Zoning Planning & Land Use Law in Louisiana

The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Caddo Parish, Louisiana can sometimes be a bit perplexing. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be built next to daycare centers, pig farms should not be built in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

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 Caddo Parish, Louisiana

If a condition on your property breaks the local zoning laws of Caddo Parish, Louisiana, there are a few different solutions.

It should be clear, however, that the ideal solution is to just fix any condition on your property which is in violation of a local zoning law. If the violation is not significant, and correcting it won't significantly interfere with your use of your property, this is likely the ideal course of action.

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 usually be granted if the violation doesn't harm anyone, and enforcing Caddo Parish, Louisiana's zoning laws to the letter would not, in this case, advance their purposes.

You also have significant protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Caddo Parish, Louisiana Attorney Do?

If you are in the process of physically altering your property, you are almost sure to face some issues having to do with local zoning laws. If you find that zoning laws are making it very difficult to use your property as you see fit, you may have legal recourse, usually in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the assistance of a qualified Caddo Parish, Louisiana attorney.