Zoning Planning & Land Use Law in Georgia

The laws governing how land can and cannot be used in Hapeville, Georgia 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

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 performed 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 Hapeville, Georgia

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

First, and perhaps most apparently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a substantial burden, this might be the best way to go.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For example, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Hapeville, Georgia's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a particular provision of a zoning law to a single violation. These aren't always granted, but usually have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

You also have substantial 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 Hapeville, Georgia Attorney Do?

If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A knowledgeable Hapeville, Georgia attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.