally, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can usually not be enforced against you, because it would be unfair to apply a new law retroactively.

What Can A West Melbourne, Florida Attorney Do?

If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient West Melbourne, 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.