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 St. Michael, Minnesota can sometimes be a bit difficult. 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 instance, 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.

There are numerous different reasons that cities might engage in zoning - but it is normally designed around making cities more livable, by preventing conflicting uses from clashing with one another. After all, few people would want to live in a house next to a vacant lot, if there is a chance that somebody could decide to build a pig farm next door. The security provided by zoning laws helps maintain property values

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 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 St. Michael, Minnesota

If a condition on your property breaks the local zoning laws of St. Michael, Minnesota, 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 substantially interfere with your use of your property, this is likely the ideal course of action.

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

Furthermore, if you have been residing 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 prevailing 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 St. Michael, Minnesota Attorney Do?

If you are in the process of physically altering your property, you are almost sure to face some contentions having to do with local zoning laws. If you find that zoning laws are making it very hard to use your property as you see fit, you may have legal recourse, normally 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 St. Michael, Minnesota attorney.