Zoning Planning & Land Use Law in Georgia

The laws controlling how land can and cannot be used in Clarkston, Georgia are fairly perplexing, and can be confusing to laypersons. This should provide a basic overview.

Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For instance, 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 various different reasons that cities might engage in zoning - but it is usually 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 uphold property values

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 Clarkston, Georgia

Zoning laws are often quite extensive and meticulous, and it's very possible that your property in Clarkston, Georgia contains some minor zoning violation that you don't know about. If this happens to you, you have significant legal protections.

It should be discernible 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.

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 usually be granted if the violation doesn't harm anyone, and enforcing Clarkston, Georgia's zoning laws to the letter would not, in this case, advance their purposes.

You also have significant protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Clarkston, Georgia Attorney Do?

If you are in the early stages of a major construction or remodeling project on your property, particularly if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to encounter one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the assistance of a reputable Clarkston, Georgia real estate attorney will greatly improve one's chances.