Zoning Planning & Land Use Law in Michigan
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Flint, Michigan can sometimes be a bit confusing. This article will not make its reader an expert, but should serve as a good introduction to the subject.
Localities normally divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For instance, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
Local governments have numerous different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
Zoning laws usually acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be done in residential areas.
Possible Outcomes of Boundary and Title Disputes in Flint, Michigan
If something on your property is in violation of a Flint, Michigan zoning law, the landowner has various avenues.
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 considerably interfere with your use of your property, this is likely the ideal course of action.
What if, however, you've invested a substantial amount of time and money into making an improvement on your property, only to find that it breaks your local zoning laws in some minor way? In this case, you can apply for a variance. This is typically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Flint, Michigan's zoning laws, a variance will typically be granted.
You also have substantial 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 Flint, Michigan Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's imperative to seek competent legal representation. The counsel of an efficient Flint, Michigan 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.