Zoning Planning & Land Use Law in Georgia
The laws governing how land can and cannot be used in Columbus, Georgia 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."
There are several different reasons that cities might engage in zoning - but it is normally 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
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 Columbus, Georgia
If a condition on your property violates the local zoning laws of Columbus, Georgia, there are a few different solutions.
The most obvious 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 modest or easy, and may interfere with your planned use of your property. For example, 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 Columbus, Georgia'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.
Furthermore, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Columbus, Georgia Attorney Do?
If you want to make improvements to your property, apply for a variance, or contest a zoning regulation as being applied to you retroactively, you have a right to do so, including some constitutional protections. However, your chances of prevailing in a zoning disagreement will be markedly improved if you hire an accomplished Columbus, Georgia real estate attorney to help.