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 Hennepin County, Minnesota can sometimes be a bit intricate. This article will not make its reader an expert, but should serve as a good introduction to the subject.

Municipal governments which practice zoning normally 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 normally 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 create a noisy, smelly, dirty factory on it.

While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the several legal disputes that would be inevitable if they were closer to a residential area.

Possible Outcomes of Boundary and Title Disputes in Hennepin County, Minnesota

You have quite a few options if you find that a planned or current use of your property violates Hennepin County, Minnesota's zoning regulations.

First, and perhaps most apparently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a substantial 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 Hennepin County, 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 usually 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.

Additionally, if you have been living on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your current use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Hennepin County, Minnesota Attorney Do?

If you are in the early stages of a major construction or remodeling project on your property, especially if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to confront one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the guidance of a knowledgeable Hennepin County, Minnesota real estate attorney will greatly improve one's chances.