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 Holly, Michigan can sometimes be a bit complicated. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, 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 several different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, 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 generally acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.

Possible Outcomes of Boundary and Title Disputes in Holly, Michigan

Suppose you find that some condition on your land is in violation of Holly, Michigan's zoning laws. In cases like this, you have quite a few options.

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.

Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Holly, Michigan's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a particular zoning regulation. Generally, variances are granted when the violation is very minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

Furthermore, zoning ordinances cannot be applied against you retroactively. For example, 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 live 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 Holly, Michigan 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 Holly, 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.