Zoning Planning & Land Use Law in Illinois
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in South Elgin, Illinois can sometimes be a bit difficult. This article will not make its reader an expert, but should serve as a good introduction to the subject.
"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Typically, localities are divided up into "zones," which are designated for particular categories of use, such as single-family residence, business, manufacturing, etc.
There are various different reasons that cities might engage in zoning - but it is normally 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 uphold 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 done 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 South Elgin, Illinois
Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in South Elgin, Illinois contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.
It should be obvious that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a massive inconvenience, you should obviously do this.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will normally be granted if the violation doesn't harm anyone, and enforcing South Elgin, Illinois's zoning laws to the letter would not, in this case, advance their purposes.
Additionally, 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 South Elgin, Illinois Attorney Do?
If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A seasoned South Elgin, 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.