Zoning Planning & Land Use Law in Idaho
The laws controlling how land can and cannot be used in Twin Falls, Idaho are fairly complicated, and can be confusing to laypersons. This should provide a basic overview.
Municipal governments which practice zoning normally follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For instance, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will normally be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
There are numerous 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 maintain property values
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 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 Twin Falls, Idaho
If a condition on your property breaks the local zoning laws of Twin Falls, Idaho, there are a few different solutions.
It should be noticeable that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a huge inconvenience, you should obviously do this.
Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Twin Falls, Idaho'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. Usually, variances are granted when the violation is quite minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.
Moreover, zoning ordinances cannot be applied against you retroactively. For instance, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you reside in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.
What Can A Twin Falls, Idaho Attorney Do?
If you find yourself facing zoning or other land use issues, it's essential to have good legal advice. A reliable Twin Falls, Idaho 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.