Zoning Planning & Land Use Law in Minnesota
The laws that regulate how land can be used, and what structures can be built on individual pieces of land in Apple Valley, Minnesota can sometimes be a bit convoluted. This article will not make its reader an expert, but should serve as a good introduction to the subject.
Municipal governments which practice zoning usually 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 usually be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.
The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and construct a noisy, smelly, dirty factory on it.
On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply 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 Apple Valley, Minnesota
Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Apple Valley, Minnesota contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.
First, and perhaps most evidently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a considerable burden, this might be 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 Apple Valley, Minnesota'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 typically 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.
You also have considerable 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 Apple Valley, Minnesota Attorney Do?
If you find yourself facing zoning or other land use issues, it's crucial to have good legal advice. A brilliant Apple Valley, Minnesota 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.