Zoning Planning & Land Use Law in Illinois
The laws governing how land can and cannot be used in Carbondale, Illinois are fairly complex, and can be confusing to laypersons. This should provide a basic overview.
Municipal governments which practice zoning typically follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For example, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will typically be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
There are several 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 retain property values
While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the several legal disputes that would be inevitable if they were closer to a residential area.
Possible Outcomes of Boundary and Title Disputes in Carbondale, Illinois
If a condition on your property violates the local zoning laws of Carbondale, Illinois, there are a few different solutions.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very significant, and fixing it wouldn't cost very much, this is probably the best and easiest option.
Of course, simply fixing a zoning violation isn't always affordable or easy, and may interfere with your planned use of your property. For example, you might have just undertaken a significant remodeling of your home, and later found out that some small part of it technically doesn't conform to Carbondale, Illinois'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 very minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
You are also protected if your land is currently in full compliance with local zoning regulations, but the area where your land sits is re-zoned, and your property is suddenly not in compliance with the new zoning regulations. Generally, these new regulations cannot be used to force you to change existing conditions on your property. No laws can be applied retroactively, under the U.S. Constitution. Of course, if you make any improvements on your land after the law changes, you'll have to comply with the new law.
What Can A Carbondale, Illinois Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's essential to seek competent legal representation. The counsel of an experienced Carbondale, Illinois real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.