Zoning Planning & Land Use Law in Hawaii
The laws controlling how land can and cannot be used in Wahiawa, Hawaii 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."
Local governments have numerous different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They just seek to ensure that such activities are conducted 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 Wahiawa, Hawaii
If a condition on your property breaks the local zoning laws of Wahiawa, Hawaii, there are a few different solutions.
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.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Wahiawa, Hawaii's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a certain zoning regulation. Generally, variances are granted when the violation is very minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
Furthermore, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.
What Can A Wahiawa, Hawaii Attorney Do?
If you find yourself facing zoning or other land use issues, it's essential to have good legal advice. A reputable Wahiawa, Hawaii 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.