Zoning Planning & Land Use Law in Illinois
The laws governing how land can and cannot be used in Cary, Illinois are fairly confusing, 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 example, 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 many 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 preserve 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 many legal disputes that would be inevitable if they were closer to a residential area.
Possible Outcomes of Boundary and Title Disputes in Cary, Illinois
If a condition on your property violates the local zoning laws of Cary, Illinois, there are a few different solutions.
The most evident 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.
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 Cary, Illinois'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.
Further, if you have been living 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 current 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 Cary, Illinois Attorney Do?
If you find yourself facing zoning or other land use issues, it's important to have good legal advice. A knowledgeable Cary, Illinois 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.